Oireachtas Joint and Select Committees

Thursday, 20 April 2023

Public Accounts Committee

2020 Report of the Comptroller and Auditor General: Chapter 14 - Assessment and Collection of Insurance Compensation Fund Levies (Resumed)
Report on Administration and Movement of the Insurance Compensation Fund for the year ended 31 December 2021 (Resumed)
Comptroller and Auditor General Section 2 Report on Unauthorised release of funds from the Central Fund of the Exchequer (Resumed)

9:30 am

Mr. John Hogan:

Along with the guidance of the people who are very familiar with dealing with these cases, which is the State Claims Agency. The other thing the Deputy has to remember is the counterfactual, which is that costs had already been incurred in pursuing this case. It seemed to us from the advice we were getting from the State Claims Agency that, on balance, pursuing this case would work. If we had gone against that advice and decided to roll up our tent and walk away, the committee could have us here to ask us why the legal costs were invested in that case up to now, that the guidance we were getting would have brought us in a certain direction, and why the case was not pursued.

In all these things, there is a balance that must be struck. On balance, the Department felt it was the right course of action. Ultimately, as we see, it facilitated a settlement that allowed for the return of €29 million plus whatever was the benefit of the-----