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Public Accounts Committee: National Paediatric Hospital Development Board: 2019 Financial Statement (Resumed) (13 Jul 2021)

Seán Sherlock: Help me out here. The architect is the designer of the project from day one but the architect is also the arbiter in respect of the decisions on claims. Is this correct?

Public Accounts Committee: National Paediatric Hospital Development Board: 2019 Financial Statement (Resumed) (13 Jul 2021)

Seán Sherlock: In broad terms I am correct in what I am saying.

Public Accounts Committee: National Paediatric Hospital Development Board: 2019 Financial Statement (Resumed) (13 Jul 2021)

Seán Sherlock: Mr. Devine is saying an independent person is built in but it is still the architect and it is still coming from the project board side. That is the point.

Public Accounts Committee: National Paediatric Hospital Development Board: 2019 Financial Statement (Resumed) (13 Jul 2021)

Seán Sherlock: That is fine. There are 906 claims notified under clause 10.3 for determination by the employer's representative. Mr. Devine has sent us the document on the 10.3 clause and there are six subheadings. People will be able to interpret them quite easily. If I understand it correctly what the witnesses have stated today is the value of those 906 claims is now approximately €446...

Public Accounts Committee: National Paediatric Hospital Development Board: 2019 Financial Statement (Resumed) (13 Jul 2021)

Seán Sherlock: There are nine disputes agreed and no longer in dispute management to the value of €2.9 million.

Public Accounts Committee: National Paediatric Hospital Development Board: 2019 Financial Statement (Resumed) (13 Jul 2021)

Seán Sherlock: That is correct.

Public Accounts Committee: National Paediatric Hospital Development Board: 2019 Financial Statement (Resumed) (13 Jul 2021)

Seán Sherlock: We do not have the main contractor or any of the subcontractors before us. We do not have the mechanical, electrical or lift contractors before us. We have to take everything Mr. Devine is saying at face value. I am trying to dig a little bit deeper on this. It seems to me the claims arise from variations made. Notwithstanding the line, which is well co-ordinated, that has been put...

Public Accounts Committee: National Paediatric Hospital Development Board: 2019 Financial Statement (Resumed) (13 Jul 2021)

Seán Sherlock: Okay.

Public Accounts Committee: National Paediatric Hospital Development Board: 2019 Financial Statement (Resumed) (13 Jul 2021)

Seán Sherlock: Okay.

Public Accounts Committee: National Paediatric Hospital Development Board: 2019 Financial Statement (Resumed) (13 Jul 2021)

Seán Sherlock: Is it reasonable in a normal contractual process to claim for time? Is this Mr. Devine's experience as a project director? The project is running into billions of euro at this stage. Is this normal practice?

Public Accounts Committee: National Paediatric Hospital Development Board: 2019 Financial Statement (Resumed) (13 Jul 2021)

Seán Sherlock: Mr. Gunning has spoken about an inordinate number of claims. He referred to the heat of the battle.

Public Accounts Committee: National Paediatric Hospital Development Board: 2019 Financial Statement (Resumed) (13 Jul 2021)

Seán Sherlock: I thank the Chair.

Public Accounts Committee: National Paediatric Hospital Development Board: 2019 Financial Statement (Resumed) (13 Jul 2021)

Seán Sherlock: I will go back to the 906 claims notified for ER determination under the 10.3 clause. Have we determined that the estimated cost of outstanding claims is €446 million?

Public Accounts Committee: National Paediatric Hospital Development Board: 2019 Financial Statement (Resumed) (13 Jul 2021)

Seán Sherlock: I am sorry. That is what the contractor is claiming. Can Mr. Devine clarify what has been settled from that €446 million?

Public Accounts Committee: National Paediatric Hospital Development Board: 2019 Financial Statement (Resumed) (13 Jul 2021)

Seán Sherlock: This leads me to my next question about the legal processes. This is a matter of public record so it should not be sensitive information. Can the witnesses quantify the number of proceedings that have ended up in the High Court? On how many occasions has the development board ended up in the High Court? Who has instigated those proceedings and what has been the cost to the taxpayer,...

Public Accounts Committee: National Paediatric Hospital Development Board: 2019 Financial Statement (Resumed) (13 Jul 2021)

Seán Sherlock: It is public knowledge so please give a straight answer. It is not commercially sensitive. What are the costs so far?

Public Accounts Committee: National Paediatric Hospital Development Board: 2019 Financial Statement (Resumed) (13 Jul 2021)

Seán Sherlock: I have a practical, procedural question for our visit tomorrow. Will the contractors be there to meet us?

Joint Committee On Children, Equality, Disability, Integration And Youth: General Scheme of the Birth Information and Tracing Bill 2021: Discussion (Resumed) (13 Jul 2021)

Seán Sherlock: Has the Data Protection Commission reached the end of the line in its involvement with this legislation? I ask this because if there is to be a data protection impact analysis, presumably the DPC is still in, what I would call, an iterative process in respect of the legislation. I ask Mr. Sunderland for clarity on that.

Joint Committee On Children, Equality, Disability, Integration And Youth: General Scheme of the Birth Information and Tracing Bill 2021: Discussion (Resumed) (13 Jul 2021)

Seán Sherlock: I am trying to think forward to where there might be - I will use the word "dispute", though lightly - a dispute between two parties, the parent and the child. If it reaches the point where there is a dispute, where does the DPC see itself in terms of the existing legislation in respect of dispute resolution and in the context of this legislation when it is passed? In other words, when...

Joint Committee On Children, Equality, Disability, Integration And Youth: General Scheme of the Birth Information and Tracing Bill 2021: Discussion (Resumed) (13 Jul 2021)

Seán Sherlock: This was an issue that was on my mind and I wanted to seek clarity on it. Mr. Sunderland has confirmed what I thought. This is an iterative process and the DPC has yet to fully analyse or process the data protection impact assessment. In light of that, and once that analysis is done, I ask the Chair if there is a possibility of hearing further from the DPC on how this legislation works in...

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