Enda Kenny (Mayo, Fine Gael) | Oireachtas source

Some in the House have suggested that the Government tried to constrain the work of the commission. I utterly reject that assertion. Not only did it accept Mr. Justice O'Neill's draft terms of reference in full but the Tánaiste agreed to accept some amendments from Opposition parties and to consider others. It has now emerged that Sergeant McCabe has indicated that he is not happy to participate in a commission of investigation because of the private nature of its proceedings. This would make it difficult for a commission to establish all of the facts. In that context, the Government decided this morning to have these matters investigated by a tribunal of inquiry under the 1921 Act. The Tánaiste is drawing up the terms of reference for this tribunal and will be in contact with Opposition spokespersons on justice in that regard. It is essential that these terms of reference are fair to and respect the rights of all those involved in these matters.

I want again to refer to the important work being undertaken by the Minister for Children and Youth Affairs. As Minister with responsibility for Tusla, Deputy Zappone engaged with Maurice McCabe about very sensitive and personal matters. She quite rightly respected his right to privacy and confidentiality in relation to those matters. As I have said previously, I was aware of the meeting between the Minister, Deputy Zappone, and Sergeant McCabe but I was not aware of the details of, or the very serious and disturbing issues that arose at the meeting. In referring to this last Sunday I mistakenly said that I had spoken to the Minister, Deputy Zappone, prior to her meeting with Sergeant McCabe. That comment was inaccurate. The correct sequence is that I was informed through officials in my office that the Minister intended to meet Sergeant McCabe and last Tuesday she informed me that she had met Sergeant McCabe. However, as confirmed by the Minister, Deputy Zappone, she did not divulge any of the details of those very serious issues to me or to anyone else in government, which was the correct course of action.

I remind the House that this Government, like the previous Government, has a strong track record on justice reform in terms of the changes in structure, the analysis being carried out by Ms Justice Mary Ellen Ring in regard to the Garda Síochána Ombudsman Commission, GSOC, the putting in place of the first ever independent policing authority since the foundation of the State, an independent police inspectorate and protection in legislation for whistleblowers.

In my responsibilities, it was my direction that we would have a Ministry for children, a Department of children and an agency for children and that we would deal with enshrining the rights of children in Bunreacht na hÉireann by way of referendum and deal with the issues of the separation of Church and State, with particular reference to sexual abuse over the years. I referred to the latter in a speech delivered in respect of the Cloyne issue. Only last year, when I had an opportunity to speak to Pope Francis, I brought to his attention another case of sexual abuse.

I believe the central and fundamental issue here is that there is a claim and allegation that a deliberate smear campaign was carried out against a serving member of the Garda by Garda senior management. I am happy the House is accepting in principle the setting up of a tribunal of inquiry under the 1921 Act. I hope the Opposition and the spokespersons on justice for all the parties can agree on the terms of reference so they may be approved by both Houses of the Oireachtas this week. I hope this commission of inquiry, under whoever is chosen and agrees to direct it, will be allowed to commence its work as soon as possible in order that everybody involved in this can have fairness in terms of the terms of reference and that the truth of the fundamental question being asked can be determined, that is, the question of whether Garda senior management were involved in a deliberate smear campaign against Sergeant Maurice McCabe and his family.

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