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Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: Yes, we will ask for clarification on the timescale.

Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: We will write back. The Deputy's points about the information provided are noted. We will note and publish this and await further information. The next item is correspondence No. 1246B from the Minister for Health, Deputy Simon Harris, dated 17 April 2018, advising the committee on a determination made by the commission of investigation into certain matters relative to the disability...

Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: It is No. 1249 B. It just arrived yesterday. Mr. Watt has noted the transcript from last week's meeting and that Deputies are concerned to ensure that when Accounting Officers are before the committee that they should have information likely to be sought by the committee available to them to facilitate responses on the day. In light of this, and the number of items on the agenda for 10...

Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: It is a fair point. The Accounting Officer is referring to our discussion last week when other Departments, specifically the Department of Housing, Planning and Local Government, were mentioned. They sent us a substantial amount of information. While public private partnerships were mentioned specifically, they were not the only issue raised. At our previous meeting, we noted that this...

Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: I agree. However, we also do not want to trap ourselves into asking a specific list of questions. The normal full briefing will be required and these will be optional extras. The next matter is correspondence from private individuals. No. 197C is from Professor Patrick O'Shea, president of University College Cork, dated 23 April 2018. The correspondence is in response to a query...

Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: Yes, the letter addresses the university's partnership with Cork Opera House. Has Deputy Kelly had an opportunity to read it?

Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: I agree. University College Cork must demonstrate to the committee the accounting procedure that shows the non-Exchequer income is separate from Exchequer income. In other words, it needs to provide proof that the annual €60,000 investment is sourced from the university's own sources of income.

Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: I know.

Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: It must not make a statement unless it can back it up.

Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: We will make clear that the university needs to provide evidence to prove its statement is correct. Nos. 1215C and 1234C are correspondence from an individual dated 29 March 2018 and 17 April 2018, respectively. The individual has corresponded with the committee on a number of occasions regarding his dismissal from the Irish Prison Service in 1989. We requested the Department of Justice and...

Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: I will take guidance on this. We might write to the Chief State Solicitor's office, which as a Government body was probably advising, to ask if there is a practice in out of court settlements. We can just ask it as a general question and, if it is not relevant, to tell us that. We can write to that office seeking a guidance information note on out of court settlements, the principles...

Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: I can understand that the organisation might say the matter is closed and that is the end of it, but I do not know whether it is legal to insist on a person being party to an agreement restricting somebody's future right to apply for a job. That is why I say we need information, possibly from the Office of the Parliamentary Legal Advisor, OPLA, in the House or the Chief State Solicitor's office.

Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: Yes, we will start with them.

Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: Yes, we will not make it specific because it is a broad issue that is raised.

Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: Yes, we understand that.

Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: I do not think we will get to the bottom of this individual case. We understand that there are non-disclosure agreements to the effect that there would be no discussion or public comment, but I question the concept of an agreement restricting a person's right to apply for a job. Perhaps the person agreed willingly.

Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: Deputy MacSharry wants to settle.

Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: We will ask the Office of the Parliamentary Legal Advisor to give us a note on whether it is valid to include such elements in an agreement. Perhaps that is normal and that is how life works. I do not know.

Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: Okay, we will ask the OPLA for advice and it can come back to us for clarification if it wants to know the precise nature of the issue. Are there any other matters?

Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: We will go into private session before we go into public session.

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