Michael McDowell (Dublin South East, Progressive Democrats)

Tribunals of inquiry operate in public, but commissions of inquiry do not. Deputy Costello should consult the relevant legislation for further details. It was always likely to be a private inquiry, unless the Deputy would have preferred me to have established a public tribunal of inquiry. I hope Mr. Hartnett's inquiry will proceed rapidly to investigate all the issues involved. I do not accept Deputy Costello's point about former members of the Garda. If the Deputy were correct, it would mean that every inquiry under that statute, whenever established, could simply be brought to an end by a garda handing in a letter of resignation. That is a proposition I do not accept as legally valid. Perhaps I am wrong on that point and the High Court will tell me different but it would be an unusual construction of a statute if it stated that a member who was under investigation by a statutory tribunal could bring it to an end by simply handing the Garda Commissioner his resignation from the force.

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