Mick Wallace (Wexford, Independent)
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1. To ask the Taoiseach if he will provide the extension of time that was sought and granted before Christmas 2014 regarding the completion of the Fennelly report; if the report will be published in full and in advance of the next general election; when the interim report will be published in full; and when and if it has already been received. [1412/15]

Micheál Martin (Cork South Central, Fianna Fail)
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2. To ask the Taoiseach if he will report on the extended time requested and allowed for the Fennelly report; and if he will make a statement on the matter. [6614/15]

Micheál Martin (Cork South Central, Fianna Fail)
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3. To ask the Taoiseach the position regarding the extension provided to the Fennelly commission; and if he will make a statement on the matter. [9972/15]

Micheál Martin (Cork South Central, Fianna Fail)
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4. To ask the Taoiseach when he and his Department are expecting the final report of the Fennelly commission; and if he will make a statement on the matter. [11631/15]

Joe Higgins (Dublin West, Socialist Party)
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5. To ask the Taoiseach when his Department expects the final report of the Fennelly commission; and if he will make a statement on the matter. [12747/15]

Gerry Adams (Louth, Sinn Fein)
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6. To ask the Taoiseach his views on the request for an extension of time; and the Government’s agreement to this, for the Fennelly commission; and if he will make a statement on the matter. [12781/15]

Enda Kenny (Mayo, Fine Gael)
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I propose to take Questions Nos. 1 to 6, inclusive, together.

The establishment of the Fennelly commission was one of a wide range of decisions taken by the Government to help restore trust in the justice system following a series of events and allegations which caused very significant public concern. These include the most wide-ranging reforms of the policing and justice system since the foundation of the State, as well as robust actions taken to investigate certain allegations. The policing reforms include the establishment of a new independent policing authority; the appointment of a chair-designate for the new authority; the first-ever international open competition for the position of Garda Commissioner, which was run by the Public Appointments Service and involved the chair-designate of the new authority; a similar open competition, which is currently under way, for the positions of Deputy Commissioner in the Garda Síochána; the provision of enhanced powers to the Garda Síochána Ombudsman Commission; the passing of new legislation to protect whistleblowers; and the reform and extension of freedom of information legislation.

The drafting of the legislation to establish the independent policing authority is nearing completion and it is intended that it will be published in early May. I hope it can be enacted by the summer recess. When the Bill is published, the Public Appointments Service will be requested to conduct an open process for the selection of the remaining members of the police authority and a new chief executive and support staff. The authority will then be established in shadow form so that it can commence preparations for its formal establishment and get down to work quickly.

In addition to this series of reforms, the Minister for Justice and Equality commissioned a report from an expert independent review group, chaired by Mr. Kevin Toland, into the Department of Justice and Equality. That report was published in July 2014 and the Department is now implementing its recommendations.

As well as implementing wide-ranging reforms, a number of independent inquiries were established by the Government to investigate serious matters of public concern. Mr. Justice Cooke was appointed to investigate allegations that the Garda Síochána Ombudsman Commission was the subject of unlawful surveillance. His report was published in June 2014.

Micheál Martin (Cork South Central, Fianna Fail)
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On a point of order, is the Taoiseach answering Questions Nos. 1 to 6, inclusive?

Enda Kenny (Mayo, Fine Gael)
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Yes.

Micheál Martin (Cork South Central, Fianna Fail)
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That includes the Fennelly commission.

Enda Kenny (Mayo, Fine Gael)
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Yes.

Mr. Sean Guerin SC was appointed to investigate allegations made by Garda Sergeant Maurice McCabe about crime investigations in the Cavan and Monaghan district. His report was published in May 2014. He recommended that a commission of investigation be established to further investigate certain matters. That commission, whose sole member is Judge O'Higgins, has now been established and has commenced its work.

Potentially the most serious allegations related to taping of telephone calls in Garda stations over a period of 30 years or more, including their possible implications for a case that was then before the courts. This is the case taken by Mr. Ian Bailey, which concluded recently. Those allegations are now being investigated by a commission of investigation, whose sole member is Mr. Justice Fennelly. Following the initial proposal to investigate the taping allegations, the Oireachtas Joint Committee on Justice, Defence and Equality wrote to me recommending that the Fennelly commission should also address issues related to the retirement of the Garda Commissioner. I agreed to that proposal.

