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Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

John McGuinness: We are talking about commercial situations where property is leased by the State. The best thing we can do is get the examples. Some of them will be specific examples. We will send them to Ms Creedon because they are of concern to me, as a member of this committee? Rather than dance around the general issue, we should get specific examples and give them to the Chief State Solicitor's...

Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

John McGuinness: The HSE does its own thing. Is that correct? The HSE does not do it very well.

Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

John McGuinness: My understanding, Mr. Donoghue, is that the Director of Public Prosecutions will give that reply.

Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

John McGuinness: Is that since 2008?

Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

John McGuinness: I will follow on from what Deputy Costello has said. I am aware of a case that has been raised in this House. I am not going to mention it, although there has been plenty of public comment on same. A young man was killed and the family of that young man wrote to the Office of the Director of Public Prosecutions asking for explanations. The complaint was not just that the family were...

Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

John McGuinness: In this particular case, one of the questions that was asked was why the State had a junior counsel on the case while the other side was provided with legal services from the State-----

Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

John McGuinness: -----free legal aid and had a senior counsel, a junior counsel and a solicitor. I am working from memory. There were other issues regarding that case involving information in the Office of the Director of Public Prosecutions and so on. The family were less than satisfied and they continue to campaign on the basis that the decision has not been explained to them. I have raised the matter...

Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

John McGuinness: I am not asking the deputy director to comment.

Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

John McGuinness: I am going to ask the lady concerned to set out everything one more time. I will possibly send the deputy director the file that I have, and he might reply to her, just to see how far that reply extends and as a test case.

Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

John McGuinness: I have not asked the Deputy Director to do that here.

Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

John McGuinness: I will ask him.

Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

John McGuinness: The deputy director said the Office of the Director of Public Prosecutions had drafted information booklets in plain English. I ask him to make these available to the members.

Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

John McGuinness: Before leaving the issue and on the same lines, the Director of Public Prosecutions brings cases for Departments. We have had a number of individuals in here who have been taken to court by Departments and pursued over a long period only for the case to be dropped. In some cases, we have been told that the individual business was damaged or ruined by the long process before the case was...

Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

John McGuinness: No, the people are victims because the State accused them of something, pulling them through court appearances, with some of them being a significant number of court appearances, only for the proceedings by the Director of Public Prosecutions not to go ahead.

Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

John McGuinness: I wish to ask a question that I put to officials from the Department of Justice and Equality last week relating to a note I received. I want to establish the cost of this type of thing and how often it happens. This was from an individual who had been summonsed as a prosecution witness in a multiple larceny and drugs case that required a special sitting of the Circuit Court. Present was a...

Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

John McGuinness: That type of thing would be unusual?

Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

John McGuinness: It would not want to happen too often. I imagine there are fairly serious costs associated with having all those individuals there. I do not know where this question falls. If someone wins a case and is awarded a considerable amount of money - in the millions of euro - and that money is paid by the insurance company and held by the President of the High Court, it is not ward of court.

Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

John McGuinness: A child was involved in an accident. The child is now 18. I am interested because €5 million was awarded in that case back in 2012. The sum is being held by the President of the High Court. The individual concerned, the child, and the parents have not received the benefit of that award. The €5 million is held without having been invested. It cost the parents €6,000...

Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

John McGuinness: I am just asking because the parents do not want to go into this ward of court scenario; they are suggesting a trust. It is for the benefit of the child and presumably the parents are looking after the child. Who is in charge there? Is it the president of the High Court?

Public Accounts Committee: 2014 Annual Report of the Comptroller and Auditor General
Vote 3: Office of the Attorney General
Vote 5: Office of the Director of Public Prosecutions
Vote 6: Office of the Chief State Solicitor
(12 Nov 2015)

John McGuinness: If Mr. O'Daly could make the process easier, it might help me understand the issues here. It is odd to say the least. I would like to be reassured on it and maybe get the facts beyond that.

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