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Public Accounts Committee: Business of Committee (28 Mar 2019)

Seán Fleming: I have seen such cases reported numerous times during the years in which a garda was injured in an assault and something was paid into the fund.

Public Accounts Committee: Business of Committee (28 Mar 2019)

Seán Fleming: There is possibly a category that is not captured by the legislation. I am referring to money that does not go into the poor box and is meant to be paid directly to a victim or an organisation. As we want to know how such instances will be captured under the legislation, we will write back to the Department on the matter. All I can say is that we are keeping on top of it. We will ask the...

Public Accounts Committee: Business of Committee (28 Mar 2019)

Seán Fleming: Is there a third item of correspondence?

Public Accounts Committee: Business of Committee (28 Mar 2019)

Seán Fleming: No. 2074 was received from Professor Donnelly about a memorandum sent by a researcher to the then vice president. It is mentioned in the report of the Comptroller and Auditor General. There is also a note on the institute's concerns about the list of FeedHenry shareholders that we published on receipt of the information from the institute. Professor Donnelly requests that we remove the...

Public Accounts Committee: Business of Committee (28 Mar 2019)

Seán Fleming: We have the correspondence from the president. Is the chairperson of the board a different person?

Public Accounts Committee: Business of Committee (28 Mar 2019)

Seán Fleming: The letter from Mr. Beausang in the Department is saying that the chair of the governing body has acknowledged receipt of the correspondence and the Department has advised the governing body that once the response is received from it following the next meeting, the Department will consider it then. Will it come back through the Department?

Public Accounts Committee: Business of Committee (28 Mar 2019)

Seán Fleming: If we got it, what would this memo help us to conclude if we had sight of it or even of a redacted version of it? The Deputy knows more about it than we do so I am asking for his help on this matter.

Public Accounts Committee: Business of Committee (28 Mar 2019)

Seán Fleming: The Comptroller and Auditor General got that memo and had sight of that.

Public Accounts Committee: Business of Committee (28 Mar 2019)

Seán Fleming: I know it is not appropriate for the Comptroller and Auditor General to release it. We are not even going there but the Comptroller and Auditor General got it. Could they have cited similar legal reasons not to give it to you? I do not know but they did not do so anyway because you got the report.

Public Accounts Committee: Business of Committee (28 Mar 2019)

Seán Fleming: The Comptroller and Auditor General says the office received legal challenges to the release of the memo.

Public Accounts Committee: Business of Committee (28 Mar 2019)

Seán Fleming: Yes, they can say that. If the documents jeopardise-----

Public Accounts Committee: Business of Committee (28 Mar 2019)

Seán Fleming: Yes.

Public Accounts Committee: Business of Committee (28 Mar 2019)

Seán Fleming: I am a layman but we can double check. It may be possible for the legal team to give us a synopsis of the memo, if not the memo itself, redacted or otherwise. If somebody could give us the key facts of the memo we could be satisfied that we had its content. There has to be a halfway house for this. I accept that some people do not want to be named and the college has to protect itself if...

Public Accounts Committee: Business of Committee (28 Mar 2019)

Seán Fleming: I know that.

Public Accounts Committee: Business of Committee (28 Mar 2019)

Seán Fleming: It is not acceptable for the HEA to commence a process without having the authority to do so. It seems it was not sure of its legal powers before it started and went a long way down the road, with everybody co-operating. It exposed its own position and, at almost the final stage, somebody challenged its authority to commission the report and it is now an issue. It is dreadful for the staff...

Public Accounts Committee: Business of Committee (28 Mar 2019)

Seán Fleming: Yes.

Public Accounts Committee: Business of Committee (28 Mar 2019)

Seán Fleming: We can talk further during the week. Maybe the parliamentary legal adviser could give us some guidance, even if we cannot have the formal report.

Public Accounts Committee: Business of Committee (28 Mar 2019)

Seán Fleming: That is where we make recommendations in our reports.

Public Accounts Committee: Business of Committee (28 Mar 2019)

Seán Fleming: All we can do is issue a recommendation on what we found to be wrong with the process and what needs to be corrected. We have held off from completing our work because of the other things that have not yet been completed. Maybe we will have to proceed on the basis of what we have found and issue a conclusion, sooner rather than later, notwithstanding the fact that issues might be ongoing.

Public Accounts Committee: Business of Committee (28 Mar 2019)

Seán Fleming: Will we write to the Department on that basis?

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