Dáil Éireann Debate, Thursday - 19 December 2013
4. Deputy Timmy Dooley asked the Minister for Transport, Tourism and Sport in view of the critical comments of Mr. Justice Michael Peart towards the Irish Sports Council during the proceedings in court action taken against the Sports Council by a board director, the action he intends to take regarding the issues raised; and if he will make a statement on the matter. [54706/13]
View answerAs the Minister is aware, this issue arose from a recent court case taken by a board member of the Irish Sports Council. In light of the comments by the judge, I would welcome hearing the Minister's views and learning what action he intends to take as a result.
Following the High Court judgment of Mr. Justice Michael Peart on 6 August 2013, I received requests from the FAI, IRFU, GAA and Special Olympics Ireland to conduct an investigation into allegations made against certain members of the Irish Sports Council, ISC. Subsequently, I was informed by the chairman of the Irish Sports Council that the national governing bodies, NGBs, were now satisfied there had been no interference or undue influence in the allocation of grants to NGBs. Nonetheless, I asked Mr. Paul Turpin, a governance specialist with the Institute of Public Administration, to carry out an investigation. His terms of reference were, first, to examine the Irish Sports Council’s procedures with regard to conflicts of interests on the part of members of the council and to assess whether these meet the requirements of good corporate governance and, second, to make such recommendations regarding improved corporate governance in the Irish Sports Council as may arise from the examination.
Recently, I received Mr. Turpin's report and having considered it, I have referred it to the chairman and chief executive of the Sports Council in order that their observations can be taken into account before I finalise my views on what actions need to be taken on foot of the report. Most of the recommendations are addressed to them, rather than to me or the Department. I intend to publish the report in the new year, as well as my response to its recommendations. I expect the appropriate recommendations to be adopted and implemented by the Sports Council and by its successor organisation, Sport Ireland. The heads of the sport Ireland Bill, which provides for the establishment of Sport Ireland to replace the Irish Sports Council and the National Sports Campus Development Authority, are currently being finalised and will be ready for submission to the Government in January. I will consider if there is a need to incorporate the recommendations into this legislation at that time.
I thank the Minister for his reply. Does he intend to publish this report as soon as the observations of the individuals concerned have been taken into account? Second, did the terms of reference include reviewing the process by which the original investigation, which appears to have been ultra vires, was undertaken? In addition, did the Sports Council seek the Minister's advice or direction before it entered into the process that ultimately was found to be illegal and in breach of the rights of the individual concerned?
On the first part of the supplementary question, the answer is "Yes". I will publish the report once I have to hand the views of the chairman and the chief executive officer. I anticipate so doing in the new year, that is, in January or February. It did not look into the circumstances surrounding the investigation to which the Deputy referred because the court was clear that the Sports Council was acting ultra vires in carrying out such an investigation. As for that investigation itself, I was informed by the chairman of the Irish Sports Council at the time that he intended to carry out such an investigation but neither my advice nor my approval was specifically sought.
I was certainly aware that was planned before it began.
Given the outcome of the court case, does the Minister not believe that questions remain to be answered by the chairman and chief executive who undertook this investigation, I presume at considerable cost to the State? In his response the Minister might be able to let us know what that cost was. Does the Minister intend to address the decisions they took in that regard?
That investigation was never really completed because of the court challenge that arose. The recommendations in the report I had commissioned mostly relate to the Irish Sports Council. Two relate to my Department: one on the issuing of letters when somebody is appointed to the Irish Sports Council very clearly setting out his or her role; and the second relating to the communications between my Department and the Irish Sports Council. Both of those recommendations will be accepted and implemented.
I find it very inappropriate and a conflict of interest for anyone, who works for an NGB or is associated with an NGB, to participate in Irish Sports Council discussions and deliberations regarding the NGB of which he or she is a staff member or to which he or she is connected. That makes common sense to anyone. A person who sits on a board that is debating grant allocations to the body of which he or she is an employee or member, should certainly not receive the papers and so on. All of that is in the report.
We now return to Question No. 3.