The terms of reference of the commission were therefore amended to include issues relating to the furnishing of a letter dated 10 March 2014 sent by the then Garda Commissioner to the Secretary General of the Department of Justice and Equality and the sequence of events leading up to the retirement of the Garda Commissioner. In July 2014, Mr. Justice Fennelly advised me that it would not be possible to complete the full investigation by the end of last year but that it may be possible for him to submit an earlier interim report on the issues of the Commissioner's letter and his retirement, if so requested by me.

In response, I formally requested that Mr. Justice Fennelly submit that interim report if he believed it to be feasible and appropriate, and I informed the Dáil of that request. In November 2014, the commission submitted a detailed progress report to me and formally requested an extension of the timeframe for his full investigation. He also indicated that he expected that his interim report on the issues of the letter and retirement would be submitted by the end of March 2015. I agreed to the extension of the overall timeframe. I also published the detailed progress report.

In February 2015, Mr. Justice Fennelly wrote to me again stating that the commission was at an advanced stage in its preparation of a draft interim report. He also indicated that the draft interim report would not be disseminated to affected parties, which is required under the relevant legislation, until after the proceedings in the Bailey case had been disposed of by the High Court. That letter was also published by me. The proceedings in the Bailey case have now been disposed of. It continues to be entirely a matter for Mr. Justice Fennelly how he conducts his investigation and when he submits his reports. It would be totally inappropriate for the Government to seek to direct the independent chair of the commission of investigation as to how he should prioritise or otherwise conduct his work. I am aware of speculation about the evidence given to Mr. Justice Fennelly by me and by others.

Mr. Justice Fennelly's progress report of November 2014, which has been published, outlines the procedures followed by the commission. It states that he wrote to 20 witnesses and heard oral evidence from 15 witnesses. He also stated in his November report that some witnesses were recalled in September, that the process was not yet complete and that he anticipated further hearings. I have provided written and oral evidence to the commission, at its request, in respect of those matters of which I have personal knowledge. That evidence was given in private, in accordance with the Commission of Investigation Act.

The rules and procedures of the commission state that the disclosure of evidence heard or documentation produced to the commission in private is not permitted save in certain limited circumstances set out in the Act, and may constitute a criminal offence. I understand that those rules and procedures were provided to all witnesses. I therefore cannot comment on my own evidence or that of any other witness. It is a matter for Mr. Justice Fennelly to finalise his report in accordance with the procedures set out in the relevant legislation. When his completed report is received by me, I will publish it in accordance with the law.

Mick Wallace (Wexford, Independent)
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It is ironic that we are discussing this while the former Minister is in court answering questions on similar topics. I gather the Taoiseach is saying that although he promised the Fennelly report would be published before the end of 2014, he is now saying it will be by the end of 2015 and that it is out of his hands. The progress of the promised reform is frustrating. It is all linked. There is a perception that the Taoiseach is not very keen on getting to the truth. I fear there are many things we will not discover before the next election.

The Guerin report was set up nine months after it was initially planned. Perhaps the Taoiseach can enlighten us on why it took so long. The excuse used for the independent review mechanism, which was to be delivered in September and which we have still not seen after Easter - eight months later - is that there are a lot of cases. There are always a lot of cases. I wonder why the Taoiseach thought it could be delivered in September.

I wonder why the GSOC changes that the Taoiseach was extolling some moments ago have not been implemented. The legislation has not been put in place, and I find this a bit strange, given that it was passed in the House. What was passed is a weak version of what we proposed in the Police Bill in 2013 and 2014. The Taoiseach has probably brought in around 10% of the recommendations of Professor Dermot Walsh, an expert in the field. There was much talk about GSOC holding the Commissioner to account, but clearly it can only do so with the permission of the Minister of the day. This means the process remains politicised.

The Taoiseach boasts about having appointed an independent police authority. The authority was to be up and running by December 2014. Last month I asked the Minister for Justice and Equality, Deputy Fitzgerald, for the latest date by which the authority would be up and running, and she said she hoped to have it up and running by the end of 2015. It beggars belief that there could be such a difference between the current estimate and the original proposal that it be up and running by the end of 2014. In addition, the appointment of the chairman was a political appointment, no matter how independent the Taoiseach says it was. Likewise, the Taoiseach called the appointment of the Garda Commissioner an open competition, although we have pretty good evidence that Nóirín O'Sullivan was earmarked for the job long before any open competition started.

