Enda Kenny (Mayo, Fine Gael) | Oireachtas source

I thank Deputy Eamon Ryan for his question. This is about trust and confidence in government and the institutions of the State. More so, it is about the central issue of determining the answer to the question as to whether there was a deliberate smear campaign organised by senior gardaí against Sergeant Maurice McCabe and, as a consequence, his family.

As for a timeline, I hope we will be in a position to have the spokespersons on justice sign off on what could be the terms of reference today. We could then have a Government meeting on them tomorrow and have them discussed in the House, although it may not be possible to do this.

The Deputy asked my opinion in respect of extending the tribunal for other whistleblowers. As the protected disclosures centrally involved the two senior police officers in the State, Mr. Justice O'Neill recommended a commission of investigation arising from these two protected disclosures. While this will be a matter for the judge who conducts the tribunal of inquiry, it would be appropriate to provide a facility whereby the inquiry might be extended to other whistleblowers if the judge saw fit to do so. Ms Justice Mary Ellen Ring is restructuring the Garda Síochána Ombudsman Commission, GSOC, to deal, in a much more trustworthy and I hope professional manner with complaints made by members of the Garda and others and protected disclosures or other information that may come that way.

I expect that the question of protection of sources is central here. At paragraph (g) of its draft terms of reference, the proposed commission of investigation was directed to "investigate whether Commissioner O’Sullivan, using briefing material prepared in Garda Headquarters, planned and orchestrated broadcasts on RTE on the 9th of May 2016, purporting to be a leaked account of the unpublished O’Higgins Commission Report, in which Sgt McCabe was branded a liar and irresponsible." This is an issue that will require some consideration by the judge in charge. Also, it is a matter for whomever is appointed as a sole member as to how the inquiry should be conducted in public. A tribunal of inquiry will have the support of the McCabe family if it is held in public and, therefore, will be fully transparent and accountable. The matter of whether it is broadcast on the worldwide web or whatever would be for the judge to decide.

I hope we can get agreement from everybody that it is absolutely necessary that the commission of inquiry be set up under the tribunals of inquiry Act. Every day that passes denies the opportunity to have the central question answered as to whether there was an orchestrated smear campaign against Sergeant Maurice McCabe. That is the function and purpose of the tribunal of inquiry and I hope all Members will be in a position to sign off on it. If necessary, the Government can meet tomorrow and we can have the debate in the House and its decision and that of the Seanad on the matter. It is in everybody's interests that this happen as quickly as possible.

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