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Joint Committee on Finance, Public Expenditure and Reform, and Taoiseach díospóireacht -
Thursday, 22 Jun 2023

Public Sector Secondment: Minister for Health

Today we are joined by the Minister for Health, Deputy Stephen Donnelly, and his officials from the Department of Health to discuss the public sector secondment issue.

Witnesses who are physically present or who give evidence from within the parliamentary precincts are protected pursuant to the constitutional statute by absolute privilege. They are reminded of the long-standing parliamentary practice that they should not criticise or make charges against any person or entity by name or in such a way as to make him, her or it identifiable or otherwise engage in speech that might be regarded as damaging to the good name of the person or entity. Therefore, if their statements are potentially defamatory in respect of an identifiable person or entity, they will be directed to discontinue their remarks. It is imperative they comply with any such direction. Members are reminded of the long-standing parliamentary practice to the effect they should not comment on, criticise nor make charges against a person outside the House or an official by name or in such a way as to make him or her identifiable. I remind members attending remotely of the constitutional requirements that members must be physically present within the confines of the place that parliament has chosen to sit, namely, Leinster House, in order to participate fully in public meetings.

I invite the Minister for Health, Deputy Donnelly, to give his opening statement.

I thank the Chair and the members of the committee. I am joined today by Mr. Derek Tierney, assistant secretary, head of infrastructure in the Department of Health, and by his colleague in infrastructure, Ms Andrea Heron. I am also joined by Mr. John Wright, principal in the Department for IT and corporate services, and by Mr. Ken Mooney, principal in the Department for strategic HR.

I thank the Joint Committee on Finance, Public Expenditure and Reform, and Taoiseach for its invitation to me to meet with it to discuss this topic. I express my gratitude to Ms Maura Quinn, who agreed to undertake this work, and did so on a pro bono basis. The aim of Ms Quinn’s work was to "determine learnings from the process related to the proposed secondment of the Chief Medical Officer and associated research proposal". Ms Quinn was also asked to make recommendations that could inform future such initiatives. As I have said on previous occasions and, as the report makes clear, the proposed secondment “would have served both the Government and the Department of Health’s interest in, and focus on, public health collaboration” and leadership. It is clear to me that all of those who became involved in this process did so in good faith. They did so with the intention of retaining for the public service the unique and valuable expertise of the former Chief Medical Officer, Dr. Tony Holohan, who served the State so well through the pandemic.

Ms Quinn concluded that the proposed secondment "required a longer lead time to ensure that all the various elements had been considered, discussed and prepared for and to ensure that there was proper stakeholder consultation and communication throughout the process".

I agree with that. She also noted that the Department of Health had come through an extremely difficult two years, given that we had been managing a pandemic. Ms. Quinn said it was clear that all staff were under enormous pressure. This was coupled with an extremely demanding workload. As Minister, I have seen the huge demands on and the very heavy workload of my senior officials and, indeed, of officials right across the Department. Nonetheless, and as Ms Quinn pointed out, "rather than trying to progress this proposed secondment in an extremely tight timeline, it required detailed consideration, review and discussion."

Notwithstanding the intense pressure the officials involved were under and their concerns about confidentiality, as I have said previously, it is a matter of regret that I was not informed at an earlier stage of the details of the proposed secondment. While it was clearly intended by all parties involved that the rigour of the Health Research Board, HRB, be brought to any such funding, the fact that consultation had not happened at this point in the process led to confusion in public commentary and the perception, at least, that this was not the intention. I accept that no attempt was made to conceal the nature of the agreement with Trinity College Dublin in respect of the proposed secondment. Indeed, those details were put into the public domain after this information was provided by the Department of Health, as the report makes clear.

As I said when the report was published, I have written to the Minister for Public Expenditure, National Development Plan Delivery and Reform to see whether there is a need to bring further clarity to the guidelines for secondments between the civil and public service. This report draws a line under this episode at a time when we have been engaged in an unprecedented expansion, reform of, and investment in, our health services. It also led to the loss of the former CMO to the public service. As I have stated previously, this is something that I regret greatly and, indeed, is deeply regretted by all who care for our public health service. We will learn the lessons set out in this report and implement the recommendations. I am very happy to answer any questions that the Chair and committee may have.

Gabhaim buíochas leis an Aire agus cuirim fáilte roimhe. What we are here to discuss is the remarkable turn of events in terms of the secondment process. So many elements of this secondment process were outliers in terms of best practice, accountability and adherence to procedures, protocols, etc. The background of this was the perception, at least amongst the public, of a culture of insiders when it came to the employment and recruitment of people for significant Government jobs. The Katherine Zappone affair also occurred around this time. What happened was incredible, and all the questions that exist in relation to the Minister's relationship with Robert Watt at the time, and now, are still very unusual.

I have a few questions for the Minister. The Secretary General was involved in discussions regarding a secondment from August 2021, and only told the Minister on 3 March 2022. That is a period of seven months of this significant issue being in play in terms of the work of the Secretary General. The Minister had seven months of meetings, briefings, coffees, lunches and even small talk with the Secretary General, yet this issue around the most high profile civil servant in the country in generations did not come up. How can the Minister expect people to believe that that did not come up in conversation?

All I can tell the Deputy is that it did not. The report lays out the timeline. The Deputy's question is a very fair one. In trying to answer it, I should say that it is difficult to convey the volume of issues that are dealt with in the Department of Health. I was in opposition as Fianna Fáil's health spokesperson. I thought that gave me a reasonable understanding of the volume of material that the Department and the Minister for Health deal with. It really did not.

Does the Minister not think it was important enough to make him aware of it?

As I have stated previously, including in my opening statement, and as the Secretary General has stated previously, it is a matter of regret that I was not made aware of it.

Does the Minister think Robert Watt's judgment was impaired in not telling him? Does he have any questions at all over the judgment of Robert Watt in not telling him?

The Secretary General has accepted himself - I think he did so at committee here - that as Minister, I should have been told earlier. Certainly, from day one he has accepted that as Minister, I should have been told earlier.

So there is a question mark over his judgment in not telling the Minister. The Minister accepts that.

If the Deputy does not mind me parsing that slightly, I think if any of us do something, after the fact we may say that with the benefit of hindsight it is regrettable that we did not do it differently. I do not know about the Deputy, but that issue arises with me and with most of us quite regularly.

The issue is that we had the Secretary General in here previously . Even with the benefit of hindsight, he disagreed with a significant amount of the conclusions and analysis in the report. Even with the benefit of hindsight, his judgment is still contrary to the Minister's analysis of what happened.

To the specific question that the Deputy is asking around whether I regret not being told earlier, I do. Should I have been told earlier? I should. Has the Secretary General fully accepted that? He has.

Is the Minister worried that the Secretary General may be withholding information from him on other issues?

No, I am not. I know I said it previously, but there is a volume of issues that we deal with in the Department of Health which means that at a senior level within the Department - and it is not just between me and the Secretary General; it is across the management board and senior team - we rely on and trust people to manage enormous pieces of work with huge responsibilities. I have to say, no organisation is perfect. The Department of Health is not perfect, but I am of the view that the senior management team within the Department is a well-performing team.

Does the Minister agree with the report that the secondment bypassed all acceptable protocols?

Is the Deputy talking-----

The report states very clearly, on page 22, that the process "by-passed all of the accepted protocols for research funding and was linked atypically to one named individual." Does the Minister agree with that conclusion?

I just wanted to clarify it is specifically to do with the research funding. Can I state, right at the outset, that I accept the report in full.

I accept the report in full.

The Secretary General refused to accept that point.

I am sorry to cut across the Deputy. I accept the report in full. Specific to the protocols, there were layers of process still to be gone through. Certainly, by the time the proposed secondment was stopped, there were significant parts of the process that had yet to be gone through, such as discussions with the HRB, discussions with me, as Minister, and the Estimates process.

The report clearly states in black in white that the protocols were bypassed. The Secretary General does not agree with that. He actually challenged that point. Does the Minister think his judgment is incorrect in that regard?

I do not think it would be appropriate for me to give my views in a place like this in terms of the judgment of anyone within the Department. Ultimately, they all report into me. Any conversations like that I would have directly with civil servants within the Department. What I can say is there were important safeguards or protocols that had yet to be gone through. That is absolutely correct.

This is important because there is a situation here whereby the report very clearly states that accepted protocols were bypassed.

It further states that funding mechanisms breached all acceptable norms in scrutiny, transparency and accountability. Even prior to this report and prior to the publicity that happened, there was a massive divergence in the role that the Secretary General should have taken in indicating the information to the Minister. Since the report has been written, there has been a black and white binary divergence that cannot be papered over and cannot be bridged between the Minister's analysis of this report and the Secretary General's stated analysis of this report in this very room. There is a fissure, a fracture, between the highest paid and most powerful public servant in the Department of Health and the Minister. I believe it goes to the heart of the perennial question of who is actually in charge. That is a serious question because, unfortunately, many Ministers are passengers on their buses. When we allow this dissonance to happen between the most highly paid public servant in the Department of Health and the Minister, it underlines the question of who is in charge.

Obviously, Robert Watt has disagreed with the report but he has also disagreed with Deirdre Gillane. He seems to be at odds, etc. We have been told that a line has been drawn under it. We have dissonance and we have no accountability. Normally when somebody does something wrong within a Department, we need some level of accountability. Accountability is important because it is the only way to change behaviour. Without accountability, behaviour remains exactly the same. In this country, reports upon reports are written and they get dusty on shelves. We hear from Governments that there will be learnings. If we were in a drinking game based on the word "learnings", all of us would be in big trouble at the moment. What we really want is not just learnings; we want actual accountability on this. Will there be any accountability for the Secretary General in respect of his actions prior to this report being written and the dissonance that continues to exist between the Minister and him on the conclusions of the report?

I thank the Deputy for the questions. With his indulgence I might take a bit of time to answer these questions because they go to the core of some of the concerns I have heard raised. The first question is: who is in charge? I have seen this written about by many people. I am not sure how many of them have worked in the Department of Health. I have seen this question raised. I would say this, would I not? There is no question within the Department of Health as to where the direction of travel on policy and the initiatives we are undertaking are coming from. They are coming from Government and from me as Minister for Health, as the member of Government in the Department of Health. There is no question about that. There is plenty of evidence to that effect. I will not sit here and say just trust me on this.

Let us consider the course the Department has taken from the end of June 2020 when I was appointed. There has been a fundamental shift, involving a reorientation of the role of the State and the deployment of the resources of the State across the board. We now have strategic workforce planning, strategic infrastructure and strategic beds. We are mobilising all our resources around universal healthcare. The Deputy will have seen it; we have all debated this at length before. Enormous progress is being made on cost per patient. That is the first test of universal healthcare. Enormous progress is being made in services, including women's healthcare and other services. All of that has come from me as Minister for Health. Enormous progress is being made on waiting lists, emergency department trolleys and so forth.

