Charles Flanagan (Laois, Fine Gael) | Oireachtas source

It may assist the House to recall that the O'Higgins Commission of Investigation was established to examine allegations relating to the Cavan-Monaghan division of An Garda Síochána, particularly allegations of serious Garda failures in the investigation of criminal offences.  The commission also examined the action taken by the Department of Justice and Equality on foot of certain complaints made to the then Minister. I have been assured that officials in the Department provided full information and co-operated fully with the commission.  I have been assured that there was extensive and full disclosure of documents on foot of detailed discovery orders made by the commission. A number of officials gave evidence before the commission.

 I am advised that at no stage did Mr. Justice O'Higgins express the view that the Department had not fully co-operated with the commission. The judge acknowledged in his report the co-operation the commission had received from all persons. The commission's key finding in this respect was that the initial complaint made to the then Minister in 2009 was dealt with appropriately. No criticism arises in that regard.

Furthermore, the commission found that reports to the Department from the confidential recipient were taken seriously and addressed promptly.  With regard to a complaint against the Garda Commissioner, it concludes that a request to the Commissioner for a report was entirely reasonable and appropriate. It also concludes that the decision that no further steps were warranted at the time by the Minister, or by officials, took account of all relevant factors and was appropriate. These findings suggest that the Department provided full information to the commission and co-operated fully with it.

The second part of the Deputy's question relates to a review that was carried out by a former High Court judge, Mr. Justice Iarfhlaith O'Neill. Mr. Justice O'Neill was asked to review allegations contained in two protected disclosures that had been sent to then Minister, Deputy Fitzgerald, and to advise her on the most appropriate way to deal with them.  I am informed that my Department provided the said protected disclosure letters to Mr. Justice O'Neill and responded to all requests for assistance made by him.  I am further informed that in the course of his review, other correspondence received by the Department was forwarded to Mr. Justice O'Neill for his consideration. I am assured that my Department provided Mr. Justice O'Neill with all the information he required.  Arising from Mr. Justice O'Neill's preliminary review and following cross-party consultation, the Government established the Disclosures Tribunal, which is currently examining these and other matters.

See this speech in context