Micheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

While I thank the Taoiseach for his reply, my core point is on the capacity of a commission of investigation to credibly carry out its work while the Garda investigation is under way. Presumably, a presiding judge might be highly wary of undermining the Garda inquiry. This was the very basis on which the HSE officials appearing before the Committee of Public Accounts have stated that much as they would wish to so do, they cannot publish the Devine or Resilience Ireland reports because of the possibility of endangering the criminal inquiry. Has the Taoiseach received strong and robust legal advice from the Attorney General to state that a commission of investigation can conduct an inquiry? The Taoiseach has confirmed it cannot publish the results of the inquiry until after the Garda investigation is complete but can it actually conduct an inquiry? For example, the witnesses to such an inquiry may very well plead that they are involved in a criminal case and that they could be questioned by the Garda and so on. Will they be under an obligation, in a parallel mechanism, to give evidence to the judge? It is a serious issue in itself because the robustness of the Commissions of Investigation Act has been called into question because of the Siteserv experience. Likewise, Members had another experience in a separate inquiry, the bank inquiry, in which banking officials could not be brought forward because of criminal proceedings in the courts. Members must be clear and honest as to what are the prospects in this regard.

If he has the legal advice on that, could he share it?

Will Ministers come before the Dáil to answer questions about this from Deputies? It was normally the case in a controversy of this magnitude and scale that Ministers would come before either the health committee or a plenary session of the Dáil through a special notice arrangement to answer questions. It would be fitting and appropriate in a case such as this.

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