We are doing that through a very basic strategy; there is obviously lots of complexity to it. There is an unprecedented level of investment, coupled with unprecedented level of reform. I will finish on this point, which is relevant. The Deputy very fairly raised the question and I have seen much written on it. Let us consider what the Department of Health and the HSE have been doing for the past three years. They are doing exactly what Government and I, as Minister for Health, have set as the task ahead in achieving universal healthcare in this country. Anything else is a kind of soap opera involving he said, she said. Ultimately who is in charge, the people who set the direction and say this is what we will do with the resources of the State? Robert Watt, as my Secretary General, is tasked with leading the Department on that. I believe that he has done and continues to do a good job.

The Deputy's second question was about accountability. I have two things to say on this. First, I respectfully suggest to the committee and to the Deputy that there has been accountability. He is perfectly free to disagree but let me just give my view of this. This was for a proposed secondment that never happened and that everyone believed was a good idea. Mistakes were made; those mistakes have been accepted. There was an initial report done by my Secretary General at my request. On the back of that an independent Government report was commissioned, which has been the subject of discussion at this committee. I believe Robert Watt has appeared at four or five public hearings about this one secondment issue. I would respectfully argue that this is quite a significant level of transparency and accountability.

That brings me to the second part of the Deputy's question, which is really important. I know that I am replying at length here and I apologise. However, if I may, I will just make the following point: one of the biggest problems we have in healthcare is that it takes too long to get anything done. Deputy Durkan and I have regular exchanges on this at the health committee. We would probably all agree with this. In terms of rolling out new strategies, legislation, authorising new medicines, building new hospitals, adding new beds, we take far too long to do things in healthcare in this country and ultimately the patient suffers. One of the reasons we take so long to do things is the civil and public servants involved are genuinely worried about making mistakes and then being dragged through a public arena and having their reputations attacked and so forth. It is a natural human reaction to say: "If I don't make the decision and let the Minister or Government make the decision, if I just pass responsibility up the chain all the time, then I will be okay. Nothing might happen on behalf of the patients, but I will be okay." That is not acceptable to me and I do not imagine it is acceptable to any of us at this committee meeting.

I will finish on this and I thank the Deputy for his indulgence. We have a decision to make. We can either accept that the public servants and civil servants will shy away from making decisions meaning everything will take too long and patients will suffer or we can ask them to make decisions. If we ask them to make decisions, while we must have transparency and accountability, we must also have an environment whereby we accept that people will make mistakes if we are asking them to make decision after decision. I thank the Deputy for letting me lay that out.

At the start of the Minister's presentation in the last section, he mentioned how busy they were with so much going on and so much debate going on. This particular secondment was no small thing. It is important to say that in flashing neon lights. This country has been hammered in previous generations because of an inner circle of people who benefited from the largesse of the State. Most people would reasonably agree that if they had the qualifications for a certain job, it should be open for them to apply for a State job and then the best person who would get that job. That would be a reasonable assumption by citizens living in this Republic. The salary was €30,000 higher for this than for any other full-time professor in Trinity College at the time. We are talking about ongoing ten-year periods of time where a CMO was to be seconded but never going back to the CMO job. It was a job that was created for an individual. No matter how good the individual was, that is what it was. Under any fair objective evaluation, this was a botched secondment.

The Minister mentioned accountability. I think there was an earlier Freudian slip because he threw in the word “transparency”. All these committees do is provide transparency. Asking questions and providing is transparency. However, accountability has two important ingredients. It must have acceptance of wrongdoing and it must have a cost. If it does not have acceptance of a wrongdoing and a cost, it is not accountability. One of the reasons this country is cursed in terms of the administrative mistakes we make over and over again – I can think of the children’s hospital – is because there is no accountability over and over again. That repeated lack of accountability makes citizens’ heads explode outside of the walls of Leinster House. I might finish on this and then pass it over. Who will implement the recommendations of this report?

After the report's completion, I wrote to the Minister, Deputy Donohoe. His officials are looking at the recommendations in detail. I imagine whatever is agreed will then apply to the entire Civil Service. This was obviously a secondment between the Civil Service and the public service. I am working on the assumption that all Departments will then implement whatever changes.

So the Secretary General of the Minister’s Department will implement the recommendations that he disagrees with.

Okay. If we take the whole timeline, we had a Secretary General who for six months did not think to tell the Minister – withheld the information – that we have a botched secondment situation. The Secretary General was then asked to initially investigate his own actions. Finally, there was a report to be written independently, with which he disagrees, and now he will be the person charged with implementing that. In any chain of good administration, there would be mistakes all over that. Anybody involved in good administration would not ask the person responsible for the wrongdoing to investigate him or herself and certainly would not ask the person involved who disagrees with the recommendations to implement them. Would the Minister agree that is not good administration?

The Deputy’s first point was on the person who was involved reporting back. Remember, that was just a report that we asked for over the weekend to establish the facts. As the Deputy will be aware, I then commissioned a full independent report to exactly his point.

To the Deputy’s second question, civil servants implement Government policy that they do not agree with every day. I can assure him that there are plenty of civil servants in the Department of Health who will not agree with everything that I and the Government have set down as policy. However, ultimately, that does not matter. Civil servants will challenge and provide analysis. They will-----

Publicly? Can the Minister give me a single example of any civil servant who publicly disagrees with the policy he or she is asked to implement?

I am speaking to the Deputy’s first question, which was whether I can expect civil servants to implement Government policy they disagree with. My answer is “Yes”. I would go further and say that civil servants in every Department implement policy every day that they may not fully agree with.

But not publicly. They would not disagree with it publicly.

I am asking the Minister to give me an example of a public servant who has publicly disagreed with a policy that they are asked to implement.

The important point here is that the Secretary General and the Department will implement any recommendations agreed by Government. There is no question about that. That is exactly what will happen.

I thank the Minister for coming before the finance committee to discuss this issue. I understand he will also take questions on the national children’s hospital.

Starting with the secondment and to clarify, the report found that the Secretary General, namely, Robert Watt, bypassed all acceptable protocols for research funding in committing €2 million of taxpayers’ funding. Does the Minister accept that?

I accept the report in full.

Does the Minister accept that finding?

I accept that finding and all of the other findings. The protocols that would be gone through at that point had not been gone through. For example, the HRB had not been consulted with; it would be in the future. The Estimates process had not happened. Obviously, by definition, the Estimates process would have been happening later on that year. Before either of those, there would have been a consultation with me. Certainly, at the-----

There is a divergence between the Minister and the Secretary General and that is fine. We have asked people in this committee for their opinion, they gave their opinion and I value that. He is entitled to his opinion on that.

The Minister said he would implement the recommendations of the report in full. Has he determined that all secondments from the Department of Health, the HSE and other agencies under the Minister’s Department are of a determined duration of less than five years? Can he tell the committee that is the case?

I might ask the head of HR to comment after I do. My understanding is the circular referenced is with regard to secondments between Departments within the Civil Service. My understanding is that there is not a circular that applies from the Civil Service to the public sector or back. I think one of the benefits of the report we have is that a circular applying specifically from Civil Service to public service will be developed. I will ask the head of HR to come on that as well.

Mr. Kenneth Mooney

Yes, that is the case. The secondment policy for the Civil Service is outlined in Circular 27/2021. That was issued by the then Department of Public Expenditure and Reform in December 2021 and revised in January 2022. As the Minister mentioned, there is no specific single circular or guiding policy that relates to Civil Service to public service. There is no requirement currently that secondments should be no more than five years in duration.

Within the Department of Health, there are still secondments of more than five years. Is that what Mr. Mooney is telling me?

Mr. Kenneth Mooney

That is correct.

Are they often for an indefinite period, that is, secondments that have no end dates?

Mr. Kenneth Mooney

Currently within the Department, we have 57 individuals seconded into us and nine of our own officers seconded out of the Department to other Departments and to the EU. Typically, those secondments are between three and five years in duration. However, aside from that, there are other examples where we have had secondments that surpassed that. Coming to mind, I can think of five secondments that have been, for example, six years, eight years and currently there is one going on ten years, so it does exist. As I mentioned, there is no policy or guide that suggests that we cannot have secondments greater than five years. Yes, there are secondments currently in excess of five years within the Department.

Is it the proposal that there will be a timeframe for all of these secondments?

I can come in on that, if I may. I wrote to the Minister, Deputy Donohoe, to exactly this effect. I wrote to him on the back of the report to ask that we would have guidance on exactly these kind of secondments from the Civil Service to the public service and vice versa.

Has the Minister reviewed the existing process for approval and sign-off? The Secretary General kept the Minister in the dark and felt that he did not need to tell him about committing €2 million of funding in breach of all the protocols that exist for research funding and aligned that €2 million funding with one individual, which should never happen.

There are various things the Deputy said within his question that I would not agree with. However, to his core question on-----

To be fair to me, and perhaps I articulated it wrongly, with which part in my question does the Minister disagree? Is it that the Secretary General breached all protocols, that he assigned it to one person and that should never have happened or that he allocated €2 million of taxpayers’ money? I am wondering which part of the question-----

I will answer the question and then come straight to that, if I may. The Deputy asked whether procedures are now in place on the back of the proposed secondment and the issues with it. The answer is “No” because that is exactly what we have written to the Department of Public Expenditure, National Development Plan Delivery and Reform to come back to us with because that is its core competence.

To the €2 million in research funding, it is absolutely the case, and perhaps this is what the Deputy is alluding to, that the letter of intent referenced that Dr. Holohan would lead on the research. I fully agree with that. It is worth stating that the €2 million had not been committed to. It could not be committed to because, for example, I had not seen it at that point. I would need to agree with it and I have no doubt I would need to put it through the Estimates process.

Obviously that did not happen. It was signalled but not actually committed to.

This is significant. Now the Minister is disputing the findings of this report. When he disputes that it was committed to, the conclusions in section 5.4 are clear, stating: "The substantial proposed funding commitment of €2 million a year until the retirement of the Chief Medical Officer, by-passed all of the accepted protocols." Is the Minister challenging the report when he told us he accepted all of it? That is what he has just said. He cannot have it both ways.

Not at all. I am not challenging it.

Does the Minister accept that it was committed?

As I said, I accept the report in full. We are implementing all the recommendations of the report. I am just making the additional point that there are further parts to a process that would be required.

A clear distinction has now opened up where the Minister is disputing a finding and conclusion from this report when he said earlier that this funding was not committed. He said that it was promised, not committed. I ask the Minister to clarify that. It is one of the five conclusions that have been reached. It was committed and was atypically linked to one named individual. I need clarity from the Minister on whether he accepts the finding of the report that the funding was committed. There was a substantial proposed funding commitment of €2 million a year.

