Enda Kenny (Mayo, Fine Gael) | Oireachtas source

I disagree with the Deputy. On 27 January the Government Whip informed the other Whips of the decision and ruling of the Ceann Comhairle that no debate would be allowed on the terms of reference which the Government had tabled for discussion. I fully accept the Ceann Comhairle's decision in that regard.

I would not be aware of whether the Ceann Comhairle or anybody else was in receipt of correspondence. Deputy Gerry Adams asked me if I was aware that the Ceann Comhairle had received correspondence. I was not so aware, nor could I have been.

If the debate was to be reordered, obviously, there would be a very different story. This is a serious matter about the conduct of some gardaí in the Cavan and Monaghan district in regard to a number of very serious matters brought to attention by a whistleblower and brought to the attention of the House. After this morning's Cabinet meeting I signed the order setting up the commission of investigation under Mr. Justice O'Higgins. The terms of reference were finalised on 17 December.

Of course, the former Minister for Justice and Equality is a member of the Fine Gael Party. It is not a case of a member being able to prevent a debate. Deputy Gerry Adams is now fully aware that the Ceann Comhairle in his constitutional office and independence made his ruling and that that ruling was carried. That matter has now been cleared up. The Deputy is wrong to suggest a member of a party, in this case, my party, was in a position to prevent a debate from taking place. That was a separate decision made independently by the Ceann Comhairle.

The more important point is that the Government made a decision to set up a commission of investigation. It adopted the terms of reference set by Mr. Guerin. It ignored and did not take into account the submissions being made for the exclusion of the former Minister for Justice and Equality from the terms of reference. It was quite clear that the commission of investigation would examine the method for the conduct of the examination of the issues raised by gardaí, the Department of Justice and Equality and the former Minister for Justice and Equality. The Sinn Féin Whip was informed of the ruling of the Ceann Comhairle on Tuesday, 27 January.

I gave an instruction today that the correspondence from the legal firm and the replies to it from the Department of the Taoiseach be published. As I said to Deputy Micheál Martin, Deputy Gerry Adams will see consistently throughout the correspondence that the Government was not in any way bound by observations made by a legal firm. The terms of reference and the decision of the Government reflect this very accurately.

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