Róisín Shortall (Dublin North West, Social Democrats) | Oireachtas source

I wish to raise the role of the head of the Office of Government Procurement in respect of the children's hospital.

I ask the Tánaiste to respond to the issues I am raising rather than giving a rationale for a new children's hospital. Nobody is denying the need for a new children's hospital, but there are important issues at stake here on which we need answers.

I want to raise the issue of this person's role and the statements that both the Taoiseach and the Minister, Deputy Donohoe, made on the record of this House. On Tuesday of last week, when asked if the head of the Office of Government Procurement, OGP, alerted the Minister for Finance, Deputy Donohoe, to the children's hospital's escalating cost overruns, the Taoiseach replied: "If somebody is on a board, his or her fiduciary and legal responsibilities are to that board and the correct line of accountability is from the chairman of that board to the line Minister, not individual board members acting on their own part." We now know that this statement was not true. These constraints do not apply as the board in question is not a company. It is a development board. The Taoiseach needs to correct the record of the House as what he said was simply untrue and misleading. I ask the Tánaiste to convey those concerns to the Taoiseach and request that he does that at the earliest possible date.

In respect of civil servants who are members of the boards of non-commercial State bodies, circular 12/10 applies and is very clear:

Where there is a significant public policy issue at stake or a disagreement within the board on a major public policy issue, the civil servant should request the Chairman to notify the Minister or, failing that, notify the Minister himself/herself.

Under protocol outlined in the circular, the Minister must be notified without delay where:

(i) There are serious weakness in controls that have not been addressed despite being drawn to the attention of the board or the Chairman;

(ii) There is a significant strategic or reputational risk to the body that is not being addressed;

Yesterday evening the Minister confirmed that circular 12/10 applied. He said: "According to the circular that the head of the OGP was subject to, it was his role to ensure that the parent Department responsible for the project was being informed of what was happening and that was happening." Either the official did what he was supposed to do and alerted the Minister or he did not. If he did not adhere to the circular, that is a serious matter. If he did, it is important that we know exactly when he did inform the Minister. Was that information provided without delay, as was required of the official, and can we have the detail of that? Can we also have information on the actions of that official in respect of his own Minister, Deputy Donohoe? Presumably, if he was aware of this escalating problem with the children's hospital, he would have notified his own Minister.

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