Kerins threatens legal action against PAC

Former Rehab chief executive Angela Kerins has threatened legal action against the Public Accounts Committee (PAC) in advance of an anticipated ruling later this week that it cannot compel her to attend a hearing and answer questions on how the charity's money was spent.

The committee, which is seeking to compel Ms Kerins and another former chief executive, Frank Flannery, a former Fine Gael activist and close associate of Taoiseach Enda Kenny, to come before it, is expected to be informed this week of new rules drawn up by the Committee on Procedure and Privileges (CPP) on compelling witnesses to attend Oireachtas committee hearings.

They are expected to confirm that the PAC has no powers to compel the two to attend a hearing because Rehab is outside its remit, given that it is not a State agency and its accounts are not audited by the Comptroller and Auditor General.

Serious issues

Ms Kerins’s solicitor,

Aidan Eames

, said yesterday the PAC and its members now had serious issues to address.

“We are currently considering all legal issues arising, including possible legal action for the harm done to Ms Kerins and to her reputation as a result of this debacle,” he added.

Mr Eames said the committee’s “haphazard” approach to the issue was indefensible, with members making unfounded allegations against Ms Kerins in the print, electronic and social media while the meeting she attended for seven hours last February was still in session.

No confidence

He said Ms Kerins would not attend the PAC in a voluntary capacity because there was no confidence the treatment meted out to her, resulting in serious medical harm, would be any different from the last time.

PAC chairman John McGuinness TD, of Fianna Fáil, said he would not comment on the matter until the CPP had formally communicated its decision to his committee.

PAC members Sean Fleming TD (FF) and Robert Dowds TD (Labour) renewed their call on Ms Kerins and Mr Flannery to come before the committee, irrespective of the legal position.

Mr Fleming said members of the Oireachtas, including the Taoiseach and Ministers, had asked them to do so, and their refusal was damaging the charity sector.

Mr Dowds said he would be particularly perturbed if Mr Flannery, who had played an important role in national politics, failed to explain if any of his work led to Rehab receiving government money.

Severance payment

Ms Kerins resigned as Rehab chief executive in April and told the PAC she could not meet a request to attend a further meeting because of ill- health. Rehab refused to say whether Ms Kerins, who had a reported annual remuneration package of €272,400, would receive a severance payment.

It also emerged that Mr Flannery, who had served as a director of the charity for a time after retiring as chief executive, was paid more than €409,000 in professional fees for consultancy services by Rehab over a seven-year period.

Mr Flannery resigned his organisational role with Fine Gael and handed back the pass that allowed him access to Leinster House.