Alan Kelly (Tipperary, Labour) | Oireachtas source

The Garda Síochána has responded to the committee with a range of correspondence. I would like to highlight two issues with which I am not happy. First, when we were discussing issues relating to the Garda College, a document was sent to the then Garda Commissioner by the head of legal affairs, Mr. Ken Ruane, in July 2017. I understand it was a letter rather than a legal document but, nevertheless, the then Garda Commissioner claimed legal privilege. When the current acting Commissioner, Mr. Dónall Ó Cualáin came before the committee, I asked him whether he would release the document because the commissioner is no longer in place and one cannot claim privilege when one is no longer the Garda Commissioner. I asked for that document to be released. It is now four or five months later and we have received a two-line reply stating that the committee was previously advised in respect of the claim of legal privilege regarding the legal advice provided to the former Commissioner. The position remains unchanged. That is a joke. Frankly, it is unacceptable. It is unacceptable as a reply. It does not look as if the request was considered. It looks as if they were ticking a box to say that they came back to us - only because they were chased. On the substantive matter, the acting Commissioner has not explained why he will not release a document which was given to the previous Commissioner, who claimed privilege in the role as commissioner but who is no longer in place. How can Mr. Ó Cualáin, as acting Commissioner, claim privilege in respect of a document that was sent to the previous Commissioner, who is no longer in place? Even if he has some argument as to how he can do this, he needs to explain it to the committee. This two-line letter is an insult to the Committee of Public Accounts. It speaks volumes about what the acting Garda Commissioner thinks of the committee. We need to respond, asking that the Garda authorities write back within a week and give a full explanation as regards that document. We should also indicate that the document be released.