Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

The Commissions of Investigation Act 2004 provides for the establishment of commissions to investigate into and report on matters considered to be of significant public concern. Section 3 provides that, following a proposal by a Minister, with the approval of the Minister of Public Expenditure and Reform, the Government may, by order establish a commission. The draft order establishing a commission of investigation is the subject of a resolution of the Houses of the Oireachtas.

The Act has been used to inquire into a range of matters across Government, including, for example, the Leas Cross nursing home and the banking sector. In regard to my Department, commissions of investigation were established to inquire into the Dublin and Monaghan bombings, the Dean Lyons case, the Catholic Archdiocese of Dublin and the Diocese of Cloyne and the death in custody of Garry Douch. The reports of these commissions are available on my Department's website with the exception of the report into the Garry Douch investigation which has only recently been submitted to me. The above reports attest to the important role of commissions of investigation to effectively inquire into matters of public concern.

It is often appropriate, however, to first establish as many facts as possible before taking the step to establish a commission of investigation. The starting point is to conduct a review of events and documentation to ascertain, to the greatest extent possible, the factual position. The outcome of such a review can be helpful in clarifying the need for an inquiry or the matters which are to be the subject of the inquiry.

The Deputy has undoubtedly framed this question with reference to the recent media report of unlawful surveillance of the Garda Síochána Ombudsman Commission and allegations concerning certain Garda investigations. As the Deputy is aware, the Government has appointed retired High Court Judge John Cooke to conduct an independent inquiry into the GSOC matter and to report within eight weeks, the terms of reference of which are in the public domain. The Government has also appointed Mr. Sean Guerin, SC, to examine allegations by Sergeant Maurice McCabe of Garda misconduct and to report back to the Government before Easter. Mr. Guerin will have the power to recommend a commission of investigation, if he believes one is needed. I consider it would be premature to establish a commission of investigation into these matters prior to consideration of the external report in each case. The procedure which has been adopted replicates that adopted on previous occasions prior to the appointment of a commission of inquiry.

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