Micheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

In terms of the Government's approach to the establishment of a commission of investigation into allegations of misconduct in the Cavan-Monaghan Garda division, I wish to raise a number of issues. In general, I suggest to the Taoiseach that there should be broad consultation with the Opposition prior to the lodging of the terms of references before the Dáil. Having reflected on and observed what has transpired, it seems to me that the only Deputy who persisted in trying to influence the outcome was a member of the Fine Gael Party, Deputy Alan Shatter, a former Minister. He wrote to the Taoiseach, as acknowledged last week, and to the Ceann Comhairle requesting he be excluded from the terms of reference of the inquiry. It was also his view that the tabling of the motion and the subsequent debate would encroach upon the courts.

I find this very odd, given that in his resignation letter to the Taoiseach on 7 May 2014 - a letter he published - Deputy Shatter said: "It is appropriate that these matters be the subject of a statutory inquiry." He also said he was resigning because he did not want to distract from the role of Government or create any difficulties for the Fine Gael and Labour Parties in the period leading up to the European and local government elections. If he is not careful, he will continue to cause difficulties, right through to the general election, but that is another matter.

It would be incomprehensible that the terms of such an inquiry would not include the relevant Minister. The core issue is the persistence of a Member of Parliament, a former Minister, to seek to try to restrict and stifle debate on a matter of fundamental, public importance and to do that in a context he knows well, that Parliament under the Constitution always has the right to propose and the right to dispose. Did Deputy Shatter approach the Taoiseach personally about this issue? Does the Taoiseach think it is appropriate that a Member should seek to undermine the capacity of the Parliament to debate matters of public interest in such a manner?

I have seen the correspondence and call on the Taoiseach to publish the correspondence Deputy Shatter sent to him. Is he prepared to do that? Did Deputy Shatter speak to the Taoiseach at any stage in regard to this matter or did he speak to the Minister for Justice and Equality on the matter? I note Deputy Shatter wrote to the Ceann Comhairle initially on his own notepaper and that this communication was subsequently followed by legal representation. I understand from what the Taoiseach said last week that it was a legal firm that wrote to him. Did Deputy Shatter write to the Taoiseach in his own capacity as a Deputy and will the Taoiseach publish that conversation?

Deputy Shatter writes about the separation of powers in the correspondence, but he is straddling, in a selective manner, both domains when it suits. I respectfully suggest he should make his mind up as to where his duty lies and consider why he was elected to this Parliament in the first place. I suggest it was to facilitate free and open debate and to articulate the will of the people, not suppress it.

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