Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I want to make the point - it is worth the House reflecting on this - that when one is giving instructions or having discussions with lawyers, a litigant will say various things in regard to those instructions. They are within the privilege of that relationship and that discussion. That is clearly understood. It is a basic tenet of justice.

I stated also that it is imprudent and a dangerous precedent for such discussions to be thrown into the public domain as it will affect the reputations of persons - I already made the point about reputation - as they have no comeback and the person who made allegations in giving instructions would have no comeback either. We have to reflect carefully on what is being asked here. The ability of persons to engage with a commission of investigation could be seriously compromised. One should think about what is being asked. What we are asking of the Commissioner in regard to this commission of investigation is that the private briefings that one has with lawyers or solicitors should be put into the public domain.

It is illegal for me, for example, to have access to those transcripts. I do not have access to them - neither does Deputy Martin or Deputy Burton. Deputy Burton does not know the context of them. That is important.

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