For the benefit of the innocent, of whom I am one, my presumption is that the Cabinet meeting was attended by the usual attendants at Cabinet meetings and that a decision was made. All such decisions are subject to advice to the Government. Presumably, advice was given to the Government on the basis of a proposal being put before Cabinet at that time. One of the people who made a presentation in respect of that Cabinet meeting had prior information which clearly would create problems for the Attorney General if he was privy to it. I am not asking for confirmation of that; I am volunteering that information. I will return to that.
We received a series of fax messages yesterday, signed by Donagh Morgan, from Sports Campus Ireland. The fax refers to legal advice sought in response to animated discussions which took place in October 2000 and on 4 and 5 April 2000. These are referred to further in the report prepared by the Office of Public Works. The letter dated 31 October refers to Executive Services, Government contracts committee. It says:
Dear Donagh,
I refer to the above matter and to previous discussions.
You have asked for my opinion as to whether or not the approval of the Government Contracts Committee ("GCC") is required in relation to the appointment of Magahy & Company Limited for the provision of Executive Services to Campus & Stadium Ireland Development Limited ("CSID").
He continues: "In my opinion, the consent of the GCC is not required..". He then sets out the reasons for this view. He goes on to qualify various aspects of it and goes on to conclude that the daily fee to be agreed in advance should be determined by reference to a schedule of fees included as an appendix to the administrative budget, etc. "Having regard to the nature of the executive services being obtained, it is not considered appropriate to set daily fees". He goes on to qualify that and I intend to refer to this again.
Here is a Government sponsored project which has obviously generated an amount of discussion between the legal advisers to Sports Campus Ireland and the board or the executive. It would appear to me that a simple way to find out what was required was to simply ask the Government's legal adviser. After all, the senior Department is sponsoring this proposal yet there is a series of legal documents, transmitted back and forth, just to clarify that it was possible to proceed in a particular fashion. Why was it necessary to seek such clarification to proceed when, quite simply, it was a matter of ringing up the Attorney General and asking him if this was or was not the way to proceed? After all, the Government was the sponsoring body and it was the body most likely to be affected. Why was that not done?