I am happy to state again and I will keep stating if it is of use that I accept the report in full. I accept the findings and recommendations of the report. We are now implementing the recommendations of the report.

Does the Minister accept that the funding was committed?

I accept that the letter of intent certainly referenced the funding. As the Deputy says, it was linked to Dr. Holohan. I have two points to make. I agree that the funding was linked to one individual leading the funding. It is important that we bear in mind that if the funding had gone through the Estimates process and been agreed, it would have gone through the Health Research Board. The HRB would have put forward an open domestic and international competition for researchers and academics in Ireland and potentially from abroad.

That is not true. There is a significant issue, which the Minister knows. This report has five conclusions. I referred to the third one already. The fifth one refers to "The ‘commitment’ to Trinity College Dublin by the Department of Health of €2 million per year for research funding". A commitment was made. The Minister is disputing the fact that a commitment was made, which is staggering. Either the Minister believes this or he is pretending to believe the report. Either he believes it or not. That goes to the core of it. Did Robert Watt commit €2 million of taxpayers' money in breaching all the protocols? The Minister is now trying to say that it was not really linked to Tony Holohan, for whom we all have huge regard.

It does not matter which individual it was. No one individual should be linked to this type of funding. I am not going through the letter again but the Minister knows what is stated in it. It refers to Dr. Holohan's wages. The commitment was for his wages. There were other parts of it but it was linked to Dr. Holohan. Does the Minister dispute that too?

There are various points there, if I may address them. The first is about it being linked to an individual. As I said previously, it was, in the letter, linked to an individual. There is no dispute about that. The point I am making is that the €2 million proposal for research funding would not have been €2 million which Dr. Holohan or anyone academic could have decided how to spend.

Nobody has ever claimed that.

Nobody has claimed that but Dr. Holohan would personally benefit from the €2 million because a portion of that would have paid his wages.

If I may, we need to be very careful with our language. I want to be clear. The proposal was that he got not one penny more in his wage.

Nobody is suggesting that either.

The Deputy might bear with me. I think it is important because it speaks to Dr. Holohan's reputation. He was a fine public servant who I had the opportunity to work with in a very difficult situation. I do not believe it would be a fair characterisation to say Dr. Holohan would benefit from this. Dr. Holohan's salary was not going to change. Nothing was going to change. Had Dr. Holohan stayed on at the Department of Health or gone on to the secondment, he would have been no better off it, if I may state that.

Nobody has suggested that either.

Let us be very clear that the report makes it clear that the research funding was linked atypically to one named individual. That is the point it is making. If the Government is providing research funding, give it to the board and let it decide how to fund it. That is not what happened here. This is funding that was allocated on the basis that the wages, which were the same as what he was entitled to previously, were going to be paid out of this to Dr. Holohan. This is what the report found.

I know time is moving on. The Minister was kept in the dark about the further detail on this. Robert Watt explained that the Minister knew about the generalities of the secondment and the research funding but he was kept in the dark about the letter. Robert Watt said the Minister's computer was hacked for five days when he was in America and the Department could not send an email. I struggle to get my head around that. Maybe the Minister will enlighten us all about what happened that a computer was hacked. Emails do not go to just one computer. They go to a server in the cloud. What happened? How did the Minister's computer or some device being hacked for five days prevent an email from being sent?

I bow to the Deputy's server in the cloud-----

I do not know but I know that if I cannot get my emails on this computer, I can get them in my phone, in the Minister's office or wherever if I log on. Can the Minister explain what happened?

I will give my very pedestrian explanation and then I might ask Mr. Wright to give a more technically competent explanation. We arrived in Texas. We were there for about a week around St. Patrick's Day. I was told, I believe by my private secretary, that a question was raised about whether my laptop and phone had been compromised. We were told to turn them off and not turn them on again. We did so and we were given replacement phones for the few days. I then handed both my phone and computer to IT when I got back to the Department. I understand it looked at it. Mr. Wright will be able to say whether or not the National Centre for Cyber Security was involved. I do not know. I got my computer and phone back about two weeks later and was told to carry on. That was my entire involvement in that particular issue.

In those two weeks, including the time the Minister was in Texas, was he not able to access any communication by email, either from any Government Departments or his own Department?

While I was in America, that was the case. When we came back to the Department, it gave me a replacement laptop.

Did the Secretary General think that by sending an email from an uncorrupted device, it would somehow corrupt the rest of the Department? Is that his understanding of how emails work?

I am afraid his understanding of emails and how they work is probably a question best directed to him. If I may give my view, the Secretary General knew that I did not have access to email for the entire time I was in America. Therefore, I think he did not send me an email. It is probably that simple.

Did the Minister make any other arrangements? I imagine if he was in America, he had staff with him. He did not want to be out of email communication. Surely to God people were able to send the Minister documents, briefing notes and such, and surely somebody else on the team had an uncorrupted device that emails could have been sent to? Were there no arrangements like that and was it a case of saying the Minister is away in America, that there are no communications or emails, and God help us if anything happens because we cannot send him an email and he cannot access them? We do not live in that world today.

It sounds like a very peaceful week. We did not have access to email. The two ways that I access email, as I am sure the Deputy does, are on my phone and computer. We turned them off and did not turn them back on again. I would need to check, so do not take this as gospel, but I believe everyone who was there in our party was also complying with the same orders

That is very interesting. Can I ask the Minister about the national children's hospital? We have seen more stuff in the media over the last number of days.

We learned that BAM informed the board of its updated programme of works and that it will now be the end of May before work is complete. Is that the case and when did the Minister and the Department become aware of it? Why did the Minister tell people last week that the hospital would be complete by the end of March?

I will make one quick procedural point with the Chair's indulgence. I am happy to answer the questions today and that is why I have asked two officials to come along. We will do everything we can to answer the questions. The Joint Committee on Health would normally view health capital projects to be within its remit. I assure Deputies that the Department of Health appears regularly before the Committee of Public Accounts on this specific issue.

I should have said for clarity that this committee has taken an interest in the procurement contracts and value for money because it deals with the Department of Public Expenditure, National Development Plan Delivery and Reform and because of the substantial overruns in the national children's hospital, the cost of which it is now suggested will increase to €2 billion from an original €700 million.

I fully understand.

I will give my view and that of the Government and then I will ask Mr. Tierney whether he wants to add to that. The only schedule of works to which the Government and I have agreed provides that the contractor will hand over the hospital in March and that Children's Health Ireland, CHI, will have six months to complete its commissioning. As the Deputy correctly stated, there is talk about a different schedule of works-----

Is it talk or has one been submitted?

I ask the Deputy to bear with me. There is talk about a different schedule of works. Mr. Tierney will be able to confirm it. I believe BAM has submitted a separate schedule of works that provides for completion in May. However - this is important - the board has not accepted that schedule of works and has not shown it to me. Why would the board do so if it has not accepted it? We all need to be clear. I imagine there is a lot of political unity on this. This project has gone on for too long. Sick children in County Donegal in the Deputy's constituency, in my constituency in County Wicklow and everywhere in our country need this hospital to open and need to be treated in it. Further delays are not acceptable to me. My message to the contractor, the board and CHI is that the Government has not accepted any schedule of works other than the one that has already been agreed, that is for completion in March plus six months.

If we are presented with another schedule of works, due to reasons that cannot be helped such as international supply chain issues due to the war in Ukraine, labour shortages or whatever they may be, which we have no choice but to accept, we will deal with it when it happens. However, my message to the board, the contractor and CHI is that the only schedule that this Government has signed off on provides for completion by March plus six months.

That is clear. There is an ongoing dispute between BAM and the board. I do not want to get into the middle of that. At the end of the day, it is children who are suffering as a result of this. Were BAM and the board in talks to settle the outstanding claims? There is a significant number of outstanding claims, some of which are being settled in the High Court and some through discussions. Did an overall series of talks take place to settle the quantum of claims?

Yes, there have been numerous talks. They have dispute resolution mechanisms which no doubt the Deputy is familiar with. I can ask Mr. Tierney to explain them if that is useful. Numerous talks and rounds of talks have taken place and, as the Deputy referenced, claims can be escalated to the courts if everyone continues to dispute them. There is a significant number of claims with a significant price tag attached to them. We do not know what the ultimate outcome will be but the board is working hard to ensure it is as small a number as possible. Is it of use for me to ask Mr. Tierney to clarify-----

To clarify, there are always talks about all claims and there are much more than 1,000 claims in this case. The job of the State is to get the price as low as possible. We are all at one on this. My question asks whether talks took place to settle the overall figure of the claims collectively, that is to come to a figure for them collectively instead of going through the different dispute mechanisms and the High Court to settle all the claims. Were there talks of that nature?

Mr. Derek Tierney

I will take that question. I thank the Deputy. It is on the record of another committee that the board engaged with the contractor for a period during a moratorium on claims. The objective of that moratorium was to park all claims and an adversarial engagement on how those claims might resolve. The essence of the moratorium was to try to get time certainty. That is what we are all interested in. Time equals money. This was against a backdrop where the contractor had not provided a compliant programme under the contract. That is still outstanding. That moratorium ended two or three months ago and the contract is being administered by the board.

Was a settlement figure ever put on the table as part of those talks?

Mr. Derek Tierney

There is always engagement but it all equals time. It is to get time certainty and to understand what it ultimately means.

Mr. Tierney is talking about time certainty but I am talking about a settlement figure. Will he inform the committee whether a settlement figure was put on the table during those talks?

Mr. Derek Tierney

I can only say that the claims raised by the contractor probably formed the backdrop. I cannot say whether a settlement figure per se was put on the table.

Is it the case that Mr. Tierney cannot say or that the Department was not informed by the board? A settlement figure for all outstanding claims may have been put forward in those talks.

Mr. Derek Tierney

The Minister was quite clear. The Minister, the Department and the board are focused on time certainty.

I know they are but I am focused on the cost. That is the question I am asking. I appreciate Mr. Tierney's answer but I am asking whether an overall figure for the outstanding claims was put on the table and whether the Department was made aware of it.

Mr. Derek Tierney

I am not going to say what the contractor or the board did or did not do under a commercially sensitive contract. It is a live contract. I will not speculate on how much this will cost.

I am not asking Mr. Tierney to give me a figure. Did the board recommend the figure to the Department?

Mr. Derek Tierney

No formal recommendation was made to the Department on a figure.

Was any informal recommendation made by the board?

Mr. Derek Tierney

I said earlier that I would not get into any speculation on outturn.

