Dáil debates

Wednesday, 22 October 2008

1:00 pm

Photo of Niall CollinsNiall Collins (Limerick West, Fianna Fail)

The Minister stated:

As far back as February 2001, I made it clear to Dáil Éireann that I had an open mind as regards the setting up of a tribunal. I stressed that I wanted to see the truth of this matter determined. I said that I wanted to see public confidence in the Garda restored. However, the question I posed then went to the heart of the problem. How do we do this in an open and transparent way without interfering with potential civil and criminal proceedings? This was a complex matter. I stated that the law, which provides for due process, cannot be shaped or moulded to fit the mood of the time. Rights must be respected. Due process must be protected. In the hierarchy of rights, the right to due process is a superior right. These are the fundamental principles which are the foundation of our legal system. I made it clear that I had not ruled out the option of holding a public inquiry but I was not convinced at that time that it would necessarily be the best way of dealing with the matter.

It is to the great credit of the Minister that, in the face of a hurricane-like storm that had Deputies Howlin and Higgins as chief stokers, he held the line and maintained the rule of law when the populist thing to do would have been to cut and run. For that alone as well for putting in place——

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