Enda Kenny (Mayo, Fine Gael) | Oireachtas source

I thank Deputy Micheál Martin for his question. Since responsibility came my way as a result of the office I hold, for the first time since the foundation of the State we have had a senior ministry for children, a Department for children, an agency for children, children's rights enshrined in the Constitution by way of a referendum and a statement in respect of sexual abuse in Cloyne and the cover-up engaged in and the limbo that existed in respect of what went on in this country for years. The entire country has sympathy with Sergeant McCabe and his family. I have made that point on many occasions. What is required is an effective process to deal with a central issue, namely, was there or was there not a deliberate smear campaign against Sergeant McCabe and his family by senior gardaí. That is what needs to be dealt with.

The Tánaiste and Minister for Justice and Equality received two protected disclosures some time ago. Four days later, she sent them to a judge, Mr. Justice O'Neill, who assessed them. His response was that what was needed was a commission of investigation to determine the truth and he set out the terms of reference for that commission of investigation. Following on from Deputy Micheál Martin's meeting with Sergeant McCabe and my meeting with the Deputy this morning, I understand that the McCabe family will not participate in a private investigation.

They want a public investigation. I want to be very clear about this. When we proceed down the road of having a tribunal of inquiry under the 1921 Act, dealing with tribunals, we have to be very clear that this is right down the middle in respect of everybody. The presumption of innocence until proven otherwise stands for every citizen, and people should be very careful respect of this. Yes, Sergeant McCabe has pointed out the appalling litany of instances of his treatment. There is nothing worse in this country than being called a sexual abuser. It has to be soul-destroying for the individual or his or her family to put up with that.

I can confirm to the Ceann Comhairle and the House that the Government agreed in principle this morning to set up a tribunal of inquiry under the 1921 Act, with the terms of reference to be worked out and the details and the structure by which the central issue here can be addressed, that is, the determination of the truth and justice for everybody in respect of the central question as to whether there was an organised smear campaign against Sergeant McCabe by the senior Garda officers. The Government will work with the individual parties in respect of the terms of reference. I want to make it clear, however, there can be no bias or over-reliance upon anybody in the determination of how these terms of reference will be set out and the purpose for which they are intended.

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