Micheál Martin (Cork South Central, Fianna Fail)

I seek the guidance of the Leas-Cheann Comhairle on this. This is a serious matter. A significant scandal is involved to a certain extent. I am not referring to the rights or wrongs of progressing a tribunal. At issue fundamentally is that the Taoiseach and the Minister were asked to provide any background materials or documents that gave rise to the Minister's decision to change the terms of reference and put forward the amendment. We asked for the documents but none were forthcoming. The documents were withheld from Members. The debate took place in the context of documents not being made available. Now, in the aftermath of the debate, we find that the most serious of concerns had been raised by a chairman of a tribunal in respect of the actions taken by the Minister to affect and to have an impact on that tribunal. The tribunal was set up by the House. In amending the terms of a tribunal, in changing the direction of a tribunal or in trying to speed up a tribunal it is obvious that the Members should be in full possession of all documentation relating to the proposal put before us. For some reason, these documents were withheld from Members, violating their right to a proper, fully informed debate on the status of the Smithwick tribunal.

This is a serious issue in terms of process and procedure in the House. What has taken place is unacceptable. The Taoiseach should apologise to the House for the manner in which the debate was orchestrated and choreographed. It seemed to have everything to do with spinning and with the view that the Government was taking on the judge and the tribunal and that it would do the devil and all yet again. This is a sensitive tribunal with regard to the perception of people and the perception of how we do our business in terms of being fully fair, objective and impartial and so on. Many people were looking askance at what was going on in terms of this issue. It is unforgivable that the debate took place in the context of the documentation being withheld. The Taoiseach knew or, at least, the Minister for Justice and Equality knew about the correspondence with the judge. I asked the Taoiseach specifically to provide me with this material. I asked him not to rush the matter through the House, not to guillotine it and to give some background material to the Deputies opposite in respect of the decision. It is unforgivable and unacceptable and the Taoiseach should apologise to the House for it. I will take the advice of the Leas-Cheann Comhairle on the matter.

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