Ex-Rehab bosses cannot be forced to go before PAC

The Dáil’s Public Accounts Committee is seeking outside legal advice after claiming its investigation into the scandal-hit Rehab charity is being "nobbled" by another Government body.

The cross-party group made the allegation after it emerged they are unlikely to be able to force ex-Rehab bosses, Angela Kerins and Frank Flannery, to submit to further questioning.

Under Dáil rules, if any committee wants to compel an unwilling person to attend, they must put in a request to the Committee on Procedure and Privilege, chaired by Dáil Ceann Comhairle and Fine Gael TD Sean Barrett.

After a high-profile stand-off between the PAC and the ex-Rehab officials, it was decided last month that the rarely used request option would have to be made in order to find out how much public money and donations went directly to top level officials at the charity.

It had initially been expected that the CPP would back the PAC’s call for Ms Kerins and Mr Flannery to attend.

However, speaking at the latest PAC meeting, group chair and Fianna Fáil TD, John McGuinness said the CPP decided on Wednesday evening that neither figure can be forced to turn up at this stage.

While the CPP decision — which was made in private but took just 20 minutes to discuss — said more details on why the PAC wants to grill Ms Kerins and Mr Flannery further must be provided, the delay on any final decision has been taken by PAC members as a de facto rejection.

As a result, the PAC is now seeking outside legal advice on the matter, claiming they are being “nobbled” by the CPP.

“This is a refusal by any other name,” said Independent TD Shane Ross, who attempted to attend Wednesday evening’s CPP meeting but was refused as it was held in private.

“It’s absolutely imperative that we do get this information and we don’t meet a brick wall whenever we try to investigate matters like this further,” he added.

His concern was echoed by other PAC members, including Sinn Féin deputy leader Mary Lou McDonald, who said there is “an attempt to nobble our work”.

The CPP decision to effectively prevent any further questioning of Ms Kerins and Mr Flannery — a former senior Fine Gael advisor — is the latest part of a lengthy battle between the PAC and the ex-Rehab officials.

The unanswered questions relate to €409,000 worth of consultancy work from Rehab for Mr Flannery since 2006; the exact income of both individuals; and the unexplained coffins importation saga.

Since attending a lengthy PAC grilling earlier this year Ms Kerins has refused to return for health reasons and has threatened to sue over the “grossly unjust” attacks on her — a position also taken by Mr Flannery.

A similar CPP decision has also been made into the separate issue of the Siptu “slush fund” scandal, which saw large sums of money rerouted for foreign trips.