Mr. Tierney is able to tell me that no formal recommendation was made by the board but he is unwilling to tell me whether there was an informal recommendation about an overall settlement figure.

Mr. Derek Tierney

I will repeat again that within the context of a moratorium there was engagement between the board and the contractor about how to get time certainty. The backdrop to that was hundreds of claims and no submission of a compliant programme. That formed the backdrop of the engagement during the moratorium.

Does the Minister accept that in May of last year STS, which was appointed by CHI, identified what it says is a major generic fault in the design of the 11 operating theatres?

There is an ongoing discussion. I am aware that a letter from architects raised questions around some of the operating theatres. My understanding is that there are questions about the heights of some of the rooms. All I can say at the moment is that there is ongoing engagement with the board about that. Mr. Tierney can correct me if I am wrong, but as of the last few days, my understanding is that no decision had been made about whether to change the current design.

We will come to that in a minute. The reason no decision has been made is because the board does not know what to do. We will come to that in a second. The Minister mentioned architects. STS consultants are employed by CHI. They are more than architects. They are experts in commissioning and are independent of the contractor. Is that not the case?

Mr. Derek Tierney

They are experts in one small element of the overall design, which is around airflow in the theatres.

That is where the problem is, is it not?

Mr. Derek Tierney

No one is suggesting there is a problem. There is a design-----

Let me stop Mr. Tierney there. He has acknowledged that they are experts in one area, airflow and ventilation, which probably shows where their expertise is. He said that no one is suggesting there is a problem. STS consultants suggest there is a problem. They told CHI there is a problem. These are not snag lists, but rather major generic faults that are indicative of the non-compliance and unresolved issues found during the walkarounds. The longer these issues take to get resolved, the more expensive and time-consuming it will become. Does the Department accept that STS consultants reported that to CHI in May? When they came in October to do a two-day assessment, they left after one day. Why? It was because nothing had been done. They make it clear in the letter. They state that nothing has been done. Nothing has been taken on board. The Department decided to plough ahead and build the theatres. The theatres are now built, ready for the machinery - some of the machinery is in them - and a stop order was issued a week last Thursday which has been rescinded. There is no point telling them to stop because the work is complete.

The order that does exist today is for all of those experts - the mechanical and electrical engineers and the main contractor - to go into conclave and try to find out how to rectify the situation when the theatres have been built, as opposed to in May when they told the Minister or the board that the longer these issues take to be resolved, the more expensive and time-consuming it will be. They said the systems were going to fail the final validation and will not be fit for use. Does the Minister accept that the experts have identified what they call a major generic fault in the operating theatres? He is politically accountable. He is the person who leads his Department. I want to know what role he has taken with regard to this or whether it is a hands-off role.

As I am sure the Deputy appreciates, and I honestly do not say this in an effort to be glib, as Minister for Health, I do not inspect the airflow or look at technical reports on the airflow within individual operating theatres, nor would Deputy Doherty expect me to. I know he is not suggesting that I would be involved in the design of a hospital to the level of the airflow parameters within an individual operating theatre. I do not get involved at that level.

Regarding the question about whether the development board accept that there is a fundamental problem here, the advice I have is that the board does not accept that. I am sure the people referred to by the Deputy are eminent experts in airflow in operating theatres and have clearly given advice that has been passed on to the Deputy and his party, but there are many other elements within an operating theatre. We will see, but it may be the case that the many other experts involved were giving other advice and that in terms of sequencing of such works, it might have worked for airflow but may not have worked for other mechanical and electrical elements or other parts of the hospital. We do not know. What we have is documentation provided to Sinn Féin suggesting that experts in airflow in operating theatres raised an issue. The development board is looking into it and the advice I have is that it does not accept the view that has been given to it.

First of all-----

If it okay, Chair-----

Let me make this point-----

Could Mr. Tierney add to what I said?

Mr. Derek Tierney

What Deputy Doherty referred to is part of an ongoing process. An initial test was carried out involving STS and the board's designer. That passed. A second test was carried out. The engagement between STS and the board now is in the context of what that means. I am advised that the outcome of that test is not yet agreed. I reiterate what the Minister said. No instruction has been given to change any element of theatre design. If there is discussion needed following any determination down the road, the board's view is that this will likely take two to three months in parallel with the existing work. It certainly would not cost tens of millions, as has been suggested in the media. The conclusion to all of this is that since no works have been proposed or asked for, it is unclear how these could be costed in any case. I am not sure what source the figure of tens of millions is coming from. In any event, if there is any remediation work further down the line, it is not on the programme's critical path or will not affect the critical path. That is as much as I can add to it.

I also understand that if there any remediation works, the board's designers and engineers have suggested that there may be alternative proposals to resolve any issue subject to the outcome of the second test. Again, that has yet to be agreed between STS and the design team.

It is plain to me that there was a huge scramble around here after some of this information came into the public domain. Was a "stop works" order issued to the main contractor regarding the 11 operating theatres?

Mr. Derek Tierney

Based on my information, the board reiterated the need for the contractor to proceed with the current works and there was no design change instruction.

Was a "stop works" notice issued two weeks ago to the main contractor regarding the 11 operating theatres?

Mr. Derek Tierney

I cannot be any clearer in my answer.

I cannot be any clearer in my question. Was an order given? I know Mr. Tierney does not want to answer the question.

Mr. Derek Tierney

It is not that I do not want to answer the question.

Let me make the case. Is it not the case that a "stop works" order was issued to the main contractor in respect of the 11 operating theatres two weeks ago?

Mr. Derek Tierney

To be clear again, I have no knowledge of any stop order being issued by the board to the contractor in respect of those works. What I will be very clear about is that the board has not instructed any change to theatre design-----

I am not asking about that.

Mr. Derek Tierney

The board has reiterated that that contractor should proceed with works.

Has an order issued regarding the main contractor, the electrical contractor and the mechanical contractor to go into workshops to discuss how to deal with this issue?

Mr. Derek Tierney

I understand that the designer and the contractor are working out if there is a requirement for future remediation works, what that would mean.

To clarify, Mr. Tierney is stating on the record that a "stop works" notice was never issued to the main contractor regarding the 11 operating theatres.

Mr. Derek Tierney

Again to be clear, I am stating that I have no knowledge that a stop order was issued. That is a question for the paediatric board.

Why has the board issued an order to the main contractor, the electrical contractor and the mechanical contractor to come together in workshops to look at the issues relating to the ventilation of the 11 operating theatres?

Mr. Derek Tierney

I guess it is on the basis that if future remedial works are required, they preplan a solution.

Is it not the case that an order was also issued to the main contractor to carry out ventilation tests in March of this year?

Mr. Derek Tierney

I am not aware of that. That may be the case. I am not disputing it, but I am not aware of that.

It is the case. The problem here is that the experts said in May that this was going to fail because the vents were in the wrong place. The board allowed building to continue and now all the electrical and mechanical stuff and all the oxygen equipment is in there. It runs right through the centre of these operating theatres where the vents are supposed to be. The rooms are complete. The company installing this walked off site. It said that it was not being listened to and that what had been put in place was going to fail the test. It pointed out that there were similar issues in theatres in other areas and that if the board did not deal with them, it would cost it money and there would be delays. Works orders were then issued. On the first test, I do not expect the Minister, in view of his hands-off approach, to know about the ventilation, but when the shit hits the fan, we have to raise with him the fact that there are serious issues in terms of major generic flaws that could cost us more in taxpayers' money or delay the project. The Minister should be taking a hands-on approach. He should not be relying on documents we may or may have. He should have all of them at this stage. He should be asking the board why it ignored this in May, October and November, when it got the letter and why it did not just carry out the test in March of this year. The first test is about whether it was installed correctly, which nobody ever disputes. The second test is whether it works, which was failed in this case. That is why a stop order was issued two months later and the contractors were told to go into conclave to try to figure how we deal with this. There is no design change to the rooms. Of course there is no design change. Nobody knows how to fix it at the minute. That is why the workshops are taking place. Does the Minister not accept that, or is he telling me that he was in the dark about this, that he has his head in the sand and that he has not looked for any of this documentation about what is really going on in respect of this project?

The Deputy has said a lot and made a lot of assertions, many of which are verifiably false. Rather than trying to address all of the statements he made-----

Honestly, I would need to go back and look at the blacks afterwards. The Deputy made about 15 definitive statements, most of which are verifiably false.

Which ones? Let us start with one, because I am not accepting the Minister's statement that I am putting false information on the record here. Start with one and we will go through them, because it is too easy for the Minister to give glib answers like that when this issue is so serious.

Allow the Minister to answer.

The Deputy made several definitive statements that are his characterisation of what has happened. The assistant secretary has clearly stated that what the Deputy said in several cases is not true.

With respect, he has not.

May I answer the question?

He has not. I am not accepting that.

The Deputy should allow the Minister to answer the question and then we will come back to him. The Deputy should take a note of what he needs to come back on and allow the Minister or Mr. Tierney to give the answers and set out the differences. The Deputy can then-----

With respect, if Mr. Tierney wants to say I am saying something that is untrue, I am happy for us to have that conversation but that is not what I heard.

This is a complex issue on which we got a letter from the committee this morning to come in and talk, so the Deputy will appreciate that we do not have detailed notes on ventilation systems. It is not what we were asked to come to the committee for. We got a letter this morning to ask if we would answer questions on the national children's hospital. I would be more than happy, Chair, with your permission, to ask the Department to write a detailed note to the committee because these are highly technical issues. We are talking about ventilation systems in individual operating theatres and what may or may not have happened over the previous 12 months.

The Deputy has asked me to give him an example. In his previous statement he stated that a stop order had been given. Mr. Tierney at least three times has stated very clearly that, to the best of his information, no such order was given, so-----

He did not say that it was not given; he said he is not aware. Those are two separate statements.

That is exactly the language I just used.

Mr. Tierney did not contradict me and did not say I was wrong. He said he is not aware of it.

The Deputy made a definitive statement repeatedly that stop orders have been issued. The assistant secretary has stated repeatedly that, to the best of his knowledge, no such stop orders have issued. I am just giving that as one example. I am happy to be corrected if the record shows he did not say this but I think I also heard the Deputy say that the warnings provided by the subcontractor were completely ignored by the board. I do not think we have any evidence to date that they were completely ignored. We do not know that. Respectfully, and I am really not trying to pick a fight with the Deputy, he made a series of definitive statements that I am not sure are backed up by the facts as they are known. That is all I am saying. It sounds to me like a specialist raised concerns. I have no doubt but that those concerns were taken seriously. I imagine that they would have been considered in the round of the much greater complexity not just of the air-con systems within theatres, which obviously are very important, but also of the entire build. I do not know if the Deputy or other members of the committee have had the opportunity yet to visit the hospital but the level of complexity within these new operating theatres in terms of mechanical and electrical systems, clinical systems and ICT systems really is something to behold. They are extraordinarily complex, state-of-the-art systems. It sounds like there was a test done on the air con systems. If I heard the assistant secretary correctly, he said that the first test was passed and that maybe one of the other tests was not passed. It sounds like the board has now done what any of us would expect it to have done, which is to put workshops together with the mechanical and electrical experts to look at whether or not remedial works are required. That is my understanding of where the situation is.

