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Public Accounts Committee: Business of Committee (14 Dec 2016)

Seán Fleming: So when will Mr. McCarthy be dealing with September 2015?

Public Accounts Committee: Business of Committee (14 Dec 2016)

Seán Fleming: Even at that there will still be a long wait.

Public Accounts Committee: Business of Committee (14 Dec 2016)

Seán Fleming: For now, we will write to the Minister who is responsible and the new chairman of the board and we will ask both of them for a response and we will see what happens with the audit in due course. We have the option of going further depending on how things evolve. The National Haemophilia Council got a clear audit report. The next item is Transport Infrastructure Ireland, which also got a...

Public Accounts Committee: Business of Committee (14 Dec 2016)

Seán Fleming: Yes. We will add that. We will contact the relevant organisations to see which of them we can fit into the aforementioned dates. I think we should start with a few normal business meetings next year. Then we will agree a work plan for the following few months. If members want something in particular included in that work programme, they should say so now and we will note it or else they...

Public Accounts Committee: Business of Committee (14 Dec 2016)

Seán Fleming: You tell me. The Dáil is not sitting so-----

Public Accounts Committee: Business of Committee (14 Dec 2016)

Seán Fleming: Maybe we could hold a morning meeting, or will that pose difficulties for the Deputy? At 11 a.m. perhaps?

Public Accounts Committee: Business of Committee (14 Dec 2016)

Seán Fleming: Okay, we will schedule it for 11 a.m. We will only be discussing a draft report and people will have received it in advance. Sorry, my apologies, it is not a draft report but a working paper prepared by the officials. If members could look at that before the meeting and prepare their observations on it, we can move quite quickly. If members only open it up when we arrive, however, we will...

Public Accounts Committee: Policy on the Retention of Contemporaneous Notes in the Preparation of Board Minutes: National Asset Management Agency (14 Dec 2016)

Seán Fleming: We are now in public session to deal with No. 7 on our agenda, NAMA's policy regarding the retention of contemporaneous notes in relation to the preparation of board minutes. In the course of the committee's examination of the Comptroller and Auditor General's report on NAMA's sale of Project Eagle, the committee had sought a considerable amount of information from NAMA. We are very...

Public Accounts Committee: Policy on the Retention of Contemporaneous Notes in the Preparation of Board Minutes: National Asset Management Agency (14 Dec 2016)

Seán Fleming: I thank the chairman. The following speakers have indicated a wish to speak: Deputies Madigan, Cullinane and Connolly. I ask them to be brief as they only have a few minutes each.

Public Accounts Committee: Policy on the Retention of Contemporaneous Notes in the Preparation of Board Minutes: National Asset Management Agency (14 Dec 2016)

Seán Fleming: I ask the Deputy to move on as we have only one hour.

Public Accounts Committee: Policy on the Retention of Contemporaneous Notes in the Preparation of Board Minutes: National Asset Management Agency (14 Dec 2016)

Seán Fleming: I call Deputy Cullinane and I remind members that these are five minute slots.

Public Accounts Committee: Policy on the Retention of Contemporaneous Notes in the Preparation of Board Minutes: National Asset Management Agency (14 Dec 2016)

Seán Fleming: I have two questions. It was a surprise to most of us to discover that these notes had not been kept. We had seen other detailed contemporaneous notes of lower level or business meetings. I would understand this in a private company, which does not need to keep as many official records and can do what it likes, but I presumed that State bodies had to keep notes of significant board...

Public Accounts Committee: Policy on the Retention of Contemporaneous Notes in the Preparation of Board Minutes: National Asset Management Agency (14 Dec 2016)

Seán Fleming: NAMA constantly raised the issue of the board's discussions, prompting us to follow the witnesses' line of response.

Public Accounts Committee: Policy on the Retention of Contemporaneous Notes in the Preparation of Board Minutes: National Asset Management Agency (14 Dec 2016)

Seán Fleming: We made a point of inviting all current and former board members and senior staff. The committee will consider whether this is a good policy for State organisations. Maybe it is, but there is a down side. Sometimes, the organisations can be put at a disadvantage. We have asked about two sets of board minutes, including those from December. It would be important that Mr. Daly said that...

Public Accounts Committee: Policy on the Retention of Contemporaneous Notes in the Preparation of Board Minutes: National Asset Management Agency (14 Dec 2016)

Seán Fleming: So we are now into the subtle distinction that the board can agree something, but it is not a decision of the board. So there are many issues agreed at the board meeting that are not decisions of the board meeting.

Public Accounts Committee: Policy on the Retention of Contemporaneous Notes in the Preparation of Board Minutes: National Asset Management Agency (14 Dec 2016)

Seán Fleming: Mr. Daly can see-----

Public Accounts Committee: Policy on the Retention of Contemporaneous Notes in the Preparation of Board Minutes: National Asset Management Agency (14 Dec 2016)

Seán Fleming: Mr. Daly quoted the line: "The Board agreed to consider the matter of price in conjunction with consideration of the above sales process paper". So it was still up for consideration. However, the minutes of the next meeting indicate it had actually been agreed. Mr. Daly understands the completeness and the accuracy.

Public Accounts Committee: Policy on the Retention of Contemporaneous Notes in the Preparation of Board Minutes: National Asset Management Agency (14 Dec 2016)

Seán Fleming: That threw us all along, which is why we asked about those two meetings. They do not fully tally with each other. I get the distinction Mr. Daly is now putting on completeness and accuracy. Finally on the board minutes-----

Public Accounts Committee: Policy on the Retention of Contemporaneous Notes in the Preparation of Board Minutes: National Asset Management Agency (14 Dec 2016)

Seán Fleming: I ask Mr. Daly to say it slowly - between something being agreed and something being decided.

Public Accounts Committee: Policy on the Retention of Contemporaneous Notes in the Preparation of Board Minutes: National Asset Management Agency (14 Dec 2016)

Seán Fleming: Even though they are the official records and we cannot undo those, is Mr. Daly saying that where the board meeting of 8 January 2014 refers to the fact that the £1.3 billion sale price was agreed at the 12 December meeting, that is not an exact, accurate position?

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