John O'Mahony (Mayo, Fine Gael)
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Question 5: To ask the Minister for Tourism; Culture and Sport if she has requested the Chairman of the Irish Sports Council to carry out a review of corporate governance procedures at the Irish Sports Council; when she expects to receive the outcome of this review; and if she will make a statement on the matter. [36950/10]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 2 and 5 le chéile.

As the Deputy is aware, my predecessor requested a report from the Irish Sports Council, ISC, on the Mary Coghlan v. Athletic Association of Ireland and Irish Sports Council High Court case. In keeping with my earlier commitment to this House, the sports council report and the transcripts of evidence are now available on my Department's website. I believe that while the Irish Sports Council sets out its case, Ms Coghlan's arguments are set out in the court transcripts. Both sides have now had their say. A settlement was agreed in court and commissioning a further report would only serve to incur more financial expense and prolong the acrimony. I believe it is important at this stage to draw a line under what happened and to focus on the future.

I expect the statutory agencies reporting to me to adhere to best corporate governance practices and, in general, the Irish Sports Council has done so. It is important to learn from this case how one can avoid similar cases arising in the future and ensure that public moneys are not used to meet the costs of legal settlements at the expense of the development of sport.

Last month, I announced the appointment of Mr. Kieran Mulvey as the new chairman of the Irish Sports Council for a five-year term. As Members will be aware, Mr. Mulvey has been chief executive of the Labour Relations Commission since 1991. He has served on a number of public bodies, including the Independent Radio and Television Commission, the National Economic and Social Council and the Governing Bodies of UCD and DCU. He is a former general secretary of the Association of Secondary Teachers, Ireland and the Irish Federation of University Teachers. Mr Mulvey has also acted as a consultant with the European Union and the International Labour Organisation on matters relating to public management, human resources and industrial relations. He recently chaired the negotiations which led to the public service Croke Park agreement.

He also has had a lifelong interest in Irish sport and has on occasion made himself available to assist various sporting bodies resolve issues of contention. I am sure his wide range of skills and experience will be of great value to the Irish Sports Council as it works with the national governing bodies of sport to increase participation in sport, improve standards of performance and ensure that best practice is followed in management, governance and operating procedures at all levels of Irish sport.

I have asked Mr. Mulvey to consider the corporate governance practices followed by the council and to provide assurances to me that best practice is exercised by the Irish Sports Council in its dealings with its customers. I have also asked him to ensure that the council promotes the use of mediation and arbitration where difficulties do arise. I have no doubt that Mr. Mulvey's own considerable experience in this area will be invaluable in that respect.

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The reason I published only the report of the Irish Sports Council on the website was that the council did not make any contribution to the High Court because the case was settled. Therefore, only one side of the case was presented in court, namely, that of Ms Coughlan. However, by publishing the transcripts on the website, her side of the story has been given a full airing. All of that is available on the website as well as the comment of the Irish Sports Council. Out of courtesy I wrote to Ms Coughlan to indicate that the report would be published on the website and I received a reply from her. However, the Attorney General's advice was that we could not publish her report.

I see no value for anybody in reopening this issue. The Irish Sports Council has moved on. I have impressed upon it the importance of dealing with mediation and arbitration in order to avoid legal cases which use up taxpayers' money that could be going to sport. Ms Coughlan says it has also been a painful experience for her. I am anxious to ensure lessons will be learned from it. So far as we can leave that case behind, the best way of protecting other people, other sports organisations and the Irish Sports Council itself is to have proper procedures in place.

John O'Mahony (Mayo, Fine Gael)
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I join Deputy Upton in welcoming the appointment of Mr. Mulvey as chairman of the Irish Sports Council. There has never been a greater need in the governance of sport for the industrial relations experience he possesses. I support Deputy Upton's call for an independent inquiry in this case. The key question for the public is why we have not heard Ms Coughlan's version of events. The Minister indicated that she has asked Mr. Mulvey for assurances that best practice will be exercised in the council's dealings with customers. Is that an implication that this has not been the case in the past, as is the general view?

There is a need for better governance. After each Olympic Games, for instance, we have reports from the Olympic Council of Ireland and the Irish Sports Council which are totally divergent. What is the relationship between the high-performance unit in the council and the Irish Institute of Sport? It seems many former staff of the institute are coming into the council as consultants. There are questions to be answered in that regard.

I am aware of a specific case where a top athlete-----

Brendan Howlin (Wexford, Labour)
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The Deputy cannot make a speech, he must ask a question.

John O'Mahony (Mayo, Fine Gael)
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I have a question. I know of a top athlete who walked away from a training camp a week ago because of disillusionment with the lack of back-up and forward planning. I am also aware of a very successful boxing coach who has walked away in recent weeks without there being a word of it in the media.

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I cannot comment on individual cases. There has been great success at the high-performance level during the summer, not least in the sport of boxing. Responsibility falls on the Irish Sports Council to ensure, through the carding system, that we support top athletes and that there is sufficient funding for the relevant organisations. That is the council's major role and will be in the coming years as we prepare for the Olympic Games.

In regard to whose views were heard and whose were not in the legal case we are discussing, I reiterate that one side of the story was given comprehensively in court and the transcripts of that are included on the Department's website. The Irish Sports Council did not take the opportunity in the High Court to give its side, so its report is also included on the website. A settlement was reached in this matter. We all accept that Mr. Mulvey is the right man with the right skills for the role of chairman. As I said, I have impressed upon him the importance of dealing with governance issues. That is not to say there were failures in the past, but there were three or four cases which should not have arisen and which cost the State money. Even prior to appointing the new chairman I indicated to the council the importance of the "just sport" idea, which has been discussed in this House, whereby mediation and arbitration should always be used in the first instance. As far as possible, the courts should never be used when it comes to sport.

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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It is not my intention to commission a report and to drag this issue on. Nor is it my intention to cause hurt or pain to anybody as would invariably arise were another report commissioned.

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I am satisfied that both sides had their say, one in court and the other in the relevant report. I accept that we are talking about two different fora, but we have had both sides of the argument. I am concerned to ensure that proper governance and proper relationships continue to exist between the Irish Sports Council and all its member organisations.

John O'Mahony (Mayo, Fine Gael)
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Is it the Minister's opinion that Ms Coughlan feels her side of the story has been heard? Would the Minister agree, as with the other cases I have mentioned, that it is in her own interest and that of the Irish Sports Council, Athletics Ireland and the Olympic Council of Ireland that there is better governance of sport in the years ahead?

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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As Deputies recognise, the reason I appointed Mr. Kieran Mulvey to the position was to bring his particular skills to bear on the Irish Sports Council and on its relationship with the organisations. I think we will see new procedures put in place in that regard.

I accept that Ms Coughlan's side of the story was heard, but it was heard in the court. That is why I took the decision to publish all the transcripts of that case.

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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If we got into a situation where she replied to the Irish Sports Council, then the council would have replied to her. The case was dealt with in court and a settlement was made. The interest of sport would be better served by moving on and looking to see what could be learned from the matter.