I will bring in Deputy Tóibín.

I have to leave shortly because I am due in the Chamber for Topical Issues.

I will take Deputy Durkan then.

Minister, the email was sent to his Department yesterday at 2.30 p.m., for the record.

I am sorry about that, Chair.

On your suggestion that we might visit the hospital, you might arrange that for us.

I would be very happy to do that.

He can come back to the clerk to the committee and we will visit.

I call Deputy Durkan.

Several issues have been discussed here. The first is the secondment. It is accepted that the situation was not handled in the best way possible but that, of course, is hindsight. I would challenge some of the views expressed on this basis. Dr. Tony Holohan was in situ at a very difficult time for the country, the HSE and his family during which he was beset by all the issues, had to deal with everything that came before him and had to plan for the future. It was assumed that something would be done to try to retain him in the service. In those circumstances it is very difficult to have a smooth transition in the kind of complicated transfer that was envisaged at the time. There has been a suggestion that money was spent. That was not said by anybody here but it is implied that money was spent and money could possibly be lost and so on. Nothing was lost; no money was spent. However, this had to be done in a certain way. If the transfer, the secondment, were to take place, it would have to be on the basis of the availability of the necessary funding from the particular quarter whence it was going to come. That is usual in business and in Departments in order that you do not get to a situation where somebody is halfway across the river or the bridge and is told, "Sorry, that did not work out the way we had intended, so you will have to turn back or swim back." Some of the criticism is unfair, and it is criticism. It is a question of opinions being expressed as to how we would all deal with the situation. I might deal with it differently, the Chairman might deal with it differently and someone else might deal with it differently. Suffice it to say that, at the end of the day, no money was lost or if moneys were lost, I ask the Minister to tell us and let us know about it rather than letting us go around in circles for the next two or three years talking about it. I accept the report, and the ideal situation did not prevail, but notwithstanding that no money was lost and no commitment was given beyond the point of no return.

The other issue I want to comment on is the ongoing comment on the children's hospital. The Minister was prone to making the odd comment too when he was in a different capacity and, therefore, I remind him and everybody else that it is easy to criticise big projects in particular and to say a project is in the wrong place. I was in the Dáil recently when four different locations were put forward for where the children's hospital should be. The fact of the matter is that it is where it has gone and nobody is going to rip it up now and take it back down and start somewhere else in one of four or five different locations around the country. If we are really serious about the need to provide state-of-the-art care for children in the way it was and is intended, it has to go ahead.

The next issue we have to discuss is the cost, the so-called overrun and the scandals. I hear people talking about the scandals associated with the hospital. We should be very careful about that. That kind of thing could end us up in court at some stage. The scandals were because somebody decided matters before quantity surveyors had anything to do with it. I was a member of another committee at that time and followed through right at the beginning. There were no quantity surveyors' reports at all when a price was given to the effect of €600 million, €700 million and so on. It could have been €200 million or €100 million because there were no statistics available as regards the scale, the cost, stage 1, stage 2 and so on. One thing should be remembered: if it had been starting again now and there were not the two stages in the contract like there were at the time, it would cost very much more. There would be a really serious problem then. We hear references all the time to the overrun. There was no overrun because the overrun depends on the starting price, which was based on no information at all - zilch - so I cannot understand why we keep going on about it and going back again and again. This will be talked about in 20 years and it has the effect of debilitating the whole concept of the hospital, which is necessary, and everybody believes it is necessary. We have heard lots of propaganda disguised as facts.

The last point I will make is this. This is a big project. It has not shifted a whole deal from the time of the quantity surveyor's report in terms of cost. In all contracts over the same period there has been a certain slide one way or the other.

The important thing is that we continue with the project. We should not drag this down on some technicality, especially if we do not have the proper facts associated with it. This is the case, whether we be Ministers or Deputies in the Opposition. I am not criticising the Minister doing this now, because he has been a good operative in this area since he changed over from Opposition to Government. This is something that affects everybody from time to time. We can assume that all the things said when Members were in opposition must be taken with a grain of salt because they do not carry the same weight as when somebody goes into Government, sits at the top of the table and must be responsible and accountable.

It is not at all uncommon for major projects to have changes made while the contract is under way, notwithstanding that contract, and the project is under construction. This happens because somebody sits down, assesses the progress made to date, gets advice based on tests which must take place all the time and reaches a conclusion. The conclusion, in this case, is that it is in the interests of the project that we look at this issue now and do whatever has to be done in this regard. I hope it is being done.

My last point about this aspect concerns the claim that this is the wrong place to have this hospital. Are we going to change and drag this facility around now? Will we take it somewhere else? One group of people want it in Blanchardstown. A big organisation and hundreds of signatures are involved. I have been told there are even thousands of signatures. Will we move this hospital when its location has already been decided? Other people want this facility to be in a different hospital. Others still want it to be constructed on a greenfield site. No matter where this hospital was put, in the final analysis it would not have satisfied the people who have subsequently been critical, and this is a fact, even if we were to wait forever and continue to go around in the same circles. We could talk about knowing there is a scandal. We could continue in this vein and talk about the need to blame someone for it. Get a life and wake up. The project is expensive. It was always going to be expensive. The project is as was costed, with a bit of variation.

It is €1.3 billion. Come on. Is this a bit of variation?

No, hold on now. I did not interrupt the Deputy-----

I know, but that is just-----

Since the Deputy did interrupt me, just let me say this. He does not look askance at making accusations from time to time based on dubious information. Let us, therefore, deal with facts instead of propaganda. Propaganda cloaked as facts is wrong. It is misleading and bad for everyone. The Minister made one point, and I will finish on this observation, regarding the secondment. I refer to why civil servants move so slowly. One of the things I have noticed in the past several years is that it is impossible to make a decision without some guy, who is second-guessing with hindsight, coming forward to say he knows someone who can tell us about something.

On the national children's hospital, for example, guys were saying they knew another guy who was building a house that cost X, Y and Z and this was what the total cost was. We cannot compare chalk and cheese, for God's sake. We need to wake up, get a life, come into the real world and recognise that what is going on in this situation concerns a difficult large project being undertaken on a large site. It is a site of some 50 acres. People were telling me in the beginning that this was not big enough and it would be necessary to find another one, etc. What a load of nonsense for God's sake. This is the most convenient site that could be found at the confluence of major thoroughfares, namely, those coming from the west, the south and the east. No more accessible site could be found. I thank the Cathaoirleach for letting me in at this point because I have to go over and represent my constituents in another location. I thank the Minister and the committee for listening.

That is okay.

The national children's hospital is now seen by many as a monument to maladministration, unfortunately. The Taoiseach, who was the Minister for Health at the time-----

I will ask two questions at the same time.

I am sorry. I beg the Deputy's pardon.

The Taoiseach, when he was the Minister for Health at the time, said that "short of an asteroid hitting the planet" the national children's hospital would be built for €700 million by 2020. It is amazing. He did not have the insight that Deputy Durkan had at the time, unfortunately. I see myself as a left-of-centre political activist and I believe in the State being very involved in projects. I have to say that a project such as this, though, nearly causes me to question this view. Does putting "national" before something mean the costs of a project are going to explode? Can the State not do projects like this now? The simple question I have is: who is responsible for this problem? If the lens is completely pulled back, who is responsible for the fact that this project is not being built for €700 million and was not completed in 2020?

The other issue here is whether the Minister is investigating the reasons for the massive increase in costs and the delays with this project. Is any investigation currently under way? Are there any ongoing efforts to ascertain this information? Then there is again this dreaded word of "accountability". Is any effort being made to see who is accountable for this situation? Is it the construction company itself? Is this company at fault in respect of failing to deliver within the terms of the initial contract? Is the development board at fault here? Is the Department at fault? Who is at fault here?

I have a few smaller queries as well. A particularly important question concerns the fact that there has been a dearth of published minutes from the board's meetings over the years. I do not think any have been made available in the last year. Now that Deputy Durkan is gone, it might be helpful if the Minister wishes to address some of these questions so we can have a back-and-forth discussion.

The Deputy is ignoring all the positive things Deputy Durkan said. I thank the Deputy for his questions. In response to Deputy Durkan's questions, I will start with whether any money was lost or spent on this proposed secondment. The answer is "No". It was a proposal that never happened. I imagine we all agree, and I would not for a moment dream of speaking on behalf of any committee member here, but, certainly from my perspective, I think what was lost was the Chief Medical Officer's experience. I have met epidemiologists and all the clever folk who look at diseases. I met Dr. Mike Ryan recently in Geneva at the world health assembly. The conversation I had with him about emerging threats made my blood run cold. It really did. I am talking about what these experts are watching globally and what we need to be preparing for here.

Genuinely, I believe the big loss in this scenario was that of Dr. Holohan as a thought leader in future pandemic preparedness and public health leadership. I think he is uniquely experienced in Ireland in this regard. He was the Chief Medical Officer through the most difficult time in public health we have ever had. While I fully accept that we did not get everything right, it is recognised around the world that Ireland did well relative to other countries, that is, as a whole country. Obviously, Dr. Holohan was a leading figure in this context. My big regret in all this is that we lost the benefit of his expertise in that role. I think being able to have had him in that role would have made our country safer. I really do think this and that this was the big loss here.

I am cutting across the Minister, but we all accept that and it was a big loss. Apart from the money involved, the commitments given and the report, who caused that loss? This is what I think is the big question here. If this process had all been handled differently and correctly, we might not be here at all discussing Tony Holohan and this position and secondment. I suggest to the Minister that if the Department had been more transparent in respect of what it was trying to achieve, then it might have got political and public support to do what was being proposed, bearing in mind all the conversations regarding future dangers the Minister spoke of.

I think that Tony Holohan was a loss to the State, but the State itself, through the Department of Health, has a lot to answer for here.

I thank the Cathaoirleach. While I would not-----

I do not wish to cut across the Minister either, but the fact of the matter is this. If the proposal was serious, it was not a situation in which somebody could go to Tony Holohan, say thought was being given to this proposition, that it might be possible to do it, get him to agree to it and then end up with there being no funding available for it at the end of the day.

He was not going to get involved in that. It would have been an insult to him to produce that kind of an option for him. That is my reading.

That is what happened.

