Enda Kenny (Mayo, Fine Gael) | Oireachtas source

I assure Senator Crown that the Government felt that it was important that because the tribunal had gone on for a considerable period that there should be an interim report on a regular basis from the sole member. That was not to interfere in any way with his right or responsibility to run the tribunal as he saw fit. I am pleased the final report was eventually produced. Some conclusions are being contested by members and former members of the Garda.

There are 41 Bills to be produced in this session of the Dáil. Two of those will become law before the summer. One deals with whistleblowers and the other deals with freedom of information. I say to Senator Daly that, unfortunately, these were matters that had been around for a very long time. The legislative agenda of the Dáil and Seanad is crowded enough. I accept and I would have liked to see a more even flow of legislation coming through in the first weeks but between the Office of the Parliamentary Counsel and the complex issues that arise in many pieces of legislation, the Senator's assumption that one might be able to produce the legislation by X date does not always stand up. We have changed the rules in that when heads of Bills are approved by Cabinet they then go to the committees for public consultation. There is engagement with civic society and the committees bring in the letter writers to the newspapers, groups, associations and organisations to give their view and to get the best analysis we can from members of the public on what is their country and the laws that should apply to them. To get that right takes a more comprehensive and thorough approach but it probably takes a little longer. The old way of dealing with legislation is no more. That in itself is an element of a democratic resolution of which I am very proud as so many new voices, issues and dissenting voices can be heard in the process of the analysis of legislation. Such things are important. The Bills on whistleblowers and freedom of information will come through the Seanad.

People can be criticised for failures to measure up to perfect management. I am not by any means perfect but I appreciate that what we want out of this is a Garda force that is respected, has integrity and is seen to be competent, professional and transparent in the way it goes about its work. The men and women who serve in that force need to understand and have a sense of pride in their work as the only barrier between criminal activities and law-abiding citizens. It is the responsibility of Government to see that they are given the facilities to do the job we charge them to do through many different sectors of society.

Senator Zappone mentioned transparency and urgency. I hope that in the analysis of the way he goes about his work, Mr. Justice Fennelly will move through the investigation in whatever way he thinks appropriate with as much speed as possible. Between the commission of investigation and the decision to have a new process for the selection and appointment of a competent person to be the Garda Commissioner - the Government decision was in fact was a joint proposition by both parties in government in 2006 - we will have a statutory independent authority for the future. Out of all of the culture shocks and very difficult, intractable and complex situations we will get a new regime in terms of the structure, running, presentation, personnel and movement through An Garda Síochána. We need answers to those questions from our justice system. If I were to read out what arrived on my desk in the past fortnight one would say it is very difficult to know whether the allegations made are true, false or will stand up. We must define who is responsible for determining that. I could come to the Seanad and say we need another half dozen inquiries but I must find the trail that led to these allegations to see whether they were investigated and if they stand up or not. It is all part of having clarity about the rights of citizens and the rights of people who serve in agencies, organisations and authorities as well to be able to do their job responsibly.

I commend the Senators for their contributions. The commission of investigation and its terms of reference are very forthright and comprehensive and they will allow Mr. Justice Fennelly to do the kind of job I know he can do in the interests of the country.