Enda Kenny (Mayo, Fine Gael) | Oireachtas source

Yesterday, the Deputy raised the Bailey case, which arose from the murder of Ms Toscan du Plantier. The case has been ongoing for a number of years. As I said yesterday, the issue became crystalised because the end of the discovery process required a Garda affidavit to send the material to the legal team representing Mr. Bailey. It is clear from the Secretary General's report that the tapes that became known to officials when they were transcribed and assessed contain material that is very serious indeed. Those tapes are part of the discovery process and this case is before the courts. I do not wish to say anything here that would prejudice the outcome of that case, but clearly the material that has been transcribed and assessed and which will more than likely enter the public domain is very stark. Those tapes are part of the discovery process and are being sent to the legal team to be part of the case before the courts.

In approving the appointment of Mr. Justice Fennelly at its meeting yesterday, the Government made a number of recommendations that will have to be concluded in the terms of reference for the commission in consultation with the Department of Justice and Equality. Clearly, we need to be able to have, as part of that, the process, background, context, reasons, authorisation, use, retention, and the legality, the illegality or whatever of tape recordings where matters of public concern are involved. This is a matter of grave public concern and it needs to be dealt with.

This is in two parts. There is the immediate focus on the specific case and there is the wider implication for the trawl which produced evidence of systematic recording of conversations in Garda stations, and their retention, which have to be subject to a protocol if they are to be destroyed, as the Data Protection Commissioner pointed out. However, as the Deputy is aware, the Attorney General made an order that no tapes be destroyed. I think that is in the public interest as well.

See this speech in context