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

Let me clarify this. With regard to Sergeant Maurice McCabe and the various issues he has unearthed, I must agree with the Deputy. I have already spoken in the Dáil about the changes he has brought about, for example, with regard to penalty points and the issues that arose subsequent to the O'Higgins commission where a huge amount of action has followed given the points he raised regarding Garda management of investigation of crime.

With regard to the question about the legality of answering the questions, I believe any of us with information should provide answers where we can, but I have just made the point there is an interaction with setting up a tribunal of inquiry, and if the same issues are about to be investigated by the tribunal of inquiry then we have to be sure we are fair to everybody. Otherwise we could scupper the inquiry by showing we were dealing more favourably with one party to the inquiry than the other. This is the legal advice I have at this stage. In so far as we can answer any of the six questions put forward by Sergeant Maurice McCabe, and already the Ministers, Deputies Harris and Zappone, have said they would be in a position to answer some of those questions, of course I want to see it done. Just be conscious we have to be aware we have to be fair to all parties, otherwise one party could go to court and say it was not fair procedure.

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