Jonathan O'Brien (Cork North Central, Sinn Fein) | Oireachtas source

Sinn Féin welcomes the terms of reference which have been published. Like the previous speaker, we have also suggested an amendment to those terms. I will read out our amendment, which is based on the same reasoning as that behind Fianna Fáil's proposed amendments. Our amendment would have sought to insert a new section [j], which states, "To investigate contacts between members of An Garda Síochána and members of the Government, members of the Oireachtas and other State agencies relevant to the matters set out in [a] and [b] above." Again, we submitted that amendment for pretty much the same reasons as Deputy O'Callaghan has outlined with regard to his proposed amendments. It is fair to say that if the former Garda Commissioner was willing to contact one Member of this Oireachtas, then there is a possibility that other Members were contacted, including members of the then Government. If that is the case, the matter should come under the terms of reference of the commission of investigation. We also believe that it would be appropriate for the commission of investigation's terms of reference to include the question of whether members of An Garda Síochána at senior level initiated any contact with other agencies apart from the agency referred to by the Tánaiste and Minister for Justice and Equality this morning, namely GSOC. We would encourage the Minister to make such a change to the terms of reference.

It has been a long road to get to where we are today. We have had many controversies involving senior management within An Garda Síochána. We had the penalty points debacle, the Cooke report, the Guerin report, the Fennelly commission and the report from Mr. Justice Iarfhlaith O'Neill. On foot of the latter report into the allegations made by Superintendent David Taylor, we received two items of correspondence from the Department of Justice and Equality yesterday. The rationale for the commission of investigation was outlined in one item of correspondence. It reads as follows:

Mr Justice O’Neill examined the allegations, put them to those against whom they were made and sought the latter’s responses. He also sought the observations of the persons making the disclosures and those against whom the allegations were made on a number of matters, including the form that any investigation into these matters should take.

In light of his inquiries, Mr Justice O’Neill concluded, while he was not in a position to make any determination on the truth or falsity of the allegations, that a Commission of Investigation under the 2004 Act should be established to investigate these and other relevant matters.

Mr. Justice O'Neill then went on to suggest terms of reference for the commission of investigation and we note that the terms of reference published by the Government yesterday are the exact terms suggested by him.

I am glad the Tánaiste is willing to look at the possibility of adding to those terms of reference. She has already heard suggestions from Fianna Fáil - she is hearing them now from my party - on how the terms of reference should be expanded to give the commission of investigation every possible opportunity to investigate all of the allegations fully. As the Tánaiste stated, allegations are not convictions. However, we do not want to find ourselves in a situation where, at the end of commission of investigation process, there are unanswered questions. We have seen that happen with previous commissions of investigation. It is important that the concerns highlighted by me and Deputy O'Callaghan are taken on board and I encourage the Tánaiste to do so.

Sinn Féin is one of the parties asking that the Garda Commissioner step aside while this commission of investigation undertakes its work. That is not to cast any aspersions on the Commissioner. We believe that it is in the interests of transparency and public confidence that the Commissioner would take the decision to step aside. The allegations that are being investigated are truly shocking, particularly the reference to the accusation that Superintendent David Taylor was directed to draw journalists' attention to an allegation of criminal misconduct made against Sergeant McCabe and that this was the root of his motivation for whistleblowing. In light of the fact that the allegations are made directly against the Commissioner and given that there is an issue with public confidence in the force at senior level - not just as a result of Mr. Justice Iarfhlaith O'Neill's scoping exercise but also on foot of all the previous reports and commissions of investigation - it is important that the Commissioner step aside. Again, I take this opportunity to ask the Commissioner to make that move. As I said, that is not to say that there is any truth in the allegations that have been made against her but it is important to allow the commission of investigation to do its work. Serious allegations have been made against the most senior member of the force and for that member to continue in situwhile she is being investigated would send out the wrong signals. That is why we have asked her to step aside.

I urge the Minister to take on board the recommendation that Sinn Féin has submitted through our amendment. It is important to give the commission of investigation every possible opportunity to investigate all of these matters fully. I would encourage the Minister to take our amendment on board.

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