Pat Gallagher (Donegal, Fianna Fail) | Oireachtas source

Before I invite the Minister for Justice and Equality to make his statement, I wish to outline the position on sub judicematters for the information of Members. Standing Order 59 states, "a matter shall not be raised in such an overt manner so that it appears to be an attempt by the Dáil to encroach on the functions of the Courts or a Judicial tribunal". Questions relating to matters of internal administration or communications with the Department of Justice and Equality are not sub judiceas they do not fall within the terms of reference of the disclosures tribunal. However, I cannot allow any questions regarding communications involving the Commissioner as they are covered by the tribunal's terms of reference and are sub judice.

The disclosures tribunal published a public notice on Friday last, 24 November, in which it stated that it will sit from Monday, 8 January 2018 to consider a range of matters commencing with the O'Higgins commission issue. It further stated that it intends to deal with certain relevant matters in a single hearing, with a view to completing the hearings of the tribunal with the utmost expedition. In the circumstances, it would be a clear encroachment on the tribunal's functions for the House to debate such matters. We had a similar debate last week and everyone stayed within the guidelines. I have no doubt they will do so on this occasion as well.

We will have a ten-minute statement from the Minister, Deputy Flanagan, and there will then be six minutes for each of the groups. Similar to last time, there will be one minute allowed for a supplementary question and one minute for a reply. I should not have to advise members, but I will do so. I will be very strict in enforcing that one-minute rule.

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