The Taoiseach sees an independent policing authority as a cornerstone of historic police reform. I believe an independent policing authority would be historic, and would be absolutely crucial to remodelling our police force, which, sadly, seems to distance itself from an explicit and focused human rights agenda. This is core to many problems in the police force. Unless the policing authority is truly independent and completely depoliticised, many of the problems will continue. Over the past year, the Taoiseach has had a wonderful opportunity to make things different. Fine Gael has always prided itself on being the party of law and order, and there is an appetite among people for a different police force. I do not believe the Government has really grasped how much needs to be changed.

I will not go into the whistleblower elements that we have not yet mentioned. It is clear that all is not well and that many problems remain in the force. GSOC, which is also crucial, now has the role of the confidential recipient but not the resources to deal with it. A garda made a complaint to GSOC in September and was told in December that the matter was being taken seriously, but he has not heard a word since, which is worrying. I am not giving out to GSOC or suggesting it is being underhanded but that it finds it difficult to do its job. GSOC is not being resourced as well as it needs to be for its challenging job. It is not yet getting the sort of co-operation required to be an effective oversight and investigative body.

The Taoiseach will be aware of the fact that Deputy Daly was arrested two years and three months ago on a drink-drivingcharge. GSOC has been dealing with it for two years and three months and we still have not received a report on it. Here is a sample of why we have not. GSOC wrote to Deputy Daly's solicitor, stating:

Unfortunately, the gardaí who were directly involved in the arrest have declined to voluntarily provide accounts or to cooperate with the GSOC investigation. I have directed that accounts be obtained from the members by use of the power of compellability contained within Section 39 of the Garda Síochána Act 2005, as amended [...] Section 39 of the Act imposes on a Garda member a duty to account for any act or omission made by the member whilst on duty. A failure answer may leave the garda member subject to disciplinary action, including dismissal.

We have also been unable to secure a meeting with the local District Officer. I understand that he has been periodically unavailable for personal reasons. We have been attempting to arrange this meeting [for a long time]. A number of letters and phone calls have gone unanswered since then, and consideration will now also be given to using the powers available to us under Section 39 of the Act to secure the cooperation which I consider to be necessary.

We have also experienced delay on the part of the garda authorities in responding to general documentation requests. There is a protocol between GSOC and the Garda Síochána as to how such requests are to be made and fulfilled. Under the agreement, the Garda Síochána has undertaken that "The information requested by the Garda Síochána Ombudsman Commission will be made available as soon as practicable and in any event the information will be provided within 30 days". Unfortunately, this undertaking has not been met.

[...]

I am also aware that the garda authorities appointed a Superintendent to carry out some level of internal enquiry as to the accessing of PULSE following the arrest of Deputy Daly. Thirty-three days have elapsed since I requested the identity of this Superintendent, and access to documents obtained by him/her. At time of writing, I am still unaware as to the identity of the Superintendent and do not know what level of enquiry he or she has conducted, the degree to which it might overlap the GSOC Investigation and I am still unaware as to whether the Garda Síochána is carrying out an investigation into any aspect of the arrest and the subsequent press coverage of same. This has the potential to impact adversely on the GSOC investigation.

At present, there are a still number of items which the garda authorities are refusing to supply to GSOC. Further representations are being escalated to senior gardaí in accordance with the protocols between GSOC and the Garda Síochána.

These delays on the part of the garda authorities have inevitably and regrettably slowed the progress of the GSOC investigation. Further efforts will be made by GSOC to secure the requested material, and I will keep you apprised of any developments.

Enda Kenny (Mayo, Fine Gael)
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I agree that the situation would be far better if this matter were cleared up once and for all. I recall the issue surrounding Deputy Daly and the clarification about that. Perhaps the Deputy might be good enough to give me a copy of the document he read into the record and I will have that communicated to the Minister for Justice and Equality immediately. I am sure the Garda Commissioner herself would want to see that this matter is concluded in so far as the issues Deputy Wallace has raised are concerned.

I took a few words from what the Deputy said. He indicated that we are more or less saying that commissions of investigation are out of our hands. They are, and it is not that we are just saying that now. We have always said that. Once the Cabinet approves terms of reference and they are debated and agreed by the House, or voted on by the House, the commission of investigation becomes the sole responsibility of the person in charge of it. That is not a new issue, it has always been the case, and it is perfectly clear and distinct from any responsibilities in the Chamber.

