Enda Kenny (Mayo, Fine Gael) | Oireachtas source

Sophie Toscan du Plantier was murdered and the crime remains unsolved. The transcribed tapes have a bearing on and a relevance to this matter.

In regard to the Deputy's question about the Minister for Justice and Equality, I came to Dublin on the Sunday in order to attend a function. We were due to debate the Garda inspectorate's report on the following Thursday. All of the commentators were referring to a clash between the parties in government and differences of opinion between Ministers. When I spoke to the Attorney General, the issues of importance she brought to my attention were such that they had to be the subject of serious reflection. The legal analysis of all of the relevant papers became much clearer on the Monday evening at which time I spoke to the Minister for Justice and Equality about the matter. I did not speak to the Tánaiste until the Tuesday morning because the legal personnel were continuing to reflect on the matter. Besides, I wanted the Cabinet to be fully apprised of all the details involved.

The discovery affidavit relating to the Bailey case has now been signed and I understand that the relevant material has been sent to Mr. Bailey's legal team. The concern which arises in this regard is that a woman was murdered and that the case remains unsolved. The issue arising from that murder and from the Bailey case is the focus of a great deal of attention and rightly so. However, the other aspect relates to the much broader situation whereby so many phone calls and conversations were taped and retained - whether legally or illegally - and that these tapes are now being held in secure accommodation in Garda headquarters. The Attorney General has issued a direction to the effect that they should not be destroyed. In the context of the letter from the previous Garda Commissioner to the Attorney General's office, I can confirm that a meeting was held in her office but that she was not present. The meeting was with her officials and the Attorney General was only asked about the request in the context of the generalities involved. The working group that was established did not operate out of the Attorney General's office and neither was her office represented on it. The entity in question was an internal Garda working group. The Attorney General has already clarified the position in this regard.

This is a serious issue and that is why the Government decided to bring about a structural change whereby an independent Garda authority - which will give our police force credibility, the trust of the people, competency, professionalism and oversight - will be established. Political responsibility will be retained by the Minister of the day to the Oireachtas. The commission of investigation, under the stewardship of a Supreme Court judge, will consider all relevant matters of public concern relating to the issues under discussion. I hope we will be in a position to clear the commission's terms of reference in the next week or ten days.

Deputy Adams inquired last week as to whether the Attorney General's phone had been bugged.

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