Gerry Adams (Louth, Sinn Fein) | Oireachtas source

There are two big issues here. One is the opportunity that was presented as a result of revelations about misconduct in the administration of An Garda Síochána and so forth. It was an opportunity to introduce a police service that is accountable, lives up to the sacrifice and public service of the vast majority of the members of that service and removes it from the political patronage and control which was normal here for a long time.

Sinn Féin argued very strongly for An Garda Síochána to be Pattenised - for the Patten commission's approach to be adopted in relation to all of these matters. The hesitant, slow and protracted way in which the Government has gone about this has undermined that opportunity. I appeal to the Taoiseach to understand that there are issues of public confidence involved here.

The Taoiseach is at the centre of the second issue I would like to raise. The difficulty is that the Fennelly commission has to send its report to him. The former Garda Commissioner Martin Callinan resigned, retired or was sacked over a year ago, on 25 March 2014. Sources close to the former Commissioner are reported in the media as saying he was left with no option and was forced out of his job, in effect, after being visited on the night of 14 March 2014 by the Secretary General of the Department of Justice and Equality, Mr. Brian Purcell. We know that Mr. Purcell was sent by the Taoiseach to meet the Garda Commissioner at that time.

I want to put one issue to the Taoiseach very clearly. There have been countless media reports, which might be totally untrue and unfounded, that the Taoiseach was recalled by the commission to give evidence. He has refused to comment on this. He has chosen to hide behind the claim that to answer this question would be an offence, but that is patently not true. He has already said that he went and gave evidence to the commission. I have confirmed that I spoke to the commissioner. Níl rud san Acht a chuireann cosc ar an Taoiseach a rá an raibh sé mar finné agus ar ghlaodh ar ais é. Nothing in the Act prevents the Taoiseach from saying he was called back. What is the problem with being called back? This is another issue of public confidence. By refusing to give a simple confirmation, the Taoiseach ends up almost transfixed by this issue. I ask him to confirm if he was called back, or indeed if he was not. How many times has he been called to give evidence? It is not a big issue.

When the Taoiseach spoke about this on a few occasions, he put it in a sort of negative way. I was listening to what he said. He said the commission could not send on its interim report until after the Bailey case. In fact, my recollection is that the commission was to send its interim report after the Bailey case to the Taoiseach, to Deputy Alan Shatter, to the Secretary General of the Department of the Taoiseach and so on. That has not happened. Unless I have misheard him, the Taoiseach has not said he will publish the draft report when he receives it. We do not know when he is going to receive it. I ask him to clear that up. If he has already answered that question, I apologise for my ignorance. It would be useful to publish the draft report and give the Dáil an opportunity to debate this issue.

The Taoiseach has said that he cannot set a timetable and that any attempt to raise a question about this aspect of the matter would in some way impugn the integrity of the sole member or of the commission. That is not the case. The Joint Committee on Justice, Defence and Equality recommended that the modules dealing with the departure of the former Garda Commissioner, the letter he sent to the Department of Justice and Equality and the investigation of other elements of this case should have a timetable. The terms of reference ignored that recommendation, however, by setting it to one side. In other words, the Fennelly commission is in effect open-ended. It can go on forever. That is not in the Taoiseach's interests as someone who is doing his best or in the interests of the Government. More particularly, it is not in the interests of An Garda Síochána or in the interests of public confidence in that service.

Section 6 of the Commissions of Investigation Act 2004 provides that "the power to set a commission's terms of reference includes the power to amend, at any time before the submission of the commission's final report, those terms with the consent or at the request of the commission for the purpose of clarifying, limiting or extending the scope of its investigation." Therefore, it is not too late to amend the terms of reference and to set a fixed timeframe. Will the Taoiseach consider amending the terms of reference to set a clear timeframe for the completion of the Fennelly commission of investigation?

The Taoiseach has nine minutes and 50 seconds. He can talk the clock down. He can waffle and go through all of this, or he can answer in a few brief remarks the two questions I have put to him. First, was he recalled to the commission? Second, will he consider putting in place a clear timeframe, as he is permitted to do under the Commissions of Investigation Act 2004? By answering these two straightforward and simple questions, he can clear up these issues, allow the work of the Government and the Garda Síochána to proceed and, in particular, uphold public confidence in the handling of this issue by Taoiseach and his Government. I refer particularly to the work being done by the people who are out there on the beat protecting citizens and keeping public order.

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