Statement from CPP on PAC application for powers to compel

16 July 2014

The CPP took independent legal advice from Caroline Costello SC, as well as the Office the Parliamentary Legal Advisor within the Oireachtas, and gave detailed consideration to both requests.

This is the first occasion on which compellability applications were considered under the Inquiries Act 2013 and the CPP was advised that it had an important supervisory function under the Act. In this regard, it could not unreasonably refuse a request that is in compliance with the requirements of the Act, nor could it grant compellability powers where it would not be lawful to do so. It follows therefore that the CPP cannot act arbitrarily or make a decision based on political considerations.  

The CPP gave its consent to PAC to issue directions in relation to three witnesses who had an involvement in the operation of the National Health and Local Authority Levy Fund. It also consented to the issuing of directions in respect of a report prepared by Grant Thornton into the operation of the fund.  

In relation to the application concerning Rehab, the CPP declined to give its consent. The CPP formed the view, based on strong legal advice, that the Public Accounts Committee is only empowered to proceed with the examination of an account audited or report prepared by the Comptroller and Auditor General (C&AG) after it is presented to Dáil Éireann. As Rehab is not audited by the C&AG and accordingly no report exists, the PAC does not have the legal authority to examine the use of public monies by the Rehab Group.

The decisions on both requests were taken by unanimously by CPP.

CPP also noted that the legal advice it had received from the Office of the Parliamentary Legal Advisor was entirely consistent with that given by Caroline Costello SC.

ENDS

Media enquiries to:
Mark Mulqueen, Houses of the Oireachtas