Martin Mansergh (Tipperary South, Fianna Fail)

I contrast that with what happened with certain security scandals of a similar or even greater gravity, as people died as a result of them. Examples include the cases of Pat Finucane and Rosemary Nelson, where a similar awareness that a can of worms could be opened became evident and the sort of action we took here was not taken.

Given the length of time tribunals take and their cost, it is perfectly legitimate for a Government not to rush into one. It can be stated absolutely and without contradiction that in a similar situation today, any Government or Minister for Justice, Equality and Law Reform would take their time before going down that road. It is naturally legitimate for both parties of the Opposition to claim their share of credit for bringing about the tribunal but they should not deny the credit which also belongs to the Minister for Justice, Equality and Law Reform of the time for bringing it into effect.

One of the drawbacks covering several walks of life, including targets, benchmarks, output statements and performance targets, is the temptation to cheat by manufacturing evidence. We saw that recently with banks and financial institutions. Occasionally it happens in academic research and unfortunately some gardaí in Donegal did it. In an age where we have more of these targets, output statements and performance criteria, we must be conscious of that danger. The planting of false evidence on people or setting them up was and is a reprehensible practice.

There is a problem in any organisation with what one might call esprit de corps. It is particularly serious in a body specifically designated to uphold the rule of law. Garda Síochána regulations have been introduced in the past year to protect and provide a procedure for whistleblowers to pass information to a designated confidential recipient independent of the force with the Garda Ombudsman Commission, which is to be welcomed.

I do not propose to go into the rights and wrongs of the actions in this regard of two Deputies of this House but wish to consider the general issue, as I have been in that position, and the dilemmas facing somebody who receives confidential information. One must consider whether to take such information at face value, the motive behind the person passing on the information, whom to communicate it to and who might be in a better position to evaluate it. Few of us would necessarily be expert in the field in which an allegation is made. This issue also cropped up some years ago with regard to the beef tribunal.

To look through the other end of the telescope, I have been on the receiving end of a whistleblowing exercise which, in my opinion, was not bona fide. It emerged from one of the principals, whom I do not propose to name in the House, appearing before the Morris tribunal who went outside this jurisdiction to the Northern Ireland Police Ombudsman, Ms Nuala O'Loan. I have enormous respect for her services and contribution, although I disagree with her actions in this respect.

Very serious allegations were made regarding the Omagh bomb and these were made public to the effect that people in the Garda knew in advance from an informer of an attack, although not the extent of its consequences. It was separately alleged there was political interference, principally by me as an adviser, in the pursuit of those responsible with a view to obtaining a ceasefire deal. As a high level service group established, with full co-operation from me and others, there was no truth in either allegation. These allegations were made on the premise that the best form of defence is attack and the Government could be intimidated into dropping its pursuit of Garda officers who may have misbehaved.

These allegations caused a considerable amount of grief and pain to the families of the Omagh bomb victims, who are still pursuing justice. Many of the leaders of the organisation deemed responsible are in jail, albeit for other reasons. A separate issue regarding British intelligence has arisen recently and was a subject of debate in the British-Irish assembly in the past two days, which was formerly an interparliamentary body. I am glad Unionists were present there for the first time.

Whistleblowers must be protected but the dangers of false witness are real and must be guarded against. I have the height of respect for Mr. Justice Morris and the manner in which he conducted the tribunal. It is unfortunately very easy for various parties to frustrate or delay tribunals and it is particularly difficult to understand people who make complaints that they would not co-operate with the persons and bodies established to investigate them. The tribunal was undoubtedly very expensive, with the €50 million expended demonstrating there are no short cuts to achieving justice. As I stated, long and careful thought is needed before initiating tribunals.

A final point is whether we need a police authority. I do not believe so and in the case of justice and security, it is proper for the Government to be directly accountable to the House rather than invoke some intermediary.

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