The Minister was going to complete his policy response to Deputy Durkan and then maybe address some of my questions.

All I can say is the details have been gone over with a fine-tooth comb in two reports and at numerous committee meetings. Having looked back on it, and I know the people involved and have gone over it in great detail, I have absolutely no doubt that, notwithstanding mistakes that were made, everybody was trying to act in the right way to do the right thing. I absolutely believe that. I am not saying it worked perfectly - we know it did not and it did not happen - but I do not think anyone was trying to do other than the right thing, notwithstanding the findings on the mistakes that were made.

I have some more questions but we are all interested in what the Minister was going to say to Deputy Durkan.

I refer to the positivity. We have spoken about what was lost. I believe the CMO's experience and leadership was lost. I have asked the Department to invite members of the committee to the site. It really is worth doing for any of us who have spent time in hospitals around the country and particularly the children's hospitals. It is an extraordinary piece of health infrastructure. It will make such a difference.

The Deputy made the point about committed versus approved. This speaks to Deputy Doherty's very reasonable challenge around money being committed versus money being approved. The intent was to commit the money but with the caveat and it is regrettable that was not in the letter of intent. It was committed and fully accepted. That is the finding in the report. At the same time it had yet to be approved because it would have required my approval and ultimately involved a vote of all of us here through the budget to approve it. Was the money being committed? Yes it was but had it been approved? No, it had not. There were various things that still had to be done in that case.

Deputy Durkan quite rightly spoke about my previous criticisms of the national children's hospital project which is now my responsibility. I thank the Deputy for the reminder. He is not wrong. He rarely is. The big issue here is time. Of the money we are talking about, most is committed. A large amount is still under dispute. What we need to do is let the board at it. Our speculation around how much more it will be is perfectly natural. Of course we speculate like that, but I am concerned it has the potential to play into the hands of the contractor. The best thing we can do is accept these are commercially sensitive interactions. The board is trying to do its best and we need to give it the space to do that.

We are talking about good governance. Think of any club, company or organisation which proposes that a project will be built. This was supposed to be for €700 million by 2020 and we are here now talking about 2025 and potentially up to €2 billion. That is mutually exclusive of good governance. This has gone wrong in the length of time and the amount of money. An overspend of €1.3 billion is a disastrous situation.

This is speculative.

Deputy Durkan, Deputy Tóibín did not disturb -----

I was there all the time.

Will Deputy Tóibín continue?

According to the price that was given by the Minister of Health at the time when it was contracted, there is a radical overspend and change over time. Is the Government's position that there is not an overspend, as one of the Government Deputies said here, or does it agree there is a major problem and that there has been a lack of proper management and governance on this project?

He is being unfair.

I have asked the question.

Deputy Durkan is wanted in the Dáil Chamber.

I hear them calling him.

I am sorry the Deputy is going. It is a matter of record that this is costing more money than was originally budgeted. I am not, nor is the Government, suggesting for a moment that the hospital will come in at the initial cost floated, which Deputy Doherty mentioned. It is already on the record that the currently agreed number is significantly above that.

Is the Minister investigating why? Is the Department investigating the reasons for that?

My advice is that look has been done. PwC, for example, in 2019 did a very thorough audit as to what the drivers of that were. We may have discussed that previously. At the time, I was on the Joint Committee on Health and we discussed it in great detail. I am open to correction but I understand the drivers we all talked about in the last Government that brought us up to the €1.4 billion have been well investigated and are understood.

So why are they not being managed and why are they continuing?

I believe they have been managed. One of the things I was asked to do was to sanction additional resources for the board to have people on site to challenge the claims that were coming in from the contractor. We now have this large sum which Deputies Tóibín and Doherty mentioned which is under dispute. The PwC report found that they needed additional resources to challenge the claims that were being put in by the contractor. That is the engagement we were talking about earlier.

But these claims are still coming and some are still being met.

The claims are still coming, yes.

And some of them are still being met.

The Deputy says "met".

They are paid for, in other words, by the State.

I do not believe they are. Most of it - maybe all - is under dispute. I will ask Mr. Tierney to give some details.

Mr. Derek Tierney

They employers representative, ER, which is an independent entity under the construction contract under the public-works contract framework, has reviewed all claims by the contractor on behalf of the employer. For example, of the 1,600 claims being made by the contractor that they have an entitlement to something like €670 million, the ER has taken the view that there is about €12 million of value in that. That is the difference of opinion.

And who will adjudicate?

Mr. Derek Tierney

The employers representative in the first instance takes a view of what claims are submitted and of the valuation of those claims. There are dispute mechanisms within the contract if there is a dispute around that. The next stage of dispute is those claims are then referred to a project board which is a forum comprising the contractor and the employer. If agreement is not reached at that, then you go to conciliation, arbitration or the High Court.

What is the timescale for that?

Mr. Derek Tierney

I do not have those details but I can send the Deputy a note on total number of claims issued, valuations and the time frame for each of the dispute-mechanism steps.

It is hard to be confident that out of €670 million's worth of claims that any adjudication, conciliation or High Court will land on the €12 million -----

Mr. Derek Tierney

Sorry, that is the contractor's own view. Should we accept that at face value?

No, not at all but I think there is a deeper question here in that a contract was issued by the State and maybe the tender allowed for a tender that was under the real cost of construction which means the tenderer might try to recoup the actual costs in claims subsequently. There is a big question around the construction of the tender and the whole process at the start. I am not aware of - to use the dreaded word - "learnings" which have gone into the system from this. Companies such as BAM are winning public procurement contracts still. Is the Minister aware of other projects won by BAM with similar characteristics where there were extra claims that led to further costs for the State in the long run?

I reiterate what has been said and I imagine the Deputy shares the position. The development board is acting on our behalf and it is saying €12 million or zero and that is its only position. It is not speculating as to what may or may not be agreed through the courts or the dispute resolution mechanisms. This is what I was alluding to about speculation. It is important our position is that the answer is zero or maybe it is the €12 million Mr. Tierney has referred to and that is that. Then we have got to back the board up and support it in its negotiations with the contractor on that.

I accept that, but I worry that is kicking the issue into touch for two or three years for political purposes. That is my worry about that.

I can understand why the Deputy might view it that way. All I can do is tell him clearly that is not the case. That is absolutely not what is going on here. There is nothing I would like more than for all of this to be resolved as quickly as possible, as I am sure the Deputy can understand. All we are doing is saying there is a large amount of money under dispute and we need to leave the board at it. The board's position is the answer is very close to zero and that is therefore our position as well.

The Deputy raises an important issue with contracts being awarded. It is one I have raised with Government colleagues on numerous occasions. To be clear, I am not relating my following comments to any contractor as that is not fair when nobody is here to answer for themselves. There is a general issue with European procurement law whereby Ireland and every other member state - I am sure there is detail to this I am not au fait with - are not allowed to take past performance into account when awarding contracts. It is an EU law procurement issue and I do not understand it. Let us say I got someone to build a wall in the garden and they built a terrible wall at three times the agreed price. Imagine I was subsequently looking for a shed to be built and that builder came back and offered a price, along with two others, and I was not allowed to remember the first builder had built me a terrible wall for three times the original price. Every EU member state is being asked to behave in that way on vast capital projects. It is an issue this committee could take up on a European level. It is certainly one I would like to see raised at that level. I have no doubt the Ministers, Deputies McGrath and Donohoe, do this, but the Deputy raises a fundamental weakness in public procurement across the EU.

There is no doubt it is an illogical situation. The last question I put earlier was on the minutes of the board meeting not being published. It is adding to the confusion.

I will look into that. It might be there are some commercially sensitive issues that cannot be released, but my default position is things should be transparent. As long as there is no commercial sensitivity, minutes should be provided. I will ask the Department to look into that.

I ask for clarification on two issues. One relates to a question asked by Deputy Doherty about the computer hacking and being out of reach for five days. Mr. Wright, I think, was going to give a response at one stage to Deputy Doherty. I would like to hear that response and to know if that particular hacking incident was reported to the cybersecurity agency.

Mr. John Wright

I thank the Chair. From the Department's perspective, we were notified by the National Cyber Security Centre, NCSC, of a potential issue on 16 March while the Minister was away. The NCSC gave no details, but from our perspective nothing had been flagged on any of our systems and we were unaware of any issues. The NCSC's advice was to shut down the Minister's devices and subsequently those of the rest of the party. The NCSC asked that when the party returned those devices be provided to it to be checked. On 21 March we provided the devices to the NCSC as requested and it took them away for forensic analysis. On 11 April the centre came back and confirmed, as it had expected, that the devices were entirely clear and could be put back into service. As a matter of course we completely wiped all the devices and reset them before putting them back into use, but there was no incident.

Okay. I think when he was here the Secretary General said he would give us a copy of the email he was attempting to send and we are waiting for that.

On the Minister's comments, he mentioned that the Civil Service and the public service must make decisions at the various levels within both organisations and I accept that. Those who are making decisions are being paid accordingly. If a person has a particular responsibility and a decision is required, he or she is being paid in that position to make those decisions. In this committee, the Committee of Public Accounts, or any other committee, the Accounting Officer or the officials are held to account on accountability and transparency, so I do not accept reputations are attacked. If an Accounting Officer is being questioned here, he or she is a well-travelled individual. He or she is not a big softie and can generally handle things at these committees. I do not accept reputations are either damaged or attacked, but people are certainly being held to account. Sometimes in committees what causes that dynamic to become a little bit harsh on both sides is the lack of co-operation, the lack of real information and the lack of a sincere attempt to answer a question. Then it gets out of hand because everyone gets irritated. The State has to learn it must be more proactive and open, with the exception of revealing the minutes of a meeting or the workings of an agency to the point where we are playing into the contractor's hands. We as a committee and other committees in the Houses do not set out to ruin reputations, but there is the old attitude within the Civil Service and there is the real world here. Some may not like it, but that is the way it is and civil and public servants are well used to that type of interaction.

What concerns me about the Department of Health - this is not a general statement but the Minister was talking about delivering policy and so on - is the various reports in newspapers, for example on the recent resignation of Brendan Lenihan. I am not asking the Minister to comment on it, but I read these reports, as does the public. There is talk about audit and responsibility, but Mr. Lenihan is saying there is no audit and poor accountability. We, therefore, have to ask those questions. Maybe on another occasion someone might explain to us about his resignation, and the others, and indeed the whistleblower who has now gone away but revealed so much through national media outlets. All those questions remain bubbling away, allowing public opinion to be formed. They need to be addressed in an upfront way by the Department itself. There was this play on words with Dr. Tony Holohan, the €2 million and was he being paid out of that and was the €2 million for one year, ten years or whatever. We lost Tony Holohan, but quite frankly it was a deplorable way in which he was treated and this whole process literally fell apart in public view. That needs to be discussed within the Minister's Department, because it has to do with good governance. We are presenting a report and this is the last engagement on the particular issue of the secondment. The question for me then is who are we to believe, or is it now clearer than ever before what a Secretary General can do or not do. Can a Secretary General commit to a spend of €2 million? That is what we were told happened. In this case it was €2 million every year for so many years. The Secretary General in this case says he had the right to do that.

