Finian McGrath (Dublin North Central, Independent) | Oireachtas source

I thank the Leas-Cheann Comhairle for the opportunity to speak on this motion on the proposed terms of reference for the commission of investigation. I am also a member of the Committee on Justice, Defence and Equality and I took a completely different view from my colleagues on recent events involving the Garda, the resignation of the Garda Commissioner, the Minister for Justice and Equality, and the whole issue of the letter and the Secretary General. There was absolutely no reason the Secretary General and the former Garda Commissioner could not have attended the committee to answer a few simple questions. It could have been done and dusted in four hours, yet all we got was fudge and more kicking the can down the road. I am amazed people do not find this situation to be a major constitutional crisis. We all need to understand that the public, the Garda, the Judiciary and, according to the Taoiseach, lawyers have strong feelings of ill will towards the Minister for Justice and Equality. This, to me, is a major constitutional crisis.

I support elements of the committee's submission to the Taoiseach concerning the terms of reference. I support the issue dealing with the consequences resulting from taping these conversations, the sequence of events leading up to the retirement of the former Garda Commissioner, the handling of information by the Department of Justice and Equality, and the administrative procedures in place within the Department governing the transfer of knowledge from officials to the Minister.

At the time, the Committee on Justice, Defence and Equality said it reserved the right to conduct its own examination in these and related matters as it sees fit. The public want answers to these simple questions. Why did the former Garda Commissioner resign? Why was the Minister, Deputy Shatter, not informed by his officials of the letter from the Garda Commissioner? Why was the Minister not informed by the Taoiseach? Why did the Attorney General not tell the Taoiseach or other Ministers about the Garda bugging scandal? Why did the Taoiseach not inform the Tánaiste as well? These are crucial questions.

The other issue that has been neglected in this debate is the damage that is being done to the Garda Síochána's service in this State. Honest gardaí on the beat want these matters resolved. They are hard-working, good, honest public servants, but public trust in them has been damaged. People want to know the answers to these questions.

The Taoiseach should take up the proposal by the Committee on Justice, Defence and Equality to accept the two modules dealing with the Garda Commissioner's resignation and the letter. Those matters could be done and dusted in a matter of weeks. The Taoiseach should listen to the voices of Members of the Oireachtas who reflect public opinion.

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