Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

Until we receive the legal advice from the Attorney General and others, I cannot answer the question. I would like to be able to answer it as soon as possible. I do not want to have the Government take action without knowing what we can do legally. We do not want to find ourselves costing the taxpayer even more money by making a decision that might appear to be the right one but without having done the correct analysis first.

The Minister for Justice and Equality met Sergeant McCabe and his wife to apologise in person on behalf of the State for the manner in which he was treated. The new Garda Commissioner, Drew Harris, has done the same.

In accordance with section 48 of the Garda Síochána Act 2005, the Minister, on the recommendation of the then Garda Commissioner, approved to grant State representation to Mr. Callinan for the purpose of that case. That was done in July before the tribunal reported. He, along with all other parties in that action, is currently represented by the Chief State Solicitor's office. It is important to say on the record of the Dáil that State representation does not constitute an undertaking or a grant of indemnity. That has never been granted. Nor does the granting of representation imply that the case is going to be defended. It just means that the party is legally represented.

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