Katherine Zappone (Independent) | Oireachtas source

I welcome the Taoiseach to the House. Three years ago the Irish electorate voted for this Government because they wanted a new form of political and administrative governance that offered transparency and open communication with the public. They voted to bring a new system of governance to the Irish State that would move beyond the scandals and corruption that were endemic in the past.

In light of the unfolding of the multiple dimensions of this current crisis regarding An Garda Síochána, various Departments and State bodies and offices, it is vital that the Government demonstrate an energy, an alacrity and a commitment to dealing with these issues immediately and with all the resolve necessary and transparency expected. There is a lot of disillusionment at present and a sense that the expectation of a new form of governance has not been delivered and that the people's hopes have been bruised.

The Taoiseach's decision to establish a commission of investigation with terms of reference of such breadth, including some suggested to him by the Joint Committee on Justice, Defence and Equality, of which I am a member, is to be welcomed. The commission of investigation is vital to restoring public confidence in the Garda Síochána, which has taken a considerable blow in recent months, and is also vital to supporting and ensuring strong morale within the Garda Síochána. The commission of investigation is critical in demonstrating the Government's commitment to transparency, openness and accountability in the State. For that reason, it should be given all necessary resources and be concluded as quickly as possible.

The breadth of the terms of reference should allow the commission as much scope as is needed to investigate all the details of the recordings and other issues, some details of which may only come to light through the inquiry. That is the reason point (q) of the terms is particularly welcome. For example, the inquiry must be empowered to establish the lines of responsibility and knowledge within An Garda Síochána and the Department of Justice and Equality with regard to the recordings. I say this because the focus appears at times to be more on the Garda, yet it seems implausible that the authority to undertake recordings was restricted to the Garda Síochána and undertaken solely at its initiative without reference to the Department of Justice and Equality. Such independent action by the Garda Síochána seems all the more unlikely given what we have seen about the proximity of the relationship between the Department and Garda management.

I welcome the establishment of the commission of inquiry and the breadth of its terms of the reference. I acknowledge the Taoiseach wishes to establish the truth. Even at this late stage it is critical that the terms of reference be amended to ensure the transparency, urgency and open communication with the electorate that the Taoiseach promised. I urge him to consider my suggested amendments. There should be maximum transparency and the inquiry should be held in public, except where there are clear, identifiable and justifiable grounds for not doing so, which should be limited and explicitly stated. This was also recommended by the justice committee. The terms of reference should be amended to prioritise the sequence of events leading up to the retirement of the former Garda Commissioner, the handling of correspondence and information by the Department of Justice and Equality and the administrative procedures in place within the Department governing the transfer of knowledge from officials to the Minister. Further, the commission should publish an interim report on these matters within a period of eight weeks. This, too, was recommended by the justice committee. Eight months is too long a period for the public to wait with regard to these two issues. If administrative and governance problems exist they need to be discovered as soon as possible and fixed as soon as possible.

I propose an amendment with regard to open communication, in that interim reports should be produced by the commission, as I have already mentioned, and that the commission of investigation report should be laid before the Houses of the Oireachtas and published. In my view there should be a timeframe of a maximum of 30 days after its receipt by the Taoiseach. Because the Commissions of Investigation Act does not explicitly require publication, the publication of the commission's report should be included in the terms of reference. If the Oireachtas and the public do not have the report of the commission in as timely a manner as possible, how will the people and their representatives know what is wrong and be able to engage in a proper public debate about what reforms are necessary? I welcome the Taoiseach's announcement about the other debates on policing and wider justice reform.

In conclusion, I believe these amendments establishing transparency, urgency and open communication are critical if the Government is to deliver on its promises to the electorate.