Thomas Byrne (Meath East, Fianna Fail) | Oireachtas source

If were ever to do that, there is a rigmarole and a fair procedure that must be carried out. It was gone through, to some extent, on one occasion in respect of a particular judge. These are set down in law. We have got to be aware of our functions. Our more important function is to ensure that the laws are there, that gardaí can do their jobs properly and that the Minister is held to account. Quite frankly, we are not entirely satisfied with how the Department of Justice and Equality and the Minister are carrying out their functions in this regard. There may well be further questions on this.

If the Dáil decides that it wants to pass a law which says that it has the power to hire or fire a Commissioner, then let that legislation be put forward. That is certainly open to the Dáil to do. I am not sure that I would support such a move.

Deputy O'Callaghan used the example of a principal, and it is certainly one I have used myself. I have no doubt that if a motion on the Commissioner were to pass, some parties in this House would be very quick to come in with a motion of confidence in, for example, the Director of Public Prosecutions, or in other bodies. Where would that end? We must have that separation. We must allow executive bodies to get on with their work, but we must also hold the Government to account. Deputy O'Callaghan has also outlined that Fianna Fáil, in Government, would necessarily be in a different position. Certainly, we think the Commissioner is not doing the job that she needs to be doing.

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