Dáil debates

Tuesday, 21 November 2017

2:55 pm

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats) | Oireachtas source

As I know and respect the fact that the Cregan commission of investigation is under way, I will not comment on the substance of that inquiry. However, I must raise concerns regarding information that is now in the public domain, regarding a request by Mr. Justice Brian Cregan for a doubling of legal fees, and a significant extension of time for the commission to complete the Siteserv module. If the full increase in legal fees is granted, it is anticipated the inquiry will cost in the region of €25 million but the original preliminary estimate was €4 million. The inquiry commenced in mid-2015 and is now seeking yet another extension to the end of 2018. From the outset of this process, I and others expressed a desire that the inquiry would not cost a fortune and would not go on for years. It is my understanding that commissions of inquiry are answerable to the Dáil and the Taoiseach should confirm that is the case.

The intention, as I understood it, was that the commission would act as a means of investigation led by a judge, that it would take information provided to it and would investigate based on this and other information it received. It was not intended to be a judicial process and I have serious concerns now that it is deviating from the role originally envisaged for it. In my first communication with the commission, I sought an undertaking on confidentiality. I had given assurances to those from whom I had received information that I would not reveal their identities, and I have not and will not reveal their names. My co-operation with the Commission is without question up to the point that such co-operation requires me to divulge confidential sources, thus potentially putting people in harm's way. When whistleblowers come to us as Deputies they sometimes seek assurances about confidentiality and we, as public representatives should, and must respect that.

The information I was given, much of which I passed on to the inquiry, is apparently being reduced in value because I will not identify my sources. I have a problem with that. Now it appears that retrospective changes have been made to the procedures. Recently, I learned that my submission has been widely circulated to what are described as "potentially interested" parties. When I sought assurances on confidentiality from the commission, prior to submitting any information, I was told it would only be divulged as necessary. There appears to have been a significant deviation from “where necessary” to “potentially interested”. That is no small difference.

Will the Taoiseach outline to the Dáil how he intends to handle the request for a doubling of legal fees? If it is to be granted, what Department will the money come from? Will he confirm that the commission is indeed answerable to the Dáil? Does he have concerns regarding the deviation from “where necessary” to “potentially interested” in regard to the circulation of sensitive information supplied to the commission?

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