Mary Lou McDonald (Dublin Central, Sinn Fein) | Oireachtas source

That Sergeant McCabe requested the meeting to be held in private is correct. However, it must be recalled that was on foot of the committee asking him to take legal advice. It should be borne in mind that a legal adviser was present for the duration of the meeting. It is nonsense to suggest that somehow we could go to the final frontier in terms of our line of questioning. I believe we were, as a committee, very tightly monitored and disciplined in terms of our having to remain within very strict parameters when questioning the witness. That does not tally with the facts.

I reiterate the meeting was held in private because of legitimate legal concerns. That is the only reason the meeting was held in private. It was not because Sergeant McCabe was any less entitled to a public hearing before this committee. There were legal concerns on his part and on the part of the committee. That is how we went about our business. We are now at the far end of that process and the sergeant has, through his solicitor, requested a transcript not of the evidence of another witness but of his evidence. Sergeant McCabe was the only witness before the committee during that meeting. He has requested a transcript of that meeting but for some procedural reason or some archaic notion within this system, he cannot have a transcript as requested through his solicitor. We are telling him he cannot have a transcript of his evidence despite that every other witness on this issue gave evidence in public session, all of whom were free to put whatever they liked on the public record. It is absolutely and utterly absurd. In a spirit of frankness with fellow committee members, I interpret that as a political decision. I do not see it as consistent with our standard practice nor do I see it as in any way legally defensible, current Oireachtas practice notwithstanding. There are many established practices which, quite frankly, we could well set aside.

I know we are dealing with this as a matter of correspondence from myself and Deputy Ross. I would like this decision revisited today. It remains my position that the transcript ought to be made available to the sergeant.