Dáil debates

Wednesday, 28 January 2015

1:25 pm

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein) | Oireachtas source

I want to say that we are not taking issue with the Ceann Comhairle. The Ceann Comhairle has a responsibility to bring a matter to the attention of the Government but I object strongly to the decision to scrap today's proposed debate into the inquiry into incidents in the Cavan-Monaghan Garda division. We got an e-mail from the Taoiseach's Department, so our issue is with the Taoiseach. It states:

We have been advised that the Ceann Comhairle has indicated that, while the draft Commission of Investigation ... can be moved tomorrow, there can be no Debate re same, as it would be in conflict with Standing Orders 57, as the matter is currently sub judice.
The Government had a number of options it could have employed in response to that letter.

It is a hugely important matter. The claims of Garda whistleblowers and the handling of their allegations of wrongdoing by some members of An Garda Síochána and particularly by some Ministers, including the Minister for Justice and Equality, were and remain to be matters of huge public concern. There has been no real explanation for why we are told we cannot debate these issues, and that is not good enough.

My understanding of "sub judice" is that it applies in cases involving juries, and there is none in this case. It is also understood that sub judicedoes not apply in cases that are heard before judges, and especially High Court or Supreme Court judges.

There were no similar concerns raised about sub judicewhen, for example, the Fianna Fáil leader named Padraic Wilson, a private citizen, in this Chamber despite the fact that Mr. Wilson's solicitor was writing to the Ceann Comhairle, the Taoiseach and the Fianna Fáil leader and despite the fact that he was subject at that time to a judicial inquiry. It appears, therefore, that the sub judicerule is not being equally or appropriately applied.

Was Teachta Shatter or anyone acting on his behalf in touch with the Ceann Comhairle, the Taoiseach or anyone else in the Oireachtas? Did the Taoiseach seek an opinion from the Attorney General? Had the High Court judge or judges in question requested that no debate or statements take place? I ask the Taoiseach to reverse this decision and ensure that this debate is put back onto the Order Paper and rearranged as quickly as possible.

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