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

I welcome this opportunity to put on the record of the House certain matters. I want to deal with the events of last week. Last Tuesday, I brought a memorandum to Government to seek approval for the establishment of a commission of investigation under Supreme Court judge, Mr. Justice Peter Charleton. That memorandum arose in the context of protected disclosures which had been made to me by two members of An Garda Síochána last October.

I have always made it clear that any wrongdoing within An Garda Síochána must be addressed fully and fairly. It was with that in mind that within days of receiving the disclosures, I had appointed Mr. Justice larfhlaith O'Neill to review the allegations and to make recommendations to me. He reported to me in December, having asked for extra time. Complex legal issues arose and when these were resolved I brought a memorandum to Government last Tuesday. The purpose of the memorandum was to give effect to Mr. Justice O'Neill's recommendations, or terms of reference, which the Government accepted in full. I published the terms of reference and his conclusions and recommendations through the process of laying documentation before the Houses of the Oireachtas, required under the Commissions of Investigation Act 2004. I published what was legally possible. Mr. Justice O'Neill, having access to the information contained in the protected disclosures, believed that it was the matters which he set out in the terms of reference which required investigation by the commission.

Suggestions have been made that I had knowledge of Tusla records at the time the matter was before the Government, which would have required me to amend the terms of reference. As I have repeatedly stated, this is not the case. I was as taken aback - and disturbed - watching the revelations about Tusla that were aired last Thursday as anyone else. Clearly, very serious issues have arisen.

Throughout my entire career I have worked to ensure that cases of child sex abuse are not kept hidden and are dealt with openly and properly. I was the first Cabinet Minister for Children in the history of this State. I was responsible for initiating Children First and for suggesting a referendum to enshrine children's rights in our Constitution.

On a different topic, my engagement with Deputy Jim O'Callaghan last Wednesday was constructive throughout and entirely focused on ensuring that a commission of investigation would establish the full truth. I accept that each of our positions on this aspect of the discussion is genuinely held and I acknowledge very much that this is the spirit in which Deputy O'Callaghan has worked. I regret that differences have arisen between the two of us as to what exactly was said. I have always found the Deputy honourable and I know he made very helpful suggestions about changes that might be made to the terms of reference, which, indeed, I accepted in full.

It is very relevant to note that Mr. Justice Charleton indicated that he thought the terms of reference as I brought them forward would have been sufficient to cover the matters that had arisen in the "Prime Time" programme. Let us remember he was the person who had access to all the information and all the people involved in the protected disclosures, and had an opportunity to link with them during the course of his investigation.

As I have already said, the Minister for Children and Youth Affairs, Deputy Katherine Zappone, telephoned me on 25 January to say she was meeting Sergeant McCabe later that day. I have also said that I respected the integrity of that meeting between her and the McCabes. I know as a former Minister for Children and Youth Affairs how sensitive some of the matters in that portfolio are.

I welcome the fact that there has been a full apology by Tusla and that the Minister for Children and Youth Affairs, Deputy Katherine Zappone, is to establish a statutory HIQA inquiry into the terrible issues that have arisen there.

There is no question of me having misled the Dáil in any way in what I had to say last Thursday. Deputies have referred to a series of questions in the McCabe statement yesterday. In particular, there is a series of six indented questions relating to contacts between the Garda and others relating to the false rape offence allegation. My Department is not involved in Garda operational matters and would not have details like that in its records. They are, of course, matters that will be dealt with fully by any inquiry, and this gives rise to a difficulty with the suggestion it is simply a matter of asking the Garda Commissioner to ask the gardaí involved. I have not had a chance to get detailed formal advice on this from the Attorney General but there are clearly implications for the rights of the people involved. To say, on the one hand, we are going to establish an inquiry into what a someone did but that, in the meantime, we want that person to provide answers which we need to give to a person who will be party to that inquiry clearly is fraught.

Of course I understand well the concerns that people have expressed about the treatment of Maurice McCabe but it would be a great pity for people here to try to rectify one injustice by causing others. Whatever anger people might feel, in this country we do not set up tribunals of inquiry simply to confirm what people already believe. We set them up to look at all the evidence, hear all sides, and establish what the truth is. We have to be careful not to rush to judgment. Above all, everyone is entitled to basic, fair procedures enshrined in our Constitution. I cannot ignore that in a rush to judgment which ignores anyone's fundamental human rights.

We have to investigate the matters fully, but it must be done fairly too. I cannot uphold the integrity of the office to which I have been honoured to have been appointed by setting at nought the rights of others, so I cannot yield on that point.

In the course of today, we should not lose sight of the fact that day in, day out An Garda Síochána is doing excellent work, and I believe that credit is due to all ranks for that. I have embarked on a programme of major reform of An Garda Síochána, including the establishment of the Policing Authority. I hope that, over time, these reforms will bed down in the force. Obviously, I am totally open to constructive suggestions on any further reforms that might be required.

In the meantime, we need to get on with addressing the issues that have arisen. Today, the Government agreed in principle to establish a public tribunal of inquiry to establish the truth for all concerned in this situation. It is incumbent on us all now to get on with that work.

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