Mr. John O'Callaghan:

One has to go back to the genesis of the tribunal which was two protected disclosures that were referred to Mr. Justice O'Neill, who reviewed them and then recommended the establishment of a commission of investigation. There was nothing in the protected disclosures that alleged or suggested that the Department was party to anything. None of the terms of reference of the tribunal are directed at the Department per se. It is investigating other issues. The sense in the Department was that we handed over to the Charleton tribunal the material we had that was directly relevant to its terms of reference, for example, to start with, the O'Neill report, the protected disclosures that gave rise to the O'Neill report and a number of section 41 reports that touched on it. It was not in our contemplation that there was other material that was relevant to the terms of reference in our possession or that we had knowledge of at the time.