Seán Fleming (Laois, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

The next item of correspondence is No. 1396C from Mr. John McKeon, Secretary General of the Department of Employment Affairs and Social Protection, providing clarification requested by the committee regarding an apparent inconsistency between an answer given at our committee and at the Joint Committee on Employment Affairs and Social Protection on 8 May. The last paragraph of his letter says the first question in our correspondence related to non-delivery of a contract service. It is about JobPath. It says the second question at the joint committee related to the operation of the payment model. They are two slightly different aspects of the same issue and he makes clear that he was answering different aspects. There is no contradiction and he is making that clear. We note that and will forward it to the person who sent it to us.

Nos. 1401C and 1402C are dated 11 May 2018 and request that the committee investigate matters relating to the censorship of a play authored by the correspondent and make inquiries about a programme broadcast on UTV. These matters do not fall within the remit of the committee and I propose that we write to the correspondent accordingly and do not circulate other items on the matter.

No. 1413C dated 21 June 2018 was received from an individual regarding the items we dealt with earlier in regard to the RTÉ 2+1 channel.

No. 1414C is from an individual requesting the committee to make inquiries regarding a landfill site at Whitestown, County Wicklow. I propose that, with the individual’s permission, we forward the item to the Department of Housing, Planning and Local Government for an initial response and we can decide then how to proceed. The individual states that major remedial work was carried out. High Court proceedings were heard by Mr. Justice Humphreys. According to the correspondent, the judge excoriated various public bodies, Wicklow County Council and the Department as the job done is so bad that public moneys were wasted and a further remedial project must recommence. Much money has been expended on this matter. The topic was discussed by the committee recently and we will ask for a very detailed and comprehensive response on the matter and follow up on it when that is received.

No. 1416C, dated 22 June 2018, relates to the dossier submitted to the committee by John Miskelly. Deputy Catherine Murphy submitted No. 1412 in respect of the same item.

No. 1426C, dated 26 June 2018, was received from Ms Susan Gilvarry, solicitor to the Cooke commission of investigation, regarding documentation received by the commission and the committee. I ask that the letter be put up on the screen because I wish to read it into the record to set the context. I will then call Deputy Cullinane. The letter is addressed to Mr. Kieran Lenihan, clerk to the Committee of Public Accounts, from Ms Susan Gilvarry, solicitor to the commission, and is dated 25 June 2018. It states:

Re: Commission of Investigation (National Asset Management Agency) Project Eagle

I refer to our conversation of last Wednesday, 20th June 2018, in relation to the statement and dossier of Mr John Miskelly. I can confirm that following a preliminary review of the statement and documents provided, the Sole Member has formed the view that some of the information provided by Mr Miskelly may be relevant to the Commission's Terms of Reference.

Accordingly, I am to inform you that the Commission has written to Mr Miskelly, to ask him to provide sworn testimony under s. 16 of the Act, in relation to the matters contained within his statement and accompanying dossier. The Sole Member has asked me to draw your attention to s. 11(3) of the Commissions of Investigation Act 2004 and the constraints imposed on witnesses before the Commission in disclosing evidence to third parties.

Mr. Justice Cooke stated that he has asked for sworn testimony and is dealing with the matter. He highlights that witnesses before the commission are restricted from disclosing evidence to third parties, including the committee. All members are aware that the Oireachtas set up this commission of investigation. We asked for it and the Oireachtas established it. The commission is up and running. Mr. Miskelly is a witness before the commission and I think the letter deals with the issue. I call Deputy Cullinane.