Enda Kenny (Mayo, Fine Gael) | Oireachtas source

I propose to answer Questions Nos. 3 and 4 together. The Government had scheduled a two hour Dáil debate for 28 January this year on the draft order to establish the commission of investigation in respect of the Cavan-Monaghan Garda division. The debate was to be taken by the Minister for Justice and Equality. However, in a letter of 27 January 2015, the day before the proposed debate, the Ceann Comhairle informed the Minister for Justice and Equality of his ruling not to allow a debate on the draft order. 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. Given the Ceann Comhairle's ruling, the Government order, which included the terms of reference, was adopted by the Dáil without debate. The commission of investigation was subsequently established by the Government on 3 February 2015 with Mr. Justice O'Higgins as its sole member.

On 3 February 2015, I instructed my officials to publish on www.merrionstreet.ie all of the correspondence received from Gallagher Shatter Solicitors, including the letter dated 8 December 2014 to which the Deputies refer, and the replies to that correspondence. It is clear from the correspondence published that the replies from my Department were at all times clear and consistent. The observations by the legal firm on the terms of reference for the investigation were not taken into account and the terms of reference accurately reflect those suggested by Mr. Guerin.

Any questions in relation to the O'Higgins commission of investigation should be put down to the Minister for Justice and Equality who is the specified Minister under the Commissions of Investigation Act.

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