Is that the case? If it is not the case, is it the Minister who has the right to do it or who has the right to do it? That is fundamental to the issue which is emerging between Secretaries General and Ministers. I would like to know the answer to that. As it is, I acknowledge, of course, that the Secretary General is the Accounting Officer.

I will turn to the other issue and I will bank all of my questions here. The buck stops with the Minister in respect of the children's hospital. The Minister is going to be blamed regardless of what is going to happen, and perhaps doubly so because of the statements he made when he was in opposition. Pat Rabbitte asks is that not what you do in opposition or what you say during election time? What the Minister has said will be taken into account and someone will have to answer at the end of the day. There is then the whole issue of putting that figure of €700 million into the public domain and then allowing that to appear as if that is the figure upon which we can deliver, where we, in fact, are not going to deliver on it. It has gone way beyond that.

Does the Cathaoirleach mean the original estimate-----

Yes. I am very concerned now about statements about 1,600 claims amounting to €670 million, with the Department putting a value of €12 million on them. I can see a major row here with a heavyweight like BAM Ireland . That is taxpayers' money.

There are these layers in between, with the board and the different oversight groups that are there. I do not know who has the information from STS, but I would have hoped the Minister would have had all of the information and that he would have been constantly briefed. I am not going to go into it further bar saying again that it is down to governance, responsibility and accountability. I am gone beyond being shocked in this place because of what I have seen here, and the only thing we can do to assist the Department in the delivery of the hospital on time is to show clear intent to the contractor that we have a watchful eye on the project and that we will try to contain, by way of public comment, what the final cost will be.

I do not know if the Minister wishes to address any of those comments.

Yes, I am very happy to go back to respond to those comments and I thank the Cathaoirleach for all of them. I want to be clear that in respect of reputations, I was, of course, not impugning this committee in any way. It is interesting that the Cathaoirleach referred to the secret recordings of civil servants in the Department of Health over a protracted period. That is a good example. Civil servants were recorded without their knowledge over a very long period and specific snippets of that were provided to the media. Unfortunately, in at least one case, the civil servants were named. I believe that causes reputational damage. If any of us in going about our business were secretly recorded by our colleagues-----

But not through the committees. That is my point.

Of course not, and I am not suggesting that, but if any of us were secretly recorded by our colleagues for two years, and if someone took some of the things we had said as stand-alone comments and those comments appeared on the front pages of newspapers, I imagine none of us would come out looking terribly well. I have a real issue with the fact that officials in my Department were recorded for several years without their knowledge and that selected portions of that were provided to newspapers. I have a real issue with the fact that civil servants in my Department were named. I very much have an issue with that and it is an example of the reputational damage I am talking about. I fully accept the Cathaoirleach's point and I thank him for that.

One of the things I have always admired about the Chair, if I may say so, is that he has constantly and strongly advocated for the need to do things more quickly in this country and that delivery is not where any of us would want it to be. Obviously, healthcare is my brief and he and I have talked about this previously. Indeed, the Chair and I, along with our colleague, Deputy Murnane O'Connor, met in his constituency just to get moving on a very modest upgrade to an ambulance base. These things should just happen and should not require Deputies and Ministers meeting up for them to happen. The Chair has advocated for this so well over many years

The problem, as I see it, is two things. One is, if the cost of making a mistake is so high, people will just stop making decisions. It is incumbent upon us in the Oireachtas to try to find the right balance that says there must be total transparency, which speaks to the Chair's exact point and there must be accountability. We have to get the balance right because if we do not, what will happen is that people will stop making decisions.

The other thing that happens, and it is one which the Chair and I have spoken about at length, is that the apparatus of the State starts creating processes which cover everybody, where nobody can ever be blamed for anything, and the result of those processes is that nothing happens. The public spending code, which in fairness to the Minister, Deputy Donohoe, has been radically improved recently, has, I believe, 17 stages in it, four of which involve Government decisions at Cabinet, and the result of that is nothing happens. The Chair and Deputy Doherty will be aware that for all of the many things we will not have got right, over the past three years we have expanded the workforce, built more primary care centres, added more hospital beds and had more access to diagnostics than has happened in a very long time. Part of the reason we are now seeing things happen is because the Government and I, and all of this in the Oireachtas, together with my Secretary General, my Department, and Bernard Gloster have been pushing for people to make decisions.

I know we all know this but it is very important that if we as legislators and elected representatives are going to demand that public and civil servants make decisions at a rapid pace, that they do not surround themselves with the kinds of protections and processes that mean no one can ever be blamed for anything, because we brought in this external company, and then we brought in another external company, and then we had the major capitals project look at it, and after that we took another review, and before we actually did anything, we went right back to basics and asked ourselves should we be even doing this in the first place, and it goes on and on and on and nothing happens-----

I do not expect the Civil Service or public service to be perfect. I accept that risks will have to be taken to achieve something and that if something goes wrong, we as public representatives have to understand that but when we are not being told and when what happened is being hidden from clear sight, that is what annoys people. My background is business and I have no doubt I made many mistakes. In politics, I have made many mistakes also, but that is the nature of the human condition, which is that you will make mistakes. I accept that. We need, however, to put before the people the truth so, in opposition, when the Minister put before the people his truth, they might have wanted that man in government to be saying the same things, doing the same things and fighting for those changes he was talking about, because that is what the country needs. This is about a growing up between the public, private and political systems here in trying to get the best for the people we represent. That is very much the kernel of everything.

I go back to the point of good men like Brendan Lenihan and the others who resigned, with their statements having been made afterwards. That does not do the system any good. It raises questions and I would very much love to see Ministers acknowledging the good that some people do and the reasons they left. There is also this thing about the learnings, and God bless everyone with the learnings. That being said, I ask that common sense be applied sometimes and we will get to the end of things.

We have had a reasonable exchange. Deputy Doherty has held the line on his side and, likewise, the Minister and witnesses. We have got an explanation about things, which I am happy about. I will not go there but the last meeting that we had, unfortunately, could have been better. It became theatre rather than what today's meeting was about. Deputy Doherty has a final question to ask on this Thursday evening before we go home.

A lot has been made of the contractor who builds the wall for three times more, that he cannot be ruled out and all the rest. The Minister is aware of the Regulation of Tenderers Bill, which would have dealt with this issue and is in compliance with EU law. My colleague, Deputy Mairéad Farrell, brought it forward in December 2021. The reality is that he voted against it so he cannot complain. When I spoke about this, I used the national children's hospital and BAM as an example of past experience. The Government appointed the contractor, and it was not happy to introduce further measures in regard to tenders. The Minister repeatedly inferred that statements I made were incorrect and they were disputed by the assistant secretary. I take exception to that. I also challenged him to give me an example of that. That type of statement should not go unchallenged. I again make that challenge. In his view, what did I say that was incorrect?

I thank Deputy Doherty for his questions. I must confess I have not read his colleague's Bill.

The Minister voted against it.

I accept that. We are probably agreed in terms of what needs to happen. I have raised this with the Attorney General and Minister for Finance and the consistent message I get back is that it is not a matter that we can fix in domestic law. It is not my area of expertise at all, so I am very happy to be wrong on this, but my understanding is that what we need is a change to European procurement law, because that is what binds us. Perhaps Deputy Doherty and I can work together on exactly that endeavour.

I apologise if I was not clear. I thought I did give two examples. I want to caveat this by saying I would need to see exactly what was said. Deputy Doherty spoke very fast, and he spoke for quite some time. He said a lot of stuff, so I was trying to remember. I am more than happy to be incorrect on these issues. I believe he said that these specialists in the company raised concerns which were ignored. I think he said that but if he did not, he should please correct me. The point I am making is that I am not entirely sure but I guess the board would not agree with that characterisation. I am sorry but there were an awful lot of points raised.

The issue Mr. Tierney spoke to related to the stop order. Deputy Doherty definitively stated that the works had stopped. By the way, that may be the case. All I am saying is the assistant secretary, to the best of his knowledge, is not aware that there was any such stop order. If there was, that is absolutely fine.

I will finish on this point. I know members of the board appeared before the Committee of Public Accounts last night and gave a detailed rundown of this. If I have any of those details wrong, I apologise.

First, in regard to the STS inspections-----

I am sorry to cut across Deputy Doherty but I think the board issued a detailed letter to the Committee of Public Accounts. I am sure we can make that available to the committee.

In relation to the inspections, the STS report to Children's Hospital Ireland states very clearly that none of the issues raised following the Minister's previous visit had been addressed and new ones were discovered. The situation was actually getting worse. That is the first point.

The second point is that the Minister said I was wrong and the Department official had corrected me, which is not true. What I find crazy in this situation is that I do not expect the Minister to be across every screw that is screwed into the national children's hospital or every detail in the hospital, but when an issue arises I would expect him to be au fait with what is happening a week later. I put it very clearly; a stop order was issued. That was only one question, but then the Minister started to dispute the whole thing. A stop order was issued to BAM. The question I have for the Minister is why it was issued but neither the Minister nor Mr. Tierney know it was issued. It was reported in The Irish Times last week that a stop order was issued at the end of May on the 11 operating theatres. The Minister should not have to get his information from The Irish Times or indeed from me here today. Deputy Donnelly is the Minister for Health. This is the most expensive hospital in the history of the world, and it is blooming in terms of costs. There are question marks as to whether this issue could delay the hospital further, and the Minister does not know. I think that is crazy. Taxpayers, children, parents and families deserve to have a proper and excellent hospital. They would expect that the Minister would be hands-on when he hears there is a problem, given what we have seen develop in this hospital in recent years. I accept the Minister was not in government for some of that period, but he is sitting in front of me and he did not even know that a stop order was issued. The narrative here from both the Government and the board is "There is nothing to see here, folks and, sure, these are only four grilles that have to be moved in a ceiling." If that was it, the grilles would be just moved, but that is not the issue. It may not be in the critical pathway but these are critical to the operation of the hospital. It is 11 operating units. The ventilation in an operating theatre is crucial. The first test that was done was on whether the ventilation system was balanced, that is, whether it was working and extracting and putting in air. Of course it was. That was never the issue. The second test that is done is whether it ventilates the room. That is where the problem is because it does not. That is why, after that test in March, a stop order was issued. Does the Minister accept that a stop order was issued?

