Dáil debates

Wednesday, 4 December 2019

Ceisteanna (Atógáil) - Questions (Resumed)

Commissions of Investigation Expenditure

1:20 pm

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael) | Oireachtas source

Following consultations with the Opposition parties by the then Minister for Finance, the IBRC commission of investigation was established in June 2015. The commission is entirely independent in its work and Mr. Justice Brian Cregan is its sole member.

The commission was originally due to issue its final report by the end of December 2015 at an estimated cost of €4 million, excluding any third-party costs.

The commission is required to investigate certain transactions, activities and management decisions at the IBRC. In its first module, it is investigating the Siteserv transaction, which has been identified as a matter of significant public concern in Dáil Éireann.

In the commission's sixth interim report, dated 27 March 2019, Mr. Justice Cregan requested an extension of the deadline for reporting until the end of March 2020. He also responded to several issues I had raised with him in December 2018 following consultation with other Oireachtas parties. These concerned the estimated final cost of the investigation, the timescale for completion of the commission's work and whether it would be possible for the commission to reach interim findings.

On 31 May last, following completion of consultations with Opposition party representatives, I agreed to extend the commission's timeframe for reporting until 31 March 2020. I also arranged for the commission's sixth interim report to be published on my Department's website and laid before the Houses of the Oireachtas.

Other than what has been published in the commission's interim reports, I have no information on the status of its investigation, as the commission is completely independent in its work.

Regarding costs, from the time of its establishment to the end of October this year the commission spent approximately €6.7 million. This does not include third-party legal costs that have been incurred by the commission but not yet paid.

The commission's sixth interim report provides an estimate of the final cost of the completion of the first module of its investigation, which concerned the Siteserv transaction, of between €11 million and €14 million. However, this estimate assumes the investigation is completed in accordance with the timetable set out in the interim report and excludes costs or delays associated with judicial review hearings.

The commission also acknowledges a substantial degree of uncertainty regarding the amount of costs actually recoverable by parties before the commission and assumes the commission's legal costs guidelines are not successfully challenged.

As I have informed Opposition party representatives, my Department continues to be of the view that the final cost is likely to significantly exceed his estimate and could be of the order of €30 million.

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