Local Authority: Cavan County Council
Issue: False invoices
In 2017, Cavan County Council found itself at the centre of an unwelcome controversy.
A council employee had made a protected disclosure, alleging that "false invoices" had been submitted to the council for work that was not carried out, but for which the council had paid.
The council commissioned an external investigator to review the allegations and prepare a report on the matter.
It was reported that two companies were at the centre of the investigation.
This report was completed in August 2018 – but the report has never been published, and the council has refused to release it.
More than three years from its completion, it continues to gather dust on the shelves of the council and the Department of Housing, Local Government, and Heritage.
Last year, RTÉ Investigates submitted a request under the Freedom of Information Act to the council to ask for details concerning the report's costs. We were refused. The council claimed, among other reasons, that the release of those records would adversely affect its "management functions as they relate to the management of its staff".
Last September, we sought copies of invoices submitted by two named companies to the council, but the council refused our request because the records related to matters that were "subject of an ongoing Garda investigation".
The council explained that "the release of any such records could prejudice or impair the said investigation", adding that "the existence of any such records is neither confirmed nor denied".
But when we asked An Garda Síochána if it had received a report from Cavan County Council about this issue and if there was a related ongoing investigation, it told us last October: "Gardaí in Cavan are not aware of any investigations in relation to this matter, at this time."
We relayed the Garda response to Cavan County Council as part of an application for internal review of its decision, but the council upheld the original refusal.
On this occasion, however, it referred to an "ongoing investigation" – dropping the "Garda" reference.
We were also refused other requests for related records because of an "ongoing investigation".
When we then told the council that it had dropped this reference to the Gardaí and asked who was conducting the investigation that it had cited, it replied: "This matter is ongoing. Cavan County Council will not be making any further comment."
We had separately also submitted a request to the Department of Housing, Local Government and Heritage, which is also in possession of the report.
In a decision issued in February, the department’s decision-maker told us: "While the Report did not find that any criminal activity had taken place, the Council have confirmed to me that the report was referred to An Garda Síochána."
"The Council have also confirmed that they have recently been in contact with An Garda Síochána in relation to the report and that they have not been advised from An Garda Síochána that the file is closed."
In further queries sent to Cavan County Council, we asked if it could explain the apparent conflicts of evidence between it and the Gardaí and if it could confirm when it did, in fact, make a report to the Gardaí.
In response, it said: "Cavan County Council will not be commenting on this matter at this time."
However, earlier this week, the Garda Press Office came back to us with a new response on the matter.
This time, it told us: "An Garda Síochána has received correspondence which is currently being assessed to determine what if any Garda action is required."
