Simon Harris (Wicklow, Fine Gael) | Oireachtas source

We receive a significant amount of correspondence every week, deal with it at a meeting and make a decision on what to do with it. In my three years on the committee - the Chairman has been a Member for longer - I cannot recall a time when we reviewed that decision at the next week's meeting. We made a decision and had an extensive discussion on it.

This is where I disagree with Deputy McDonald. We did not decide to hold the meeting in private session for legal fears, although many of us had those fears. The actual reason that we decided to hold the meeting in private session - I am sure the clerk can confirm this, as it is on the record of this committee - was that we received a written request from Sergeant McCabe to receive his evidence in private session. We never got to the stage where we had a debate or division on whether we should have the meeting in public or private.

Sergeant McCabe was at the meeting. He is privy to what was discussed at it. I made the point last week that if Sergeant McCabe's legal advisers wanted access for some reason to an audio tape or to hear what was said for his legal protection, it would be quite different from producing a transcript. However, we were told quite clearly last week that we did not have the power and had to go to the Committee on Procedure and Privileges, CPP. We were also told by our legal advisers at the private session meeting, which has now been extensively discussed, that there were things said at that meeting that, if a transcript was produced, would have to be redacted. We have now been told very clearly by the clerk from the advice he sought that there is no such thing as a redacted transcript, that it cannot be redacted. That was what we were clearly told last week. I can recall things that were said at the private meeting - it was held in private for a reason - that, if they were to be published, could pose legal difficulties for the whistleblower. That is the clear legal advice we were given. I do not know why we are reviewing a decision that we have already made.