Alan Farrell (Dublin Fingal, Fine Gael)
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In my experience of legal advice, it is often the quality of the instruction that determines the advice received. It is often a very confusing aspect when one is trying to determine the best approach to take. The quality of the instruction to the law firm or whoever was used would have most likely coloured the response received. That is why I find it difficult to understand, with the available information, how Professors Hardwick and Goldson were not provided with the opportunity to be informed. They have clearly indicated they are not aware of what is offensive within their report to the board. Therefore, they could not offer to redact certain sections; this went to the law firms hired to provide the board with legal advice and coloured the decision not to publish. I am sure the board comprises experienced professionals and that there are all sorts of individuals on the board and in the management structure who expressed a viewpoint.

As a former member of other boards of management, one of my first actions would have been to ask the authors of the report to come before the board and have a discussion about it.

That did not happen and, therefore, the authors were not aware of what was offensive within the report, as was clearly articulated earlier. As a result, the board could not be informed by the authors' viewpoint as to what could or could not be redacted and later published, subject to legal advice.

I cannot help but feel that the board has been robust in its approach but perhaps it has omitted something, unintentionally or otherwise, from its contribution to the committee or else overlooked it. I wish to understand the lengths to which the board has gone to produce value for money by publishing the report, as Professor Kilkelly rightly pointed out. I do not suggest for one moment that there is some malevolent plan because I do not think that is the case. Rather, I wish to understand the lengths to which the board went to publish the report because it is not immediately clear. Does Professor Kilkelly wish to respond before I invite Deputy Rabbitte to make a contribution?