Enda Kenny (Mayo, Fine Gael)

I thank Deputy Martin for those comments. Let us be very clear on this. The Government and the Minister for Justice and Equality had and have absolutely no intention whatsoever of interfering in any way with the independence of the Smithwick tribunal. I understand that, when these things are mentioned, it can oftentimes give the perception that one wants to in some way interfere with a process. The Oireachtas, in particular the Dáil, set up the Smithwick tribunal. What happened in June of this year is that the terms of reference to the Smithwick tribunal were amended to require it to produce an interim report to the Clerk of the Dáil not later than 30 June 2011. Within the process of setting these things up, it is appropriate for the body which set it up to hear an interim report by 30 June and that its final report should be presented to the Clerk of the Dáil not later than 30 November 2011.

Judge Smithwick had previously indicated to the Minister for Justice and Equality that the tribunal would be able to conclude its work in the timetable that was established in the amended terms of reference. It was made perfectly clear by the Minister in the Dáil that if, for any unforeseen reason, the chairman found he could not conclude his inquires and have his report finally dealt with by 30 November 2011, he could report that to the House and the House would consider that. The House did consider that. As the House is aware and Deputy Martin will know, following a request from Judge Smithwick, the Government approved a further extension of six months for a final report to be produced by 31 May 2012, and a motion in that regard will be put to the House in due course. The tribunal will also be required to produce another interim report by 9 March next year.

I understand the tribunal is currently conducing public hearings. Given the body was set up by the Oireachtas, it is appropriate the Oireachtas should be able to hear interim reports on the proceeding and state of business of the tribunal without any question of interfering in any way with the independence of Judge Smithwick, the chairman.

I want to make this perfectly clear. In handling this, the Minister for Justice and Equality was quite specific on the record. There has been no other involvement with the Smithwick tribunal other than to say we would like to have an interim report and a final report by November. If it cannot done by then, the tribunal was told to inform the Oireachtas. That happened, and a further six months extension was granted, with a request for a further interim report by 9 March.

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