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

We are about to have a debate in the House on the terms of reference of the commission of investigation. When these allegations were brought to my attention, particularly through the protected disclosures, I asked Mr. Justice Iarfhlaith O'Neill to conduct an investigation into how these very serious allegations and serious protected disclosures should be dealt with. I received his report some weeks ago. I went to Government last week and followed his recommendations in their entirely in terms of pursuing a commission of investigation which the Supreme Court judge, Mr. Justice Peter Charleton, has agreed to chair. I thank both of them for the work they have done. These are very serious allegations made about An Garda Síochána, on which we all depend and which is central to our democracy. Its effective functioning is central to our democracy. Both I and the Government are fully committed to ensuring that is the situation.

I will make a number of points on what the Deputy has said about a particular person and the context. There is a general constitutional obligation to protect the good names and reputations of persons who may be the subject of untested allegations. That constitutional protection applies to everybody involved in this situation, not only the two people the Deputy mentioned but everybody - those who make the protected disclosures and those against whom the allegations are made. That is the first point. That is how we do things in this country. We follow our constitutional obligations to protect the good names and reputations of people who may be the subject of untested allegations. That applies to all individuals in the House. The Deputy will recall that in advance of the referring and publishing of Mr. Justice O'Neill's conclusions and recommendations, I refused to discuss the nature of the allegations being made because of the rules around protected disclosure. We will have the chance to debate all of this but what is at issue here is a series of allegations that have not yet been tested and which, I have to repeat again, are wholly denied by the people against whom they are made. I do not believe there is a reason for anyone to step aside in that context. If everybody against whom allegations are made was expected to step aside, we would have a very extraordinary situation. People are entitled to fair procedures, justice and the proper way of doing things. We are not dealing with circumstances where a prima faciecase of wrongdoing has been established against anyone. Mr. Justice O'Neill, the very person who had the opportunity to speak to everyone and to examine the whole situation, has said he cannot make any findings on the very allegations the Deputy speaks about. He, as a judge, having considered it, does not feel he can do it and that a commission of investigation is necessary. In the case of the Garda Commissioner, I have consistently stated there has been no finding of any wrongdoing against her. In those circumstances, she is entitled to our full support and confidence. That remains the position.

See this speech in context