John McGuinness (Carlow-Kilkenny, Fianna Fail)
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When we heard the witness, at the end of the meeting he was asked did he want the transcript and he said that he did. I think it was Deputy Eoghan Murphy who suggested that he should get legal advice.

Following that, this letter came in. I take Deputy Eoghan Murphy's point that the solicitor was simply expressing the view, if one likes, of Sergeant McCabe that he would like to have the transcript or that he would seek a transcript. I asked the clerk to the committee to listen back to the tape of that meeting and it was said that a request would be considered. It did not say that we would release it, Deputy Ross; it said that it would be considered. Last week, in my absence, the meeting decided, considered and reached a decision in relation to that.

There are one or two issues. The first issue is the letter we received from the solicitor representing Sergeant Maurice McCabe. It has to be checked if that letter is asking for the transcript as a legal right of a witness, whether it was in private session or not. Second, the Committee on Procedure and Privileges has been quoted. This matter was dealt with but I propose that we seek clarification from the CPP. I want to know what it is about, how it impacts on the committee and how it distinguishes between that private session and something else. It is really just on a point of information, because we have been discussing it here and one can get the facts, but the decision, as far as I can make out from the minutes, was made last week. If that decision, having been made, is going to be challenged either legally or otherwise, then we need to look at that and get advice on it. I want to ask the clerk to the committee to get the information from the CPP in relation to its belief about how it might impact on committees.

Coming to Deputy Ross's proposition, following what I have just described, the clerk to the committee can advise us on the proposition. At the moment we have the letter from Deputies Ross and McDonald. By and large, the letter was dealt with in the debate this morning - it was dealt with by the decision of last week - and the only thing that would change any of that would be the CPP's or Mr. McCabe's legal advice and further correspondence from them as to his right, as a witness, to receive the transcript. As further suggestions have been made by Deputy Sean Fleming that the transcript be made available to all, we need to question that before it is pushed by way of a decision by members. Deputy Fleming might agree to clarify what he asking us to ask the CPP and Deputies Ross and McDonald might do likewise, while we receive clarification. As of now, there is no requirement for a division in the committee because there is nothing before us except the letter of request. We need that other information before anything is furthered in this regard.