Michael McDowell (Dublin South East, Progressive Democrats)

I wish to address some remarks made earlier today in the House by some of the Members opposite on an apparent inconsistency between what former Minister for Justice, Equality and Law Reform, Deputy O'Donoghue, told the House in May 2001 and what I told the House last Friday. I draw the attention of Members opposite to their duty, before they make an allegation of dishonesty or impugn the integrity of a Minister, to be fair in the manner in which they carry out their parliamentary functions. I have a copy of the full text of the response of the former Minister, Deputy O'Donoghue, to the Priority Question from former Deputy Alan Shatter. The record speaks for itself. I will not read it all but will read a passage which I believe the House should hear. It states:

I have already advised the House that a file on this matter, following Assistant Commissioner Carty's investigation, has been sent to the Director of Public Prosecutions. Following receipt of directions from the DPP, one person not a member of an Garda Síochána, has been arrested and charged. Further directions are awaited in respect of other aspects of the investigation. A number of civil actions relating to the case are outstanding.

The Garda Commissioner has already taken action to restore confidence. The Deputy will be aware that when the commissioner received the report of the assistant commissioner on the allegations in question, he decided in the best interests of the public and the Garda Síochána to transfer a number of personnel.

Additional information

I have also recently been informed by the Garda authorities that an inquiry under the Garda Síochána (Discipline) Regulations, 1989, has been initiated by the Garda Commissioner with a view to investigating suspected breaches of discipline by a number of members of the Garda Síochána in the Donegal division arising from the investigation conducted by Assistant Commissioner Carty.

The Deputy asks if I intend to publish the reports of the earlier investigations into the allegations of Garda misconduct in the Donegal area and, in this regard, if I have received the completed reports from the Garda Commissioner. On the latter point, the Deputy will be aware from recent correspondence that I have not seen the investigation file nor would it be normal practice for the Minister to do so. I have, of course, as I have previously informed the House, received a report of the assistant commissioner's investigation from the Garda Commissioner.

That is what he said. He then went on to say:

Given the various investigations and proceedings ongoing in relation to this matter, I do not believe it would be appropriate at this time to publish any of the reports that I have received in the matter nor to lodge them in the Oireachtas Library.

My primary concern is to take whatever actions are necessary to ensure that the truth of what happened in Donegal is established and becomes known to the public. . . .

I will repeat that.

My primary concern is to take whatever actions are necessary to ensure that the truth of what happened in Donegal is established and becomes known to the public and while also ensuring that this is done in such a way that no proceedings are jeopardised so that justice can be done and be seen to be done.

That is what he said. He went on to say, in reply to Deputy Shatter: "As I have indicated on a number of occasions I am anxious that we get to the bottom of what happened in Donegal." The Minister, Deputy O'Donoghue, then made the following remarks as outlined by Deputy Howlin: "The investigation by Assistant Commissioner Carty was completed and presented to me and, in turn, to the DPP."

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