Ciarán Lynch (Cork South Central, Labour) | Oireachtas source

The Committee of Inquiry into the Banking Crisis is now in public session, and can I ask members and those in the public Gallery to ensure that their mobile devices are switched off? We begin today's hearings with Mr. Paul Gallagher, former Attorney General. I would like to welcome everyone to the public hearings of the Joint Committee of Inquiry into the Banking Crisis.

At this morning's sessions we'll focus upon the legal advice given to the Government during the crisis period. At our first session we will hear from former Attorney General, Mr. Paul Gallagher. Paul Gallagher was Attorney General of Ireland during the period of 2007 to 2011. Mr. Gallagher's appearance here today has been facilitated by a decision of the Government to waive legal privilege in respect of his oral evidence to this inquiry, having regard to the exceptional circumstances of the financial crisis and the important mandate of this committee to inquire into the financial crisis. This of course cannot be interpreted as encroaching on the confidentiality of Cabinet discussions, which cannot be waived by the Cabinet. In addition, the waiver does not extend to discussion of legal advice that could prejudice any litigation pending or anticipated regarding matters the committee may seek to inquire into. Mr. Gallagher, you're very welcome before the committee this morning.

Before hearing from the witness, I wish to advise the witness that by virtue of section 17(2)(l) of the Defamation Act 2009, witnesses are protected by absolute privilege in respect of their evidence to this committee. If you are directed by the Chairman to cease giving evidence in relation to a particular matter and you continue to so do, you are entitled thereafter only to a qualified privilege in respect of your evidence. You are directed that only evidence connected with the subject matter of these proceedings is to be given. I would remind members and those present that there are currently criminal proceedings ongoing and further criminal proceedings are scheduled during the lifetime of the inquiry which overlap with the subject matter of the inquiry. Therefore, the utmost caution should be taken not to prejudice those proceedings. Members of the public are reminded that photography is prohibited in the committee room. To assist the smooth running of the inquiry, we will display certain documents on the screens here in the committee room. For those sitting in the Gallery, these documents will be displayed on the screens to your left and right and members of the public and journalists are reminded that these are documents and that they are confidential and should not publish any of the documents so displayed.

The witness has been furnished with booklets of core documents. These are before the committee, will be relied upon in questioning and form part of the evidence of the inquiry. So with that said, if I can now ask the clerk to administer the oath to Mr. Gallagher please.