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

I thank the Leas-Cheann Comhairle. I thank all Deputies, particularly those Deputies that are supporting the approach I have taken to the terms of reference. I have attempted to make them inclusive of the concerns people have identified to me in the various submissions I received from the various parties, Independents and other people. It was extremely helpful to have the level of detail of those who made written submissions as well. Not everyone did, but I thank those who did make them. I believe I have faithfully reflected the main concerns that have been expressed in this House on how we deal with these issues.

I am not in a position to accept any of the amendments. Primarily and briefly, I would say that the Department is covered by the term "any other State entities", Members of the Oireachtas are covered by "any [other] relevant person". That is a clear reference on my part. I can tell Deputy Eamon Ryan that the reference to May 2014 relates to the protected disclosure. Those were the relevant dates that the person in question, who was Superintendent Taylor, was the press officer. That is why those are the dates, which came from Mr. Justice O'Neill.

On the other point that Deputy Ryan made, the terms of reference relating to RTE came from Mr. Justice O'Neill, who had examined all the evidence relating to the protected disclosure. Based on his examination, he decided that was the appropriate formulation in terms of the particular issue in the protected disclosure.

The terms of reference for that matter are totally linked to the protected disclosure and Mr. Justice O'Neill's assessment of and recommendation on how they should be dealt with.

Deputy Jim O'Callaghan made a suggestion on costs, which I will follow up in so far as we can do anything. I will certainly pursue the suggestions he has made and I am sure Mr. Justice Charleton will be equally concerned to do that.

A point was made on the media. The media are included in the terms of reference and it is entirely up to the judge to decide, based on his interpretation of the evidence before him, which media outlets to approach. It will be at the discretion of the judge to decide how he will deal with many of the points raised by Deputies. The way in which tribunals of inquiry operate is that the judge decides how precisely to carry out the terms of reference. The judge will have considerable discretion in regard to bringing in relevant people, how media will be defined and so on. These decisions will be clearly based on the evidence before him.

Deputy Mick Wallace made a point on recommendations. One would expect, based on the work of the tribunal, that the judge would be in a position to make recommendations and this would include policy recommendations in respect of the subject matter of the tribunal of inquiry. I do not have to repeat what the inquiry will cover. This issue is built in to the terms of reference.

While it would be extremely difficult to do emergency legislation on changing tribunals of inquiry, I will examine whether it is feasible to do so. Perhaps I will be able to consult the judge on that matter. My advice to date, however, is that it would not be feasible to do so.

I will mention a few other points that were made. The Health Service Executive is included.

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