The changes in the justice system that were referred to are the most extensive since the foundation of the State. The appointment of an independent policing authority speaks for itself. That is now in the process of becoming a formal entity, which is a clear decision of Government, and it puts the justice system and the Garda in a very different space from what they have occupied since 1922. I am not sure what the Deputy means when he says there seems to be a failure to get at the truth. If he wants to clarify that in a supplementary question, I would be happy to listen to him. What is it that he feels we are not looking at? Is he suggesting that there is something here which is deliberately not being analysed or investigated?

I cannot accept his statement that there is pretty good evidence that the current Garda Commissioner was earmarked for the job. This was an open competition, both nationally and internationally, with a very independent interview process. That was also by decision of the Government. Garda Commissioner O'Sullivan came through that process very strongly, from the applications to the short list to acceptance by the Government. That included the shadow chairperson of the policing authority. The independent policing authority is independent. It puts the situation in a very different light from before.

The Deputy said that people still do not seem to have grasped how much it needs to be changed. However, the changes that have occurred or are in the process of occurring include the establishment of an independent policing authority; the appointment of a chairman designate; the international open competition for the Garda Commissioner; a similar open competition, which is now under way, for the appointment of Deputy Garda Commissioners; the provision of enhanced powers under GSOC; the passing of new legislation both in respect of freedom of information and of whistleblowers; and the Garda Síochána (Amendment) Act 2015, relevant to GSOC, which was enacted in March 2015 and provides for the strengthening of the powers and the functions of the Garda Síochána Ombudsman's Commission in respect of complaints, procedures and investigations. These provisions will commence very shortly. The process of appointing the Garda Commissioner was by open, international competition, and the same applies in respect of the two current vacancies at deputy commissioner level. The policing authority Bill was published last November. It was referred to the Oireachtas committee for pre-legislative scrutiny, as is now the norm. The text of that Bill will be published by the Government early in May. It is also intended to advertise for the remaining members of the authority in early May, through the Public Appointments Service, and to appoint a chief executive. That is a very significant change from the process that used to apply. If the Deputy wants to discuss his comments about pretty good evidence and a perception that there is a reluctance to get at the truth, I would be happy to respond to him.

Micheál Martin (Cork South Central, Fianna Fail)
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Let us get back to the actual subject of the six questions, namely, the Fennelly commission. The Taoiseach took us on a tour of the entire justice portfolio in his opening reply. To set the scene again, the reason I tabled three of these questions on the extended time requested and allowed for the Fennelly report and asking the Taoiseach whether he would make a statement on the matter is that the Taoiseach has essentially refused to answer any specific questions about the commission as it is still reporting. We must always remember that this relates to a meeting held on Monday, 24 March 2014, which the Taoiseach attended, as well as two Secretaries General, and over a year later we still do not know what were the instructions to the Secretary General of the Department of Justice and Equality.

In advance of the establishment of the Fennelly commission, the Taoiseach refused to give a proper, comprehensive account of what happened, and we only learned a few days after the event that he had sent the Secretary General of the Department of Justice and Equality. There has been a fundamental lack of transparency regarding a very serious issue, namely, the forced resignation or, as I said at the time, the sacking, of a Garda Commissioner, or whatever one wants to call it. The sequence of events was blurred. We would never have needed Fennelly to investigate it had the Taoiseach been forthcoming in the House and fully transparent about all that took place. The Garda Commissioner resigned the morning after the meeting that was held in the Department of the Taoiseach. We do not know what was discussed or what directions were given to Mr. Purcell before he visited the home of the then Garda Commissioner, Martin Callinan. No minutes of the meeting were kept. The former Secretary General could not attend the justice committee or answer questions there because he was going before the Fennelly commission. Although we talk about the primacy of the House, in this case the House was sidelined.

When the Taoiseach was asked in a very straightforward way whether he had been called back before the Fennelly commission, he gave a long rigmarole about him not being legally allowed to say whether he had been called back and that it would be an offence to do so. The solicitor of the commission has confirmed that it would not be an offence and was unable to cite any legislation which would make it an offence for witnesses to confirm their attendance. However, the Taoiseach continued to publicly mislead everybody by saying it would be an offence to confirm his attendance. It would have been no big deal to have said he had attended the commission a second time. In the Taoiseach's reply, could he confirm whether he was called back a second time by the Fennelly commission?

