Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I established a commission of investigation on foot of the recommendations of the Guerin report. I laid before the House a draft of the order, which includes the terms of reference, proposing the establishment of the commission. I also laid before the House a statement of the reasons for establishing the commission. All of the matters recommended by Mr. Seán Guerin SC for inclusion in a commission of investigation are included in the terms of reference. The draft order specifies me, as the Minister for Justice and Equality, as the Minister responsible for overseeing the administrative matters relating to the establishment of the commission.

It is important to note that a resolution approving the draft order must be passed by each House. As such, the terms of reference will shortly come before the House for discussion and approval, possibly as early as next week. This will provide Deputies with an opportunity to discuss the terms of reference and work of the Guerin commission.

An estimate of the costs, including legal costs, to be incurred by the commission in conducting the investigation and preparing its reports, and the timeframe for the submission of the commission's final report, will be published in Iris Oifigiúil, as per normal procedure, as soon as possible after the terms of reference are set in accordance with the legislation. This will occur when the resolution has been passed by both Houses.

Deputy Wallace refers to the independent review by a panel of counsel of a wide range of cases, some of which deal directly with An Garda Síochána, while others extend to other aspects of the criminal justice system. As I have previously outlined the position in this regard, I do not propose to discuss the matter in detail at this point. As I indicated, there are a number of possible options for further investigation which I will consider when I have received recommendations on all of the relevant cases.

The Guerin commission examined a particular set of circumstances. When I decided to establish a commission of investigation I also took the initiative to refer the Guerin report to the Garda Inspectorate. The inspectorate's recent report included a chapter on the Guerin report which addressed many of the issues raised by Mr. Guerin. The inspectorate's report is to be implemented by me and An Garda Síochána and will not be the subject of a further commission.

See this speech in context