Enda Kenny (Mayo, Fine Gael) | Oireachtas source

I have already dealt with the Deputy's question. I asked the sole member, Mr. Justice Fennelly, who was in charge of the commission to deal, in the first instance, with two elements of what was considered important in the terms of reference. He dealt with those elements and the findings of the sworn inquiry are clear. The finding of Mr. Justice Fennelly was that the former Garda Commissioner decided to retire.

In the context of the second Fennelly report, the Attorney General was quite justified in bringing to the attention of the public - and to me, as Taoiseach - an extraordinary situation whereby hundreds of thousands of phone calls over a very long period were made to certain Garda stations and were recorded unlawfully. Who knows what might have been said during some of those phone calls? There was a woman murdered in west Cork and, in respect of phone calls made to a Garda station, this had a bearing on the setting up of a commission of investigation.

The commission of investigation is clear in its findings: These phone calls were unlawful in being taped, they were unconstitutional and they did not interfere, at the end of the day, with any case before the courts or pending going to the courts. This was not a case of what the Deputy describes as over-reaction or panic. It is a very important element of the security of our State and confidence in the Garda. As Mr. Justice Fennelly has pointed out, this happened in Garda stations around the country over a very lengthy period. It has now ended and the situation arising from that means that the root-and-branch analysis of An Garda Síochána will take these matters into account, with the Policing Authority, with GSOC and through the action that the Government will take in respect of any legislation that is necessary.

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