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Public Accounts Committee: Business of Committee (19 Jan 2017)

David Cullinane: When is the next one due?

Public Accounts Committee: Report of the Accounts of the Public Services 2015
Chapter 11 - Guardian Ad Litem Service
(19 Jan 2017)

David Cullinane: Mr. McBride said he had the full list of the reasonableness checks. It would be important for us to have that if it could be distributed to us. It would form the basis of some of the questions I would want to ask.

Public Accounts Committee: Report of the Accounts of the Public Services 2015
Chapter 11 - Guardian Ad Litem Service
(19 Jan 2017)

David Cullinane: I welcome our witnesses. Earlier, an Teachta Madigan asked about the wisdom of Tusla being the paymaster in this case. I gather Dr. Lynch said that it was not inappropriate but certainly not ideal and not best practice. That is the Department's position. Is that correct?

Public Accounts Committee: Report of the Accounts of the Public Services 2015
Chapter 11 - Guardian Ad Litem Service
(19 Jan 2017)

David Cullinane: Dr. Lynch also said that the reason for Tusla being the paymaster was for administrative convenience. Is Dr. Lynch telling me that administrative convenience trumped best practice?

Public Accounts Committee: Report of the Accounts of the Public Services 2015
Chapter 11 - Guardian Ad Litem Service
(19 Jan 2017)

David Cullinane: Dr. Lynch has said the practice in place was not best practice or ideal. On the other hand, he offers up the excuse that the reason for this was because it is administratively convenient. It is reasonable for us to deduce that convenience came first. Dr. Lynch said, in response to an Teachta Madigan, that this happened because of a restructuring of different agencies and the Department....

Public Accounts Committee: Report of the Accounts of the Public Services 2015
Chapter 11 - Guardian Ad Litem Service
(19 Jan 2017)

David Cullinane: I am just trying to establish the position because we want to learn lessons from mistakes. I welcome the response of Dr. Lynch. Mr. McBride referred to the range of payments made to guardians in his response to questions. For 2015, we use figure 11.1. Is that the correct breakdown? We got clarification earlier. Under that figure, professional fees were €8.2 million in 2015. Is...

Public Accounts Committee: Report of the Accounts of the Public Services 2015
Chapter 11 - Guardian Ad Litem Service
(19 Jan 2017)

David Cullinane: Does Dr. Lynch have the breakdown?

Public Accounts Committee: Report of the Accounts of the Public Services 2015
Chapter 11 - Guardian Ad Litem Service
(19 Jan 2017)

David Cullinane: We do not know-----

Public Accounts Committee: Report of the Accounts of the Public Services 2015
Chapter 11 - Guardian Ad Litem Service
(19 Jan 2017)

David Cullinane: Mr. McBride must have some idea. When he says it was greater, clearly he has some notion of what greater meant.

Public Accounts Committee: Report of the Accounts of the Public Services 2015
Chapter 11 - Guardian Ad Litem Service
(19 Jan 2017)

David Cullinane: Why has nobody got those figures? I realise it was a matter for the HSE, but the witnesses are here to respond to questions on the costs of this service and the payments made. We have figures for 2014 and 2015. If Mr. McBride is stating that the figures were significantly higher, then obviously it would be beneficial to me to have the breakdown.

Public Accounts Committee: Report of the Accounts of the Public Services 2015
Chapter 11 - Guardian Ad Litem Service
(19 Jan 2017)

David Cullinane: I am reading from the reasonableness check distributed by Tusla. I have to be very frank and state it is less of a check and more of an accounting exercise. How can Tusla really verify the activity billed, the narrative provided, the time billed for activity and the total cost billed for each invoice? Mr. McBride might talk me through how it works. All Tusla is doing is a desktop...

Public Accounts Committee: Report of the Accounts of the Public Services 2015
Chapter 11 - Guardian Ad Litem Service
(19 Jan 2017)

David Cullinane: I accept this, and it is accepted by the committee that the problem is the lack of regulation and proper financial controls that were in place. It is not a fault of Mr. McBride, or a criticism of him, but it is almost impossible for Tusla to be able to carry out any reasonableness checks because by its own admission it does not have the authority to do so. While I accept it tried its best...

Public Accounts Committee: Report of the Accounts of the Public Services 2015
Chapter 11 - Guardian Ad Litem Service
(19 Jan 2017)

David Cullinane: They incur legal costs so they employ barristers and solicitors.

Public Accounts Committee: Report of the Accounts of the Public Services 2015
Chapter 11 - Guardian Ad Litem Service
(19 Jan 2017)

David Cullinane: Is there a breakdown of the number of people who benefited from the €5.9 million in 2015?

Public Accounts Committee: Report of the Accounts of the Public Services 2015
Chapter 11 - Guardian Ad Litem Service
(19 Jan 2017)

David Cullinane: The number of firms and the range.

Public Accounts Committee: Report of the Accounts of the Public Services 2015
Chapter 11 - Guardian Ad Litem Service
(19 Jan 2017)

David Cullinane: There were three firms and practices which received between €400,000 and €600,000.

Public Accounts Committee: Report of the Accounts of the Public Services 2015
Chapter 11 - Guardian Ad Litem Service
(19 Jan 2017)

David Cullinane: It is a lot of money for firms. Is the number of guardians ad litem60?

Public Accounts Committee: Report of the Accounts of the Public Services 2015
Chapter 11 - Guardian Ad Litem Service
(19 Jan 2017)

David Cullinane: They shared an average of €126,000. As we have seen, the range is very high. Why only 60? I am also looking at the report of the Comptroller and Auditor General, which states Ireland does not compare favourably with the UK and has the lowest numbers of guardians ad litemper 10,000 children at 0.54. Is it a closed shop? It is extraordinary that it is so small in number, given the...

Public Accounts Committee: Report of the Accounts of the Public Services 2015
Chapter 11 - Guardian Ad Litem Service
(19 Jan 2017)

David Cullinane: It is very difficult for us because we are trying to understand why no oversight and proper mechanisms were in place, but if we ask critical questions the Secretary General will state the Department is in the process of making changes. Obviously we welcome these changes, but it is very difficult to accept anything other than an absolute failure on behalf of the Department to ensure there...

Public Accounts Committee: Report of the Accounts of the Public Services 2015
Chapter 11 - Guardian Ad Litem Service
(19 Jan 2017)

David Cullinane: I thank Dr. Lynch for his response. We cannot stray into policy. It is not our role to stray into what possible future changes will be made. It is a matter for the Department and the Minister. Dr. Lynch offered some possibilities of change, with regard to making this a more professional and good quality service. I fully support this. This is a vital step forward in children's rights and...

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