Michael Kitt (Galway East, Fianna Fail) | Oireachtas source

Before I call the Tánaiste to respond, I have a note from the Ceann Comhairle. Members will be aware that the Ceann Comhairle is required to examine in a fair and impartial manner all Bills, parliamentary questions and motions to ensure that they comply with Standing Orders. On 22 January 2015, the Ceann Comhairle received a notice of motion from the Minister for Justice and Equality seeking the approval of Dáil Éireann to a draft order establishing a commission of investigation into certain matters relative to the Cavan-Monaghan division of the Garda Síochána. The recommendation to establish the commission of investigation was made in the report prepared by Mr. Seán Guerin, SC, for the Taoiseach.

Having regard to the fact that High Court proceedings had been initiated against Mr. Guerin in connection with certain conclusions contained in this report, the Ceann Comhairle was obliged to consider carefully all relevant matters in the context of Standing Order 57, which sets out the rules for debating matters that are sub judice. The Ceann Comhairle formed the view that, while the motion could be moved in the House, it was not in order for debate because of the risk of encroachment by the Dáil on proceedings before the High Court. In reaching that view, the Ceann Comhairle had particular regard to Standing Order 57(3), which reads: "a matter shall not be raised in such an overt manner so that it appears to be an attempt by the Dáil to encroach on the functions of the Courts or a Judicial Tribunal".

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