Seanad debates

Wednesday, 16 April 2014

Commission of Investigation (Certain Matters relative to An Garda Síochána and other persons) Order 2014: Motion

 

4:10 pm

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail) | Oireachtas source

I welcome the Taoiseach. We support the establishment of the commission of investigation. However, I do not accept the Taoiseach's explanation as to why this investigation cannot be done on a modular basis. Many of the issues raised, such as the illegal taping and the Bailey case, are of public concern and require an investigation such as that which the Taoiseach outlined. However, in regard to terms of reference (n) and (o), the Taoiseach could clarify the information, the timeline and his involvement in respect of the forced resignation of the former Garda Commissioner, Martin Callanan. That does not require a commission of investigation. This is a €2 million cloak around one issue in which the Taoiseach and the Minister for Justice and Equality, Deputy Shatter, found themselves embroiled and this is a way to get out of it, namely, by sending it to a commission of investigation along with everything else. That said, we will support the motion.
I wish to ask the Taoiseach a few specific questions on terms of reference (n) and (o). Why is it that one month after only the second Garda Commissioner in the history of State was effectively removed from his post, the Taoiseach has not outlined his involvement in that matter? As I said, that issue does not have to be part of an investigation. The Taoiseach outlined very serious matters which should be part of the investigation but I believe, as do my colleagues, that the issue relating to the resignation, retirement or forced retirement of the former Garda Commissioner could be dealt with by the Taoiseach this evening.
I have a couple of specific questions in that regard which the Taoiseach may be able to address. The Taoiseach and the Minister, Deputy Shatter, sent the Secretary General of the Department of Justice and Equality to the Garda Commissioner's house on 24 March. What did they ask the Secretary General to say to the former Garda Commissioner? Did they tell the Tánaiste on 24 March that they were sending the Secretary General of the Department of Justice and Equality to the former Garda Commissioner's house? What was the Secretary General asked to say? Was he instructed to say anything in particular to the former Garda Commissioner? Was the Garda Commissioner effectively told at that Monday evening meeting his position was untenable? Apparently, it was a courtesy call, which I do not believe.
What I find even more remarkable today, having read reports in the Irish Examiner, that the Tánaiste is demanding answers on the circumstances of the former Garda Commissioner's resignation. To me, my colleagues and many people outside this House, that is incredible because surely the Tánaiste should just ask the Taoiseach and his Cabinet colleague, the Minister, Deputy Shatter, about the circumstances of that Monday evening courtesy call by the Secretary General to the former Garda Commissioner.
The Attorney General telephoned the Taoiseach on the Sunday about the taping concerns. I agree with the Taoiseach that they were very serious concerns but why did it take him until Monday evening to tell the Minister for Justice and Equality? Are we meant to believe that at the Monday evening meeting, which the Taoiseach had with the Minister, Deputy Shatter, the Secretaries General of the Department of the Taoiseach and Justice and Equality and the Attorney General, that he did not discuss the former Garda Commissioner's letter sent to the Department of Justice and Equality which apparently was not passed on to the Minister? At that Monday evening meeting with all of these people, what was discussed if that letter was not discussed? As a citizen - forget about the fact I am Senator - I genuinely cannot understand that. The Attorney General knew about these taping concerns at least since last November. Am I meant to believe that the Attorney General never once mentioned this to the Minister for Justice and Equality even though she sits at Cabinet?
While supporting the broad thrust of the investigation, what the Taoiseach and the Government are telling the people about the circumstances of the forced resignation of the former Garda Commissioner is just not credible. For whatever reason, the Taoiseach has decided time after time to circle the wagons around the Minister for Justice and Equality in respect of whose Department four separate inquiries are taking place. The Taoiseach chairs a sub-committee of Cabinet to oversee what is happening in justice. Why does the Taoiseach not provide clarity on the timeframe and the circumstances around the forced resignation of the former Garda Commissioner because he was involved? That does not require to be part of this investigation. If the Taoiseach believes it does, then he should allow it to be done on a modular basis because, as he rightly says, he wants to get to the truth. The Taoiseach is in possession of the truth in respect of a major part of this and I ask him to state it in the Seanad this evening.

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