Dáil debates

Tuesday, 25 February 2014

4:05 pm

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

I thank the Taoiseach for his reply. Of course I accept that he is not in a position, in any shape or form, to arbitrate on or test the veracity of the very serious material in the dossier he has. However, that material was with the Minister two years ago and was supplied to the confidential recipient over two years ago. The Taoiseach knows, having read it, that the material jumps out at the reader. It is not satisfactory to say that because a person was convicted of murder in one instance, this is the end of the matter. That misses the point entirely, as the Taoiseach knows.

The senior counsel the Taoiseach is appointing will not have a statutory basis for his investigation, will not have powers of compellability and so on. The only vehicle that can enable the Government or the Oireachtas to do that is a commission of investigation under the Commissions of Investigation Act 2004. That legislation has proven to have the capacity to investigate these matters, which are very serious and which, in fairness, the Taoiseach has acknowledged as being very serious. It is the only vehicle to do it effectively, efficiently and with confidence. For the victims and the families of the victims - at least the family I met - their big fear simply is that this will all be covered up again. I am just making the point that from a layperson's perspective, that is how they look at the world. That is how they look at desktop reviews and all the palaver and general language around all of that. Unfortunately, that is the conclusion they will be afraid of.

I noted from the Taoiseach's reply that he has not ruled out a commission of investigation. I would have been happier if the Government had appointed the senior counsel and given him the task of scoping out the basis for a commission of investigation. That would be a stronger position and one that could quite readily be done. The Taoiseach would have my support if the role and function of the senior counsel is to scope out the basis for the initiation of a commission of investigation and to meet the key people concerned and engage with them.

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