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Public Accounts Committee: Special Report No. 104 of the Comptroller and Auditor General: Waterford Institute of Technology - Development and Disposal of Intellectual Property in FeedHenry (24 Jan 2019)

David Cullinane: Paragraph 3.4 relates to the timeline of events. It refers to the establishment of Aceno Mobile Services Limited and eventually FeedHenry Limited. My understanding, from reading national policy and the policy of Waterford IT in respect of spin-out companies and so on, is that it seems the policy is written from the viewpoint that these companies would be established within the institute....

Public Accounts Committee: Special Report No. 104 of the Comptroller and Auditor General: Waterford Institute of Technology - Development and Disposal of Intellectual Property in FeedHenry (24 Jan 2019)

David Cullinane: Would it be unusual for a private company to be established in that manner and then come to the institute and state------

Public Accounts Committee: Special Report No. 104 of the Comptroller and Auditor General: Waterford Institute of Technology - Development and Disposal of Intellectual Property in FeedHenry (24 Jan 2019)

David Cullinane: I have read all of that. The process is in place.

Public Accounts Committee: Special Report No. 104 of the Comptroller and Auditor General: Waterford Institute of Technology - Development and Disposal of Intellectual Property in FeedHenry (24 Jan 2019)

David Cullinane: We are happy with that. I am referring to the period when this took place. A private company was established and went to the institute to seek the intellectual property. However, my understanding which may be incorrect and which seems to be similar to that of the Comptroller and Auditor General is that the policy was geared towards companies coming organically from within the institute....

Public Accounts Committee: Special Report No. 104 of the Comptroller and Auditor General: Waterford Institute of Technology - Development and Disposal of Intellectual Property in FeedHenry (24 Jan 2019)

David Cullinane: I have some important questions about the review of the commercialisation process. I ask the witnesses to bear with me as I am working through the report which I want to give the scrutiny it deserves. Paragraph 3.25 states that in late 2009 the institute's research office undertook a review of the commercialisation process. In January 2010 a memorandum was sent to the vice president of...

Public Accounts Committee: Special Report No. 104 of the Comptroller and Auditor General: Waterford Institute of Technology - Development and Disposal of Intellectual Property in FeedHenry (24 Jan 2019)

David Cullinane: The memorandum raised several concerns. Is Professor Donnelly aware of it?

Public Accounts Committee: Special Report No. 104 of the Comptroller and Auditor General: Waterford Institute of Technology - Development and Disposal of Intellectual Property in FeedHenry (24 Jan 2019)

David Cullinane: I ask that the committee be provided with a copy of it.

Public Accounts Committee: Special Report No. 104 of the Comptroller and Auditor General: Waterford Institute of Technology - Development and Disposal of Intellectual Property in FeedHenry (24 Jan 2019)

David Cullinane: I ask that it be provided as soon as possible and Professor Donnelly to synopsise the matters raised in it.

Public Accounts Committee: Special Report No. 104 of the Comptroller and Auditor General: Waterford Institute of Technology - Development and Disposal of Intellectual Property in FeedHenry (24 Jan 2019)

David Cullinane: The report states the research office undertook a review. Is Professor Donnelly saying he prompted that review?

Public Accounts Committee: Special Report No. 104 of the Comptroller and Auditor General: Waterford Institute of Technology - Development and Disposal of Intellectual Property in FeedHenry (24 Jan 2019)

David Cullinane: I wish to be fair to the institute and its staff, including Professor Donnelly who received the memo and the person who sent it, as well as to the Comptroller and Auditor General who prepared the report. My understanding of his report is that it states a memorandum raising concerns was sent to Professor Donnelly. However, the report seems to suggest a copy of the memorandum ought to have...

Public Accounts Committee: Special Report No. 104 of the Comptroller and Auditor General: Waterford Institute of Technology - Development and Disposal of Intellectual Property in FeedHenry (24 Jan 2019)

David Cullinane: The report states:During the course of this examination, we asked the Institute whether the memorandum had been copied to any other parties, and in particular whether it had been copied to the Secretary/Financial Controller, the Institute President, or the Governing Body, and if so, when was this done. The Institute responded that the (then) Secretary/Financial Controller was not included in...

Public Accounts Committee: Special Report No. 104 of the Comptroller and Auditor General: Waterford Institute of Technology - Development and Disposal of Intellectual Property in FeedHenry (24 Jan 2019)

David Cullinane: Yes. That was my point. There was a suggestion in the document that that should be done, but it was not. Professor Donnelly received the memo which raised concerns and should have have gone further up the line, but it did not. As far as I can see, he went back to the person who wrote the memo to ask for supporting documentation.

Public Accounts Committee: Special Report No. 104 of the Comptroller and Auditor General: Waterford Institute of Technology - Development and Disposal of Intellectual Property in FeedHenry (24 Jan 2019)

David Cullinane: Was that an oral request or was it made by email or letter?

Public Accounts Committee: Special Report No. 104 of the Comptroller and Auditor General: Waterford Institute of Technology - Development and Disposal of Intellectual Property in FeedHenry (24 Jan 2019)

David Cullinane: As the person who wrote the report, does Mr. McCarthy consider that to be a fair response? I want to be fair to all involved. My reading of the report is that the memo raising concerns was sent to the vice president of research. It was requested that it be sent up the line, but that did not happen; rather, the person received a request for more evidence or supporting documentation.

Public Accounts Committee: Special Report No. 104 of the Comptroller and Auditor General: Waterford Institute of Technology - Development and Disposal of Intellectual Property in FeedHenry (24 Jan 2019)

David Cullinane: Does Mr. McCarthy consider that to be the appropriate way to deal with the memo?

Public Accounts Committee: Special Report No. 104 of the Comptroller and Auditor General: Waterford Institute of Technology - Development and Disposal of Intellectual Property in FeedHenry (24 Jan 2019)

David Cullinane: There were two subsequent meetings, one on 4 October and another which Professor Donnelly attended. According to Mr. McCarthy, there was no supporting documentation related to these meetings.

Public Accounts Committee: Special Report No. 104 of the Comptroller and Auditor General: Waterford Institute of Technology - Development and Disposal of Intellectual Property in FeedHenry (24 Jan 2019)

David Cullinane: Were there notes for any of the meetings?

Public Accounts Committee: Special Report No. 104 of the Comptroller and Auditor General: Waterford Institute of Technology - Development and Disposal of Intellectual Property in FeedHenry (24 Jan 2019)

David Cullinane: Professor Donnelly has gone back to the email. We are now dealing with the meetings.

Public Accounts Committee: Special Report No. 104 of the Comptroller and Auditor General: Waterford Institute of Technology - Development and Disposal of Intellectual Property in FeedHenry (24 Jan 2019)

David Cullinane: In Professor Donnelly's analysis, he handled the matter appropriately, which is fine. However, the Comptroller and Auditor General prepared the report and seems to have a different view of how it should have been handled. In fact, there seems to be no record of notes having been taken at the two formal meetings between very senior people in the institute. At paragraph 3.28, the report...

Public Accounts Committee: Special Report No. 104 of the Comptroller and Auditor General: Waterford Institute of Technology - Development and Disposal of Intellectual Property in FeedHenry (24 Jan 2019)

David Cullinane: Aceno Limited.

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