Eamon Ryan (Dublin Bay South, Green Party) | Oireachtas source

I have genuine concerns. Paragraph [k] provides that the tribunal is "[t]o investigate whether Commissioner O'Sullivan, using briefing material prepared in Garda Headquarters, influenced or attempted to influence broadcasts on [that RTE broadcast] on the 9th of May, 2016". My concern is whether that would restrict the tribunal if there was another guard who was influencing that process. Are we narrowing the terms of reference with that language? Is there a point there or am I just misreading it? Are we over-restricting the terms of reference in those three paragraphs, that is, paragraphs [i], [j] and [k]? This is critical because I do not think the Commissioner herself would have been in touch with RTE. It may have been a senior garda. Are we restricting the ability of the tribunal to investigate other guards' telephone records in terms of contacts to RTE? The way I read it, the concern I have, which I would like to hear answered, is that, with the way we have written it, we have restricted the telecommunications records inquiry to the period before 31 May 2014. When it comes to investigating that critical programme, are we in any way restricted?

The Tánaiste is shaking her head. I would like to hear a reassurance in that regard. Why would that not be read as an instruction to the tribunal only to investigate Commissioner O'Sullivan's actions? Could legal arguments be made by other parties who would be very interested in this to say that the tribunal cannot investigate their records in regard to what happened in May 2016 because the terms of reference do not include it? I raise this issue for that one reason. I know the time has been short and that the Tánaiste has been accommodating, but I still have concerns that we are rushing this. My concern is increased because of what I have seen in previous tribunals, which I do not have time to state here.

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