Enda Kenny (Mayo, Fine Gael) | Oireachtas source

There are two determinations made by the justice: one in respect of the documentation received from the special liquidator and another from the Department of Finance. Both are published on the commission's website today. They are there for Members to read and there is nothing secret about that.

In the letter Mr. Justice Cregan sent to me formally on Friday, he alluded to the fact that he had a determination made at that point in respect of the documentation from the special liquidator and that he was proceeding to do a similar determination in respect of documentation received from the Department of Finance.

Some 12 or 14 different commissions of investigation have been conducted under this Act since 2004. This is the first occasion on which a judge in charge of a commission has made this particular observation in terms of the law. Since the Government is keen that everyone be involved in this in the public interest and that the process be open, transparent and accountable, then it is only right and proper that I accede to a request from Mr. Justice Cregan to wait until I receive the interim report and have authorisation to publish it. I understand that can be as soon as possible. Then, as a House, we can discuss the actions that need to be taken. In his determination there are a number of references to inadequacies and the restrictions upon him. Work is under way in the Office of the Attorney General on a number of things.

I would like to see the interim report from Mr. Justice Cregan before we can discuss it as a Cabinet and in the House, and determine the best thing to do. It is the first time since the Commissions of Investigation Act was established that a judge in charge of a commission has made this particular decision. As the House knows, commissions of investigation were welcomed by everybody, including Sinn Féin, as being the way to proceed. Everybody is also aware that commissions of investigation were initiated in the first instance by the then Attorney General and Government as a method of not having to go down the road of endless tribunals of inquiry. I do not think anybody would want to contemplate that.

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