Enda Kenny (Mayo, Fine Gael) | Oireachtas source

Yes.

Mr. Sean Guerin SC was appointed to investigate allegations made by Garda Sergeant Maurice McCabe about crime investigations in the Cavan and Monaghan district. His report was published in May 2014. He recommended that a commission of investigation be established to further investigate certain matters. That commission, whose sole member is Judge O'Higgins, has now been established and has commenced its work.

Potentially the most serious allegations related to taping of telephone calls in Garda stations over a period of 30 years or more, including their possible implications for a case that was then before the courts. This is the case taken by Mr. Ian Bailey, which concluded recently. Those allegations are now being investigated by a commission of investigation, whose sole member is Mr. Justice Fennelly. Following the initial proposal to investigate the taping allegations, the Oireachtas Joint Committee on Justice, Defence and Equality wrote to me recommending that the Fennelly commission should also address issues related to the retirement of the Garda Commissioner. I agreed to that proposal.

The terms of reference of the commission were therefore amended to include issues relating to the furnishing of a letter dated 10 March 2014 sent by the then Garda Commissioner to the Secretary General of the Department of Justice and Equality and the sequence of events leading up to the retirement of the Garda Commissioner. In July 2014, Mr. Justice Fennelly advised me that it would not be possible to complete the full investigation by the end of last year but that it may be possible for him to submit an earlier interim report on the issues of the Commissioner's letter and his retirement, if so requested by me.

In response, I formally requested that Mr. Justice Fennelly submit that interim report if he believed it to be feasible and appropriate, and I informed the Dáil of that request. In November 2014, the commission submitted a detailed progress report to me and formally requested an extension of the timeframe for his full investigation. He also indicated that he expected that his interim report on the issues of the letter and retirement would be submitted by the end of March 2015. I agreed to the extension of the overall timeframe. I also published the detailed progress report.

In February 2015, Mr. Justice Fennelly wrote to me again stating that the commission was at an advanced stage in its preparation of a draft interim report. He also indicated that the draft interim report would not be disseminated to affected parties, which is required under the relevant legislation, until after the proceedings in the Bailey case had been disposed of by the High Court. That letter was also published by me. The proceedings in the Bailey case have now been disposed of. It continues to be entirely a matter for Mr. Justice Fennelly how he conducts his investigation and when he submits his reports. It would be totally inappropriate for the Government to seek to direct the independent chair of the commission of investigation as to how he should prioritise or otherwise conduct his work. I am aware of speculation about the evidence given to Mr. Justice Fennelly by me and by others.

Mr. Justice Fennelly's progress report of November 2014, which has been published, outlines the procedures followed by the commission. It states that he wrote to 20 witnesses and heard oral evidence from 15 witnesses. He also stated in his November report that some witnesses were recalled in September, that the process was not yet complete and that he anticipated further hearings. I have provided written and oral evidence to the commission, at its request, in respect of those matters of which I have personal knowledge. That evidence was given in private, in accordance with the Commission of Investigation Act.

The rules and procedures of the commission state that the disclosure of evidence heard or documentation produced to the commission in private is not permitted save in certain limited circumstances set out in the Act, and may constitute a criminal offence. I understand that those rules and procedures were provided to all witnesses. I therefore cannot comment on my own evidence or that of any other witness. It is a matter for Mr. Justice Fennelly to finalise his report in accordance with the procedures set out in the relevant legislation. When his completed report is received by me, I will publish it in accordance with the law.

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