Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

The answer to that is "Yes". The terms of reference are designed insofar as is possible to get at the full truth of all of this. In the context of the terms of reference, I should say that not I but the Attorney General has been in contact with the retired High Court judge who it is anticipated will undertake this task. When the terms of reference are announced, we will announce who that judge is so that the judge being appointed is satisfied that the terms of reference are appropriate. Of course, if there is a difficulty with the terms of reference and the judge asks that they be extended in some shape or form, I could not imagine that there would any difficulty about doing that. I would certainly bring any such proposal if it came to me or through the Attorney General to Cabinet. I think it would have to formally come through me. It would be taken to Cabinet and I could not see any circumstances in which Cabinet would not agree to that. Indeed, I think there is precedent for this in the past.

The procedure we are adopting in appointing a retired judge to conduct an inquiry of the nature proposed is not particularly different to the procedure adopted by previous governments to arrange for an inquiry to be undertaken on difficult or controversial issues or where a matter of a factual nature is in dispute. There is no mystery about this. Of course, we are talking about a retired member of the High Court. His or her brief will be to deal with the matter entirely independently. There would be no point in appointing a retired High Court judge not to do that. Neither I nor any other member of Cabinet, member of this committee, Member of the Dáil or Seanad nor anyone else in the broader community will have influence of any description. The judge will go about his or her work and will be provided with any technical back-up systems required. I was asked about that earlier and omitted to reply to that question. He or she will also be provided with any secretarial assistance required. I presume the back-up technical assistance will be of a nature that is entirely independent and nobody can cast aspersions in any way to suggest that it will be less than independent.

Perhaps there was some suggestion yesterday evening that the technical back-up might be provided by members of the Defence Forces. Of course, in an ideal world, they have great expertise in this area but I know the moment that was suggested, someone would say that I am Minister for Defence and that it is inappropriate that members of Defence Forces become engaged. For fear that this would be perceived as some indirect interference by me or influence from me over the process, technical experts must be identified who belong to neither of the companies involved. It is for the judge to identify appropriate people and whatever resources that are required will be provided to facilitate that.