Olwyn Enright (Laois-Offaly, Fine Gael)

What status does the Minister give to reports of commissions of inquiry? Will the Minister tell us now what weight he will give to the report of Judge Ryan when it comes out? Will he also deny responsibility when that report is issued? Did the Minister's Department officials report to him that they were not complying — or, as the Minister said, were not in a position to comply — with discovery directions at the time those directions were made? Did they report their lack of compliance with orders for production of documents? Was the Minister aware that his Department was not complying with statutory requests from the commission? Why was there an absence of departmental policy to deploy sufficient appropriate resources to ensure the Department could comply with its statutory obligations up to and after 29 November 2002?

Why did the Department leave out lists of documents that were at one time but are no longer in its possession? Why was information not given as to when the documents left the possession of the Department and where they went, as was legally required of the Department under the superior court rules? Why did the Department give so many irrelevant documents to the commission? Ms Justice Laffoy stated in her report that of the 457 documents provided following the signing of an affidavit by the director of strategic policy and legal services on 18 October 2002, fewer than 300 had a bearing on the issue of industrial and reform schools, with which the commission is concerned. I can think of one other person who placed on the record of a tribunal, as the Minister did today, that at all stages he made every effort to co-operate with and assist the work of the tribunal at which he was present. I hope the Minister is not taking lessons from him because if he is, we will not get very far.

My last question also deals with the production of documents. The conflict about the production of documents seems to have begun on 31 October 2001. The 457 documents were presented on 18 October. On 10 March 2003 the commission was still not satisfied it had received the documents it needed. It gave the Department until 27 June 2003 to comply. Another meeting was held on 5 December 2003. A ruling was made on 10 December 2003, and an order and direction that further and better discovery be made by 28 February of this year was issued. Is the Minister satisfied that on 28 February the documentation required by the commission will be provided to it?

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