Enda Kenny (Mayo, Fine Gael) | Oireachtas source

The Deputy asked a number of questions. The reason for setting up the Fennelly commission of investigation was the recording over many years at Garda stations of citizens' telephone calls without their knowledge. This matter was brought to my attention at that time, with potentially serious consequences. The commission of investigation was set up primarily for that reason. The Deputy has also tabled a parliamentary question to me on this matter.

Subsequent to the Government having made the decision to establish the commission the Oireachtas Committee on Justice, Defence and Equality wrote to me and requested that two other matters be included in the terms of reference of the Fennelly commission. These matters were the sequence of events leading to the retirement of the former Garda Commissioner and the matters concerning the issuing by him of a letter in regard to matters raised a number of days previous. I agreed with the Oireachtas committee and included those matters word for word in the terms of reference of the Fennelly investigation. The Deputy's comments today differ slightly from those he made previously about the Fennelly commission. Mr. Justice Fennelly has an exemplary record. It is a matter for him as to how he conducts his investigation. He is not subject to pressure from anyone, including the Deputy or me.

On the question of my contributing to the commission of investigation, I have complied fully with my responsibilities in this matter. Mr. Justice Fennelly wrote to me and I responded to him. I was called before the commission of investigation and I responded to that. The law states clearly that it is offence to make any comment about any evidence given before the commission. I took that view literally. I am satisfied that I have complied with my responsibilities in so far as the commission of investigation is concerned. The Deputy can rest assured that when Mr. Justice Fennelly issues the final report in respect of the commission of investigation, I will publish it.

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