Results 1,881-1,900 of 45,510 for speaker:Simon Harris

Public Accounts Committee: Bord na gCon - Annual Accounts 2011 (7 Nov 2013)

Simon Harris: The reason it was not a legal requirement was that it was not in the contract and yet his engineers suggested it should be in it and his solicitors clearly stated that they would draft a condition to insert into the contract. None of that happened.

Public Accounts Committee: Bord na gCon - Annual Accounts 2011 (7 Nov 2013)

Simon Harris: That is crystal clear.

Public Accounts Committee: Bord na gCon - Annual Accounts 2011 (7 Nov 2013)

Simon Harris: I agree it is crystal clear that it was not a legal condition and that it was not in the contract but the reason we are having this conversation is that it was not in the contact. Mr. Neilan decided to have what is termed as "a gentleman's agreement". When the engineers said it should be specified and when the solicitors were drafting a condition to insert into the contract, why did it not...

Public Accounts Committee: Bord na gCon - Annual Accounts 2011 (7 Nov 2013)

Simon Harris: Is Mr. Neilan saying - this could be very helpful in terms of clarification - that it was the wish of the greyhound board to have it included in the contract but from the vendor's point of view, it was not acceptable to include it in the contract?

Public Accounts Committee: Bord na gCon - Annual Accounts 2011 (7 Nov 2013)

Simon Harris: I understand that but these discussions took place before the deal was done and before the contract was signed. Am I right?

Public Accounts Committee: Bord na gCon - Annual Accounts 2011 (7 Nov 2013)

Simon Harris: I am hearing Mr. Neilan loud and clear but I am still not getting my question answered. I understand it was not in the contract and that it was not a condition of sale but my question is, why was it not? Why did Mr. Neilan, as chief executive, make a decision to proceed with a contract when his engineers stated to him on 22 November 2007 that it should be in it and when his solicitors wrote...

Public Accounts Committee: Bord na gCon - Annual Accounts 2011 (7 Nov 2013)

Simon Harris: I put it to Mr. Neilan that he ignored the advice of his engineers to include this in the contract.

Public Accounts Committee: Bord na gCon - Annual Accounts 2011 (7 Nov 2013)

Simon Harris: I am not an engineer or a legal person but if I buy something, I rely on the advice of professionals. I bring in people who have engineering and legal professional skills and I ask them to advise me. The engineers clearly looked at the site and said the fill would be an issue and that Mr. Neilan had better include it in the contract. The legal people then went about trying to make sure it...

Public Accounts Committee: Bord na gCon - Annual Accounts 2011 (7 Nov 2013)

Simon Harris: No. What I am trying to suggest is that if I go to buy a Mazda and there is water leaking onto the back seat and the mechanic says I should not buy it unless the leak is fixed, I would make sure the leak was fixed before I bought it. I put it to Mr. Neilan that his engineers said he would have to fill the site and in regard to those works upon the site and throughout the site that are to be...

Public Accounts Committee: Bord na gCon - Annual Accounts 2011 (7 Nov 2013)

Simon Harris: Mr. Neilan had a mechanic saying not to buy it until the leak was fixed.

Public Accounts Committee: Bord na gCon - Annual Accounts 2011 (7 Nov 2013)

Simon Harris: Mr. Neilan would accept that Atkins, his engineers, had advised him to include it in the contract.

Public Accounts Committee: Bord na gCon - Annual Accounts 2011 (7 Nov 2013)

Simon Harris: In hindsight, does Mr. Neilan believe it should have been?

Public Accounts Committee: Bord na gCon - Annual Accounts 2011 (7 Nov 2013)

Simon Harris: We are going to have to disagree on this. I note with disappointment that there was advice available to the greyhound board before the signing of the contract to specify this in the contract. However, Mr. Neilan signed that contract without that being done, with the consent of the board. I am simply noting that point. On 29 April, 2008, the project manager prepared what has been...

Public Accounts Committee: Bord na gCon - Annual Accounts 2011 (7 Nov 2013)

Simon Harris: That is all fine and admirable and no one has a difficulty with that. However, the two questions relating to this issue remain. Could the interests of the industry, the board's bank balance and ultimately the taxpayer been better protected if Mr Neilan had taken the advice of the engineer and the solicitor to include the fill in the contract? Second, when that failed to happen and was not...

Public Accounts Committee: Bord na gCon - Annual Accounts 2011 (7 Nov 2013)

Simon Harris: I have one final question on the Limerick project. In my experience, solicitors do not write letters and project managers do not prepare letters unless they believe those letters or their advice is sought. Therefore, Mr. Neilan's solicitors must have presumed or heard from him that he wanted to include or was considering including this condition in the contract. Equally, presumably the...

Public Accounts Committee: Bord na gCon - Annual Accounts 2011 (7 Nov 2013)

Simon Harris: Yes, but your solicitor provided you with advice. Presumably that advice was solicited. Presumably Mr. Neil sought their advice on the contract.

Public Accounts Committee: Bord na gCon - Annual Accounts 2011 (7 Nov 2013)

Simon Harris: Yes, but it did not appear in the contract.

Public Accounts Committee: Bord na gCon - Annual Accounts 2011 (7 Nov 2013)

Simon Harris: Fine. I thank Mr. Neilan for his answers but I am still at sixes and sevens as to why, when his engineer told him to put in it and his solicitor drafted it up as a requirement of the contract, he signed a contract that did not include it. I will move on because I do not think we can advance this matter any further at present. The next issue I wish to deal with is procurement, most...

Public Accounts Committee: Bord na gCon - Annual Accounts 2011 (7 Nov 2013)

Simon Harris: You now have a new procurement officer.

Public Accounts Committee: Bord na gCon - Annual Accounts 2011 (7 Nov 2013)

Simon Harris: Is that officer here?