Niall Collins (Limerick, Fianna Fail)
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6. To ask the Minister for Justice and Equality the follow up action he has taken in view of the Smithwick tribunal report; and if he will make a statement on the matter. [9582/14]

Niall Collins (Limerick, Fianna Fail)
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I reiterate our party position that we welcome the State apology to the families following the publication of the Smithwick tribunal report. There has been some recent reportage of potential challenge to some of the findings of the report. Can the Minister expand on the follow-up action he has taken arising from the publication?

Alan Shatter (Dublin South, Fine Gael)
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The Smithwick tribunal submitted its final report to the Clerk of the Dáil on 29 November 2013 and the report was published on 3 December 2013. In the absence of direct evidence, the tribunal found that, on the balance of probabilities, there was collusion by an unknown garda or gardaí in the murders of RUC officers Harry Breen and Bob Buchanan. This is a finding of the utmost seriousness. On the publication of the report of the tribunal I apologised on behalf of the Government to the Breen and Buchanan families for any failings identified in the report on the part of the State or any of its agencies. The Taoiseach and the Tánaiste reiterated this apology. I also wrote to the two families to convey the apology and to express my sympathy directly. On the day following publication of the report, I met with the Garda Commissioner. He has also publicly expressed his apology to the Breen and Buchanan families and his horror that any garda would have colluded with the Provisional IRA. It is notable that there has been no apology or expression of remorse from Sinn Féin for these murders so callously carried out by their erstwhile comrades.

The tribunal made a number of recommendations with regard to North-South police co-operation and matters relating to Garda discipline. I met with Northern Ireland Minister of Justice, David Ford, MLA, who is my counterpart on the Northern Ireland Executive, on 17 December and we were joined at that meeting by the Garda Commissioner and the PSNI Chief Constable. We discussed the Smithwick tribunal’s findings and its recommendations on cross-Border police co-operation. At that meeting the two police chiefs emphasised that Garda-PSNI co-operation remains close and productive, and will continue to be a key element in countering the current security and other crime threats which this island faces. The two police forces have the full support of me and Mr. Ford in this regard. Mr. Ford and I tasked our officials and the two police forces to review the Patten programme of personnel exchanges and secondments, which has been in operation since 2005, to see whether additional value for the two forces can be gained from it. The establishment of such a programme was recommended by the tribunal.

Additional information not given on the floor of the House

The tribunal also made recommendations on personnel management in the Garda Síochána and Garda discipline. It is important in this regard to note the changes the already in place since the enactment of the Garda Síochána Act in 2005 with regard to the management of the force. The Deputy will also wish to note that a number of the matters to which the tribunal referred in its recommendations are directly relevant to the Garda discipline regulations which were put in place in 2007. These regulations are currently under review and the tribunal’s views will be taken into account in that context.

Niall Collins (Limerick, Fianna Fail)
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The Minister stated that he met his counterpart in Northern Ireland. Can he clarify what, if anything, was agreed, the follow-up actions arising from that engagement and the timeline for them?

Alan Shatter (Dublin South, Fine Gael)
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As I said, in the context of the meeting we tasked our officials to undertake any further work required to ensure any issues that remain to be addressed arising from the Smithwick report are addressed. As I said there is very close co-operation between the Garda Síochána and the PSNI. There is continuing contact between the Chief Constable in Northern Ireland and the Garda Commissioner. Mr. Ford and I emphasised our full support for both bodies and the work they are doing. I expect in the not-too-distant future to receive a report of the outcome of the work that is being undertaken arising from the Smithwick report.

As Deputy Niall Collins has rightly noted, court proceedings have been taken challenging some of the conclusions contained in that report. In the context of those court proceedings I want to be careful to say anything that would in any way prejudice the proceedings. As the Deputy knows, the Government has accepted the Smithwick tribunal report and the Taoiseach, Tánaiste and I expressed our apologies to the bereaved families of the honourable members of the PSNI. When the work that is under way is completed I will be in a position further to report to the House on it.

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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I want to establish the Government's opinion of the critique of the Smithwick tribunal that was presented to him by the retired detectives, former chief superintendents John O'Brien, Michael Finnegan and Michael Staunton. It is a 30-page review and critique in which they contest Mr. Justice Smithwick's findings. Has the Minister had a chance to examine that and what is his view on it?

Alan Shatter (Dublin South, Fine Gael)
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The Government must accept Mr. Justice Smithwick's report. I presume the Deputy raises that matter in the presentation he makes to this Dáil seeking either to defend the Garda Síochána one day or to criticise it the next day. It is difficult to keep pace with Deputy Mac Lochlainn's approach to the Garda Síochána. I am more interested in knowing whether Sinn Féin condemns-----

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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Could the Minister answer the question please? Could we get a question answered at some stage today?

Alan Shatter (Dublin South, Fine Gael)
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-----the barbaric murder of the two members of the PSNI and in the context of the Deputy's very cynical presentation in this House, as a defender of the Garda Síochána, he might indicate whether he was supportive-----

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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Could the Minister answer the question? Is it unreasonable to expect the Minister to answer one question? He treats this House with contempt every time. Could one of our Deputies have a question answered today?

Alan Shatter (Dublin South, Fine Gael)
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The Deputy might indicate to the House, in expressing his support for the Garda Síochána, whether he condemns his colleagues in Sinn Féin who met those who were released from prison and who were convicted of matters relating to the death of Detective Garda Jerry McCabe.

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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On a point of order, I invite any journalist or independent person to observe the transcript of today's question and answer session to see if any Deputy here got a straight answer to any of our questions.

The Minister spoke for nearly one and a half minutes and he still has not answered the question put to him, as he has not in relation to the Commissions of Investigation Act 2004. Using his old skills as a solicitor, he got into spurious diversions to not answer the question that is being put to him. That is my point of order. For once, could the Minister answer a question that has been put to him, in this House or in one of these committees?

Michael Kitt (Galway East, Fianna Fail)
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I will deal with that. There is a provision in Standing Orders that any Member can go to the Ceann Comhairle if he or she is not happy with the reply, and I would advise Deputy Mac Lochlainn to do that.

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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I may well do.