Overall, there has been an unhealthy unwillingness on the part of the Taoiseach to be up front and straight about what happened during the days leading up to the resignation of the former Garda Commissioner. The truth cannot harm the inquiry. As the then Tánaiste, Deputy Gilmore, said, the public is entitled to know the full facts surrounding the resignation of the Garda Commissioner. The former Minister for Justice and Equality, Deputy Shatter, has resigned. The Secretary General of the Department has been transferred to another Department. Serious questions remain unanswered. Although the Taoiseach could have answered all the questions in the Dáil, he asked a retired Supreme Court judge to investigate the matter. The Taoiseach trotted out the line that the committee asked him to do it and he agreed. I do not buy it. This has been deliberately put on the long finger to get him out of a hole. It flies in the face of all the talk about how "Paddy likes to know" and transparency which the Taoiseach said before he came into government and was elected Taoiseach. A year and three months later the Taoiseach cannot come here and give us a straight narrative and tell it as it is. He could have done it at the time.

The terms of reference of the commission state include:

(n) to investigate and report on the furnishing to the Minister of a letter dated 10 March 2014 sent by the former Garda Commissioner, Mr. Martin Callinan, to the Secretary General of the Department of Justice and Equality;

(o) to investigate and report on the sequence of events leading up to the retirement of the former Garda Commissioner, Mr. Martin Callinan.

Enda Kenny (Mayo, Fine Gael)
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The Deputy has had a long time to speak. He cannot have it both ways. I could have gone before the Oireachtas committee and had a long discussion. However, people requested an independent investigation. When an independent investigation by a commission is under way-----

Micheál Martin (Cork South Central, Fianna Fail)
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The Taoiseach could have answered the Leaders' Questions I put.

Enda Kenny (Mayo, Fine Gael)
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As I said in my reply, potentially the most serious issue was the taping of telephone conversations in Garda stations throughout the country over a period of 30 years. When citizens would telephone Garda stations with comments or views, the calls were being recorded without their knowledge. This went on for so long that it is of the most serious import. The commission of investigation under Mr. Justice Fennelly faces an enormous challenge.

I do not accept the Deputy's assertion in respect of the forced resignation of anybody. The Garda Commissioner is a very important position in the Constitution, and there is a process if a Government has a wish to force the retirement of a Garda Commissioner. The Deputy knows that. It applied before in the case of a previous Garda Commissioner who was removed by a Government. Does the Deputy not understand that the people I was speaking to would not have allowed such a thing to happen without the set process being put in place? Surely he does not wish to undermine the integrity of such people, even if there were any intent to do what the Deputy suggests. I do not accept the Deputy's assertion at all.

I also do not accept the Deputy's assertion that there was some type of add-on, as the Deputy describes it, by the Oireachtas committee. This is a properly constituted committee of the House. It agreed unanimously to write to me and it made three requests. I complied with two of them fully but I could not comply with the third, which was to dictate to the sole member when a report might be produced. The Deputy has made comments in the past that the report, which is not yet written and was not yet written at that stage, should be published. The Deputy knows one cannot do that, because he sat around the Cabinet table when the Commission of Investigation Act was processed.

Micheál Martin (Cork South Central, Fianna Fail)
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I asked that the Taoiseach publish it forthwith, as soon as he gets it.

Enda Kenny (Mayo, Fine Gael)
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Yes, and I have already told the Deputy-----

Micheál Martin (Cork South Central, Fianna Fail)
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The Taoiseach did not publish the interim one.

Enda Kenny (Mayo, Fine Gael)
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I was not obliged to publish what was an update. I have already told the Deputy that when I receive the final report-----

Micheál Martin (Cork South Central, Fianna Fail)
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Does the Taoiseach not think he should have, in the interests of transparency?

Enda Kenny (Mayo, Fine Gael)
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I have already told the Deputy that when I receive the final report I will be happy to publish it, in accordance with the law of the land. I have set out all of the issues-----

Micheál Martin (Cork South Central, Fianna Fail)
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What does the Taoiseach mean by "in accordance with the law of the land"?

Enda Kenny (Mayo, Fine Gael)
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I mean the law in respect of the publication of commission of investigation reports. I will abide by that law, as I am obliged to do. I have published letters that I have received from the commission of investigation for the information of the public. That is in everybody's interest.

