Oireachtas Joint and Select Committees

Wednesday, 6 December 2017

Joint Oireachtas Committee on Justice, Defence and Equality

Functioning of the Department of Justice and Equality: Department of Justice and Equality

9:00 am

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

Ms McPhillips is very welcome to respond to the Senator's contribution in tandem with my question. I want to properly convey the importance of Deputy Jack Chamber's request. I believe it has the imprimatur of the committee and is not just an individual request. I know, from the assent of members here, that we are all asking that Ms McPhillips seeks a green light to publish, as has been requested.

Ms McPhillips made the point about other means of communication being explored in response to Deputy Kelly's question on whether there are other records of communication relevant to the work of the tribunal. Other colleagues have used other fora to present the case. However, I can only speak for my own contribution in the Dáil last Wednesday, when I made the same specific point and urged that it be investigated. It is quite clear to me, as a Deputy and Chair of this committee, in terms of the Ms McPhillips's responses earlier, that there has been, by deed or design, a special working relationship between her office's position and that of the Minister and the Garda Commissioner. There is of course a developing relationship there - Ms McPhillips is six days into her new position - and I have no doubt that in six weeks' time she will be able to reflect a little bit more upon it. It is absolutely essential that means of communication other than office communication - email transmission - including any private means of communication should be brought into the net for examination at the Charleton tribunal. That is imperative. I stated this very clearly in the Dáíl on Wednesday night last and in support of what Deputy Kelly said earlier. I am of the view that the Department should not wait to be asked to provide such communications. Inquiries should be made of Mr. Justice Charleton to see if he requires, or if he would appreciate, the inclusion of other modes of communication that may be in the private possession of anyone involved in all of this. Perhaps there is other information out there that has not been revealed yet that would be critical to the work of the tribunal. I urge Ms McPhillips to take that step.

The points that Deputy Clare Daly and Brophy and Senator Conway made about the small cadre of people who would have information and who would have been directly involved are interesting. If I were one of these people and all of this was swirling around, I would have taken an individual step to examine my own records. It would not be a case of waiting for someone to come to me and ask. Those in the Department who were directly involved should have individual accountability and should have openly and voluntarily gone through all of their own records and proffered anything relevant. It is good that a trawl was done - and of course it should have been done in the most comprehensive way possible, but are there people who may have forgotten or did not know that there were other communications available? If they had taken the initiative and checked themselves the question might have been answered and public confidence might have been restored. It is something that needs to be done. We are talking about a small number of people who would be able to shine a light on this. They should step up to the plate and play their part.

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