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Public Accounts Committee: Business of Committee (11 Apr 2019)

Seán Fleming: The Deputy did ask me that. I am giving it verbally and it will be in writing in the transcript. What would have made matters much simpler last week is if the term, "issues which involved potential criminality", had not been part of your statement. Then the question could have been passed on for an answer in due course. However, because the Deputy's statement included that item, I had...

Public Accounts Committee: Business of Committee (11 Apr 2019)

Seán Fleming: Well I think it is clear.

Public Accounts Committee: Business of Committee (11 Apr 2019)

Seán Fleming: No.

Public Accounts Committee: Business of Committee (11 Apr 2019)

Seán Fleming: As Chairman, I can categorically state that I have received no legal advice from anyone in this building on how to conduct this meeting.

Public Accounts Committee: Business of Committee (11 Apr 2019)

Seán Fleming: That is a matter for the Committee on Procedure of the Dáil to assess and to then notify committees on how to conduct their business. That has not happened. The matter has not been finalised in the Supreme Court, and I am not going there. I stress that because some of the matters indicated removal of State assets of a criminal nature and it is clear that the people referred to by the...

Public Accounts Committee: Business of Committee (11 Apr 2019)

Seán Fleming: The Deputy gets my point. The people to whom he referred look at being identified.

Public Accounts Committee: Business of Committee (11 Apr 2019)

Seán Fleming: No, the Deputy did not.

Public Accounts Committee: Business of Committee (11 Apr 2019)

Seán Fleming: Yes.

Public Accounts Committee: Business of Committee (11 Apr 2019)

Seán Fleming: No. We will conclude on this. I want to reiterate the point because it can be significant. I am clear that the Deputy identified nobody here and I am satisfied that the remarks he made here could not have led to anyone being identifiable. However, I am quite sure that it is reasonable to say that because of what he put on the record, those people could be identifiable within the Prison...

Public Accounts Committee: Business of Committee (11 Apr 2019)

Seán Fleming: That is what I am saying now. The conversation the Deputy and I are having now is a follow-up to the quick summary decision I had to make in the middle of the meeting. Having considered the matter, there are aspects-----

Public Accounts Committee: Business of Committee (11 Apr 2019)

Seán Fleming: I have given the Deputy the full response.

Public Accounts Committee: Business of Committee (11 Apr 2019)

Seán Fleming: If the Committee on Procedure has a view on how meetings are chaired and wants to look at-----

Public Accounts Committee: Business of Committee (11 Apr 2019)

Seán Fleming: I am broadening the issue, not being personal.

Public Accounts Committee: Business of Committee (11 Apr 2019)

Seán Fleming: That is where the Deputy has an advantage over me. I have never received any legal advice from anyone on this matter. The Deputy got legal advice.

Public Accounts Committee: Business of Committee (11 Apr 2019)

Seán Fleming: It is as Chair on behalf of the committee.

Public Accounts Committee: Business of Committee (11 Apr 2019)

Seán Fleming: To respond finally, when I said "the committee", I meant myself as Chairman on behalf of the committee. I clarify that it was never my intention that the other members had to vet individuals. As Chairman, however, I have often told Accounting Officers not to answer a particular question. I have said it before and may have to say it again. I made that decision on the day based on what I...

Public Accounts Committee: Business of Committee (11 Apr 2019)

Seán Fleming: In the course of the meeting, I acted in my capacity as Chairman without reference to any legal advice from anyone. I have stated that I received some procedural advice from the secretariat, which is probably what it is paid to do, but I had already arrived at the same conclusion before I received that. I am closing the discussion on the topic.

Public Accounts Committee: Business of Committee (11 Apr 2019)

Seán Fleming: Correct.

Public Accounts Committee: Business of Committee (11 Apr 2019)

Seán Fleming: The High Court.

Public Accounts Committee: Business of Committee (11 Apr 2019)

Seán Fleming: We will wait for the outcome at the Supreme Court, even though it was not the Committee of Public Accounts that was involved. The courts instructed that the case be taken against the Oireachtas rather than the individual committee. I stand open to correction.

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