I already made the point that the sole member has written to indicate the updated report, of which the Deputy is aware. I noted that following the conclusion of the Bailey case a spokesperson for the commission of investigation indicated that the commission was moving on to draft a report. Obviously, I have no information about that, nor could I have. Deputy Martin will understand that. Deputy Martin demanded that the report be published, but that is entirely a matter for the sole member, Mr. Justice Fennelly. If the Deputy questions the timing-----

Micheál Martin (Cork South Central, Fianna Fail)
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Is the Taoiseach saying that the decision to publish it will be a matter for the sole member?

Enda Kenny (Mayo, Fine Gael)
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No. A decision to draft and present the final report is a matter for Mr. Justice Fennelly. He will send that final report to me in due course and I will publish it.

Micheál Martin (Cork South Central, Fianna Fail)
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Are there any time limits?

Enda Kenny (Mayo, Fine Gael)
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No. When the Deputy questions the time limits, he is calling into question the competence of a very fine judge.

Micheál Martin (Cork South Central, Fianna Fail)
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I am not.

Enda Kenny (Mayo, Fine Gael)
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I do not have any function-----

Micheál Martin (Cork South Central, Fianna Fail)
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The former Minister, Deputy Shatter-----

Michael Kitt (Galway East, Fianna Fail)
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The Taoiseach to reply.

Micheál Martin (Cork South Central, Fianna Fail)
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-----repeatedly sought to shorten the time limits in the case of the Smithwick inquiry, and he did shorten those time limits. That was discussed in this House.

Enda Kenny (Mayo, Fine Gael)
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That was a tribunal which continued for over 12 years.

Micheál Martin (Cork South Central, Fianna Fail)
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That is my point.

Enda Kenny (Mayo, Fine Gael)
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The Government decided that there should be an updated report every six months.

Micheál Martin (Cork South Central, Fianna Fail)
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That proves my point. Likewise-----

Michael Kitt (Galway East, Fianna Fail)
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Order, please.

Enda Kenny (Mayo, Fine Gael)
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In this case, Mr. Justice Fennelly has written to me. The Deputy saw his report and his letter. He indicated that he did not intend to deal with this until such time as the Bailey case was finished. That is now concluded, and a spokesperson has said it is moving on.

In his letter on 17 February last, Mr. Justice Fennelly said:

The Commission is at an advanced stage in its preparation of a draft interim report on these matters. In accordance with Section 34 of the Act, before the report is submitted to you as specified Minister, copies of the draft or relevant extracts thereof must be submitted to any person who is identified in or identifiable from it, in order that he or she may have the opportunity to submit statements to the Commission or applications to Court, if it is alleged that the Commission has not observed fair procedures.

The Commission has at all times been mindful of the High Court proceedings currently underway involving Mr. Ian Bailey and Ms Catherine Jules Thomas who are suing An Garda Síochána, the Minister for Justice and Equality and others for false imprisonment, harassment and related claims arising out of the investigation of the murder in 1996 of Madame Sophie Toscan du Plantier. Although the Bailey and Thomas cases are not expressly mentioned in sub-paragraphs (n) and (o) of the Commission's terms of reference, they are undoubtedly related to some extent with the events that culminated in the retirement of the Commissioner. Mention of matters relating to the Bailey and Thomas cases is therefore unavoidable in the draft report concerning sub-paragraphs (n) and (o).

The Commission is of the view that it would not be appropriate to submit any parts of the draft interim report to named persons whilst the High Court proceedings are at hearing. That hearing has taken much longer than had been originally estimated. The Commission is not in a position to say how much longer it [the Bailey case] will take. Accordingly, the Commission wishes to inform you as the specified Minister that the Interim Report on Terms of Reference 1(n) and (o) will not be disseminated to affected parties until after the Bailey proceedings currently at hearing have been disposed of by the High Court. [As the Deputy is aware, that is now concluded.]

The timeline anticipated by the Commission in its first Interim Report must be adjusted accordingly.

The broader question of whether it will ultimately prove feasible to report on 1(n) and (o) in isolation from the other Terms of Reference remains under consideration as work on the draft Interim Report progresses.

The Commission will keep you informed of any decisions made in this regard.

Micheál Martin (Cork South Central, Fianna Fail)
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That is what I asked the Taoiseach.

Michael Kitt (Galway East, Fianna Fail)
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I must call Deputy Adams.

Micheál Martin (Cork South Central, Fianna Fail)
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I asked a question and he did not answer. Does he think we will see the report on (n) and (o) relating to the resignation of the Garda Commissioner before the next general election? It is very straightforward. People have all sorts of suspicions-----

Enda Kenny (Mayo, Fine Gael)
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I realise the Deputy's party's Ard-Fheis is on at the weekend-----

Micheál Martin (Cork South Central, Fianna Fail)
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It has nothing to do with that.

Enda Kenny (Mayo, Fine Gael)
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-----and the Deputy might like to know a certain date, but that is a matter I must give consideration to in due course.

Micheál Martin (Cork South Central, Fianna Fail)
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The bottom line is that what is happening is extraordinary.

Michael Kitt (Galway East, Fianna Fail)
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I call Deputy Adams.

Micheál Martin (Cork South Central, Fianna Fail)
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The Taoiseach can intervene, as he confirmed with regard to the Smithwick tribunal, and ensure it will not be 12 years before we see this report.

Enda Kenny (Mayo, Fine Gael)
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I have just read out a section of the letter-----

Micheál Martin (Cork South Central, Fianna Fail)
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We have all read it.

Enda Kenny (Mayo, Fine Gael)
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-----to me from the sole member of the commission.

Micheál Martin (Cork South Central, Fianna Fail)
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We might never see it.

Enda Kenny (Mayo, Fine Gael)
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If Deputy Martin wishes to question the integrity and the competence of the sole member in producing a final report, it is not for me to comment on that. I have already been very clear. This is a matter for the sole member of the commission-----

Róisín Shortall (Dublin North West, Independent)
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Stuff and nonsense.

Micheál Martin (Cork South Central, Fianna Fail)
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The Taoiseach can set time limits.

Enda Kenny (Mayo, Fine Gael)
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-----and, as I said, when I finally receive the report I will publish it in accordance with the law.

Micheál Martin (Cork South Central, Fianna Fail)
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The Taoiseach would short circuit it if he thought it would suit him.

Gerry Adams (Louth, Sinn Fein)
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There are two big issues here. One is the opportunity that was presented as a result of revelations about misconduct in the administration of An Garda Síochána and so forth. It was an opportunity to introduce a police service that is accountable, lives up to the sacrifice and public service of the vast majority of the members of that service and removes it from the political patronage and control which was normal here for a long time.

Sinn Féin argued very strongly for An Garda Síochána to be Pattenised - for the Patten commission's approach to be adopted in relation to all of these matters. The hesitant, slow and protracted way in which the Government has gone about this has undermined that opportunity. I appeal to the Taoiseach to understand that there are issues of public confidence involved here.

The Taoiseach is at the centre of the second issue I would like to raise. The difficulty is that the Fennelly commission has to send its report to him. The former Garda Commissioner Martin Callinan resigned, retired or was sacked over a year ago, on 25 March 2014. Sources close to the former Commissioner are reported in the media as saying he was left with no option and was forced out of his job, in effect, after being visited on the night of 14 March 2014 by the Secretary General of the Department of Justice and Equality, Mr. Brian Purcell. We know that Mr. Purcell was sent by the Taoiseach to meet the Garda Commissioner at that time.

I want to put one issue to the Taoiseach very clearly. There have been countless media reports, which might be totally untrue and unfounded, that the Taoiseach was recalled by the commission to give evidence. He has refused to comment on this. He has chosen to hide behind the claim that to answer this question would be an offence, but that is patently not true. He has already said that he went and gave evidence to the commission. I have confirmed that I spoke to the commissioner. Níl rud san Acht a chuireann cosc ar an Taoiseach a rá an raibh sé mar finné agus ar ghlaodh ar ais é. Nothing in the Act prevents the Taoiseach from saying he was called back. What is the problem with being called back? This is another issue of public confidence. By refusing to give a simple confirmation, the Taoiseach ends up almost transfixed by this issue. I ask him to confirm if he was called back, or indeed if he was not. How many times has he been called to give evidence? It is not a big issue.

When the Taoiseach spoke about this on a few occasions, he put it in a sort of negative way. I was listening to what he said. He said the commission could not send on its interim report until after the Bailey case. In fact, my recollection is that the commission was to send