Enda Kenny (Mayo, Fine Gael) | Oireachtas source

First, in respect of the question about consultation with Members on the terms of reference before their being tabled in the Dáil, I respect completely the independence of the Ceann Comhairle in the decision he made and I am glad that matter has been cleared up.

The Government had scheduled a two hour debate for Wednesday, 28 January on the commission of investigation in respect of the Cavan-Monaghan Garda division. This debate was to be taken by the Minister for Justice and Equality. However, in a letter of 27 January, the day before the proposed debate, the Ceann Comhairle informed the Minister for Justice and Equality of his ruling. He was perfectly entitled to make his ruling. The important point is that the Government had already decided there should be a commission of investigation.

In the normal process and procedure followed, the terms of reference are adopted and approved by Cabinet and are laid before the Dáil by the Whip in the ordinary way for discussion and approval by the House so that the commission of investigation can start up and do its business. In this case, I believe that given the Ceann Comhairle's ruling, it was more important that the work of the commission of investigation should be able to proceed. Therefore, the terms of reference were adopted by the Dáil. Mr. Justice O'Higgins has been appointed to conduct the commission of investigation and the commission can now start its business.

I have instructed my officials to publish on merrionstreet.ie all of the correspondence received from the firm of Gallagher Shatter Solicitors by the Department of the Taoiseach and the replies to that correspondence. As Deputy Martin pointed out, observations were made by the firm that the former Minister for Justice, Equality and Defence should be excluded from the terms of reference.

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