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Public Accounts Committee: Business of Committee (13 Jun 2019)

Marc MacSharry: There is a detailed answer but it is a little bit of a cop-out of an answer.

Public Accounts Committee: Business of Committee (13 Jun 2019)

Marc MacSharry: Maybe-----

Public Accounts Committee: Business of Committee (13 Jun 2019)

Marc MacSharry: Maybe powers higher than us need to consider including aspects of this. There may be perfectly good grounds for the contractor to be suing the State. I am not saying there are not. However, if it is doing it nine times, it looks like there is a little bit of form and consistency. As the people writing the cheque, we should have some element of discretion. There is no doubt the State is...

Public Accounts Committee: Business of Committee (13 Jun 2019)

Marc MacSharry: The Houses of the Oireachtas Commission is the one exception.

Public Accounts Committee: Business of Committee (13 Jun 2019)

Marc MacSharry: They get paid.

Public Accounts Committee: Business of Committee (13 Jun 2019)

Marc MacSharry: Yes.

Public Accounts Committee: Business of Committee (13 Jun 2019)

Marc MacSharry: Yes, it does.

Public Accounts Committee: Business of Committee (13 Jun 2019)

Marc MacSharry: I support Deputy Farrell. It is a good idea.

Public Accounts Committee: Business of Committee (13 Jun 2019)

Marc MacSharry: I have some direct questions for the Comptroller and Auditor General. What would the Chartered Accountants Regulatory Board, CARB, the regulatory body for chartered accounts, think of this?

Public Accounts Committee: Business of Committee (13 Jun 2019)

Marc MacSharry: The Minister was within his rights to do it.

Public Accounts Committee: Business of Committee (13 Jun 2019)

Marc MacSharry: The law provides for this to be done but it gives a dishonest picture.

Public Accounts Committee: Business of Committee (13 Jun 2019)

Marc MacSharry: Can the regulatory standards that would apply to the chief financial officer, who probably is a qualified chartered account among many other things, be trumped by the Minister and the powers available to him?

Public Accounts Committee: Business of Committee (13 Jun 2019)

Marc MacSharry: Is that true?

Public Accounts Committee: Business of Committee (13 Jun 2019)

Marc MacSharry: I know what the Minister does. I am interested in the people who are on the board and their fiduciary duties. They are all professionals and they are regulated by international financial accounting standards. There is the CARB, the Association of Chartered Certified Accountants, ACCA, and various other bodies. I am asking if those individuals complied with their regulatory duties-----

Public Accounts Committee: Business of Committee (13 Jun 2019)

Marc MacSharry: -----or does the ministerial intervention under the law trump any responsibilities they have under the accruals principle?

Public Accounts Committee: Business of Committee (13 Jun 2019)

Marc MacSharry: If this was a private company and the owner instructed the board to remove a liability for pay or something else in the following year, would that be a problem?

Public Accounts Committee: Business of Committee (13 Jun 2019)

Marc MacSharry: The Minister has the status to present it whatever way he wants. If it was a company, would we be into breaking the law here?

Public Accounts Committee: Business of Committee (13 Jun 2019)

Marc MacSharry: I agree. I suppose we are just trying to develop an understanding that the State has one set of rules and the rest of us have another set of rules.

Public Accounts Committee: Business of Committee (13 Jun 2019)

Marc MacSharry: The State has chosen to do it in this way, and to give what is the wrong outcome, but if it was a company, we would have regulators kicking in, Revenue kicking in, and we would be breaking the law, would we not?

Public Accounts Committee: Business of Committee (13 Jun 2019)

Marc MacSharry: I am just saying "if it was". It is a real question. If the situation applied out in the real world, would it be breaking the law?

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