Again, Deputy Doherty has made a lot of comments. I will try to cover some of them. Issues like this arise in this project regularly. Deputy Doherty is suggesting that every time an issue of this scale - whatever scale that might be – is raised, I would go off and start understanding the laminar air flow within the theatres, the specification of the windows, the paint being used on the floor, or whatever it might be.

That is not acceptable. This is a major project being built with taxpayers' money. That is ridiculous. Seriously, it is beneath the Minister.

The Minister should be allowed to respond.

A major generic fault is what the independent expert report stated to Children's Health Ireland in May and again in November. It is now June. This is not a small issue. With respect, it is not about the colour of paint on the walls. What the experts are telling the Minister is that it will cost more money and involve more delays if the problem is not addressed before the theatres are built.

The Minister should be allowed to answer.

Issues like this are raised on a project like this all the time. Deputy Doherty might think the paint is a minor issue, but in a hospital it is not a minor issue. I can assure Deputy Doherty that I am not being glib. The materials used, the specification of those materials used, how those materials are applied in terms of mechanical and electrical and all manner of design are all critical issues. I assure Deputy Doherty I am not remotely being glib. I am taking his question very seriously and I am answering it seriously. The point I am making is that if I were to get personally involved in the design, construction, manufacturing and specification details every time a material issue was raised, it would not just be on this project but the same would apply to every piece of critical infrastructure around the country, I would not be able to function as the Minister for Health.

Some would argue the Minister is not.

It is absolutely not my role or any Minister's role to be involved every time there is a material technical question raised about a piece of healthcare infrastructure being built around the country. Deputy Doherty may believe that if he was in this role – maybe some day he will be - he would be intimately involved in all of the detail every time a serious issue is raised about a piece of health infrastructure.

I respectfully put it to the Deputy that he probably would not be, because he would not be able to do the rest of his job. That is my position on that.

What we have here, for what it is worth, is I heard Deputy Doherty's colleague, Deputy Cullinane's, interview on "Morning Ireland" and it was apocryphal. According to Deputy Cullinane, the hospital is going to be delayed by one year.

He did not say that.

I believe he did.

He did not say that.

I believe he did say that.

No. He said it can work concurrently but it could lead to delays-----

-----and it could take a year to fix the problem.

However, the hospital is not even to be opened until when? The Minister does not even know. As the earliest date is March, obviously were the work to be started now, it would not delay the hospital by one year, so he did not say that.

I thank the Deputy. To be clear, he went on the national broadcaster and talked about this issue potentially taking one year to fix. He talked about tens of millions of euro and spoke about this in a way that would allow any reasonable listener to believe this entire project was being put at risk by this issue. My belief, rightly or wrongly, is that Deputy Doherty's party was contacted by somebody involved in this. I believe it may have inadvertently been played-----

The Deputy might let me finish. He is free to respond in any way he wants.

I believe that his party may have inadvertently been pulled into what is essentially a pretty tough negotiation between the State and other parties, whoever those parties may be. I am very happy to be wrong on that but that is my sense. The level of apocryphal warnings that were coming from Sinn Féin's health spokesperson are completely at odds with what the development board immediately stated publicly. I am not saying there are not issues. There may well be issues with the airflow. We know the development board has now brought the various experts together on that. I believe this is an issue the development board is managing, however. It stated very clearly that the scale of this is at a tiny fraction of that stated by the Deputy's colleague who, by the way, I believe to be acting in good faith. I do not for a moment believe he is acting in bad faith. It is at a tiny fraction of what was communicated by the Deputy's party.

I hope I am right and I hope Deputy Cullinane is wrong because, ultimately, there are only two things I care about in terms of this project. By a long shot, the first one is getting sick children treated in this hospital as quickly as possible. The second one, which is obviously also critical, is value for money to the State, which speaks to the Chair's point and I know it is the Deputy's view as well.

We have to conclude. We have been here for two and a half hours.

I want to make this point and will finish on it, because the Minister has again tried to play the man instead of the ball. The Minister for Health has a project that has run out of control. We have now spent €1.7 billion on it. It may be more, depending on the sorting out of the claims. We were not the ones who appointed BAM. We are the ones who tried to bring in legislation in order that lowballing is not allowed in the future, which the Government voted against. It was previous Governments and now the Minister's Government that is dealing with BAM.

The issue is that it is not us who are saying it is going to be more expensive. As has been mentioned, independent experts are saying that getting this issue resolved will be more expensive and will become more time-consuming. The board tried to downplay it and say it was four ceiling grilles. The independent experts are saying they are actually major generic faults. I do not know. The STS Consultants report from May, October and November told the board over and over again. Finally, the board did some tests, although they were not normal or scheduled tests. It created a change order to do tests after which we understood there was a failing. Then, a stop works order was made in respect of 11 of the operating theatres, which the Minister did not even know about. I do not expect him to know about all the issues in health infrastructure and I have said that. However, it is the national children's hospital. It is likely going to cost us €2 billion and it has overrun time and time again. I do not expect a Minister for Health to be asleep at the wheel when an issue comes to light that may cause delays or substantial overruns whatever the costs are.

I have the stop order in front of me. The fact is that the Minister does not even know it was issued. The question for me is about why it was changed for them to recommence. The answer to that is there is no point stopping the works in those theatres because the theatres are complete, which was the very problem STS Consultants pointed out in back in May 2022. The Minister needs to sort this out now because if it is left, it will become more expensive and will take more time. It is not an issue of moving four ceiling grilles. The oxygen, electricity and all the services are in those roofs.

After this became headline news on RTÉ and in The Irish Times, did the Minister ask the board for a report regarding why it did not act in May when this was brought to its attention by independent experts to say these are not snagging lists but rather are indicative of major generic faults? Did he ask the board, when its members were on a walk-around with the experts in October, why they did not act or if they did, what did they do? In November, when they got the letter from the experts, what did they do? Why did it take them until March to carry out an unscheduled test? Why did they issue a stop works order to BAM in October? Why, on the day that Deputy Cullinane raised this matter with the Department's Secretary General in this committee room, was the start work order reissued, which makes no sense anyway because the work was completed in those rooms? Why has it now set up workshops to look at how to fix this and how many times have they met? The work order states that this change order will instruct a revision to the RCP, which will "require modifications to installed ceilings and mechanical and electrical services."

There is a problem. The Minister may want to have his head in the sand and just ignore it and all the rest but there is a problem. On behalf of taxpayers and parents and children everywhere, I would expect the Minister to figure out what is going on - not to get involved in the detail of it but to figure out what is going on. The board is telling him that this is a minor issue, but the board members are not experts on ventilation. That is no disrespect to anybody on the board nor is it calling into question their qualifications. Who provided them with that independent analysis that this is a minor issue? If that is the case and if the board knows there is a solution to this that is minor, then why under God has it called these three agencies or operators, mechanical, electrical and main contractor, together in a series of workshops to try to figure out how to resolve this issue if it already knows the solution? The Minister needs to get on top of this. He can come in here and blame Deputy Cullinane all he wants. Whistleblowers came forward and told the Minister that half of the operating theatres in the hospital have an issue with their ventilation, and independent reports state that this was pointed out over 13 months ago and if it is not dealt with, will cause delays and cost money. However, what is another couple of million euro? What is another couple of €10 million? It is a runaway train. I thought the Minister's approach to this was glib today. Playing the man instead of dealing with the issue is beneath him and beneath the seriousness of this issue.

As some of these questions have already been put and answered in a way, I suggest that perhaps the Minister might take the questions that have been asked by Deputy Doherty and gives us a written response. That is the only way we are going to resolve this today. We have been here for two and a half hours and I am obliged to take a break, which all participants know, or conclude the meeting. I suggest we conclude and give the questions to the Minister to reply to us unless the Deputy wants a short comment. I do not want to get into another round of questions, however.

I thank the Chair very much. Of course, we will follow up with a detailed note. Deputy Doherty would not expect me to accept the characterisation he just provided at all, which I entirely refute. The Deputy just repeated the line that this could cost a couple of tens of millions of euro.

I asked what is another million or tens of millions? The approach the Minister is taking is a hands-off approach.

With respect, if the Deputy is going to start-----

The Minister has done this so many times.

The Minister might just conclude and please provide the information.

The Deputy can be as robust as he wants in his questioning of me and accuse me of whatever he wants, but he must then let me respond.

He has just said the phrase “a couple of tens of millions”, which is exactly what his party colleague said on RTÉ, and he referenced the fact that this could take a year. What I am stating very clearly is that the agency we have managing the project on our behalf flatly refutes that. In fact, not only does it refute it but it points out that the costings have not been done. The point I was making is that we just need to be very careful that, in our best efforts, we are not in fact furthering the agendas of different groups of people involved in this. Why have they got workshops? It is for the very reason that we have discussed, which is because the matter has been raised and they are bringing the experts together to look at this.

I think the Deputy’s characterisation of how the board has responded to this, if I may say so, is very unfair. I do not mean to cast any aspersion on the committee whatsoever, of course, but the Deputy is making some fairly serious allegations as to the competence of the board, which is entirely his right, but it would only be fair for the board to be able to respond to these points. Certainly, on the Chair's point, we will provide a detailed note back to the committee and, to the best extent possible, we will address the issues raised.

In conclusion to all of this, if the board or anyone else associated with this project, because they have been named here, wants to come before the committee and give further explanations, then the invitation is there for them to come, be it the company, be it the different agencies that we spoke about or whoever has been named.

I would like to make a concluding remark. There are people who were not here. I made it very clear that I was not calling into question the competence of the board. I made it clear that in relation to-----

Go back and look at what you said.

I said they are not experts in ventilation and I would not expect them to be. The question I have is: Did they get a report from experts to actually give them a price or a timeframe?

Fine. I would respectfully respond to that-----

Nobody would expect them to be experts in ventilation systems.

The Deputy did say that, in fairness. I invite him to look back at his last contribution in terms of why the board did not do this, why did they not do that, why did they not do the other, why did they not respond to this letter. Neither the Deputy nor I can answer that question.

You should be able to answer. I asked why you did not not ask them that. This is the problem. You are asleep at the wheel.

You should ask them that. You are the Minister for Health. These are fair questions. If I was Minister for Health, I would be asking them those questions.

If you are both going to insult each other, this is going to go on all night. I am calling a halt to it.

I thank the Minister and his officials for coming in. I ask him to please provide the answers to the questions. As I said, there is a standing invitation for anyone involved in this to contact the clerk and they are invited to attend and address the issues that were raised.

In an effort to be helpful, I ask that the committee send us the questions.

We will send the blacks. I assume that is what the clerk will do.

The joint committee adjourned at 4.33 p.m. until 1.30 p.m. on Wednesday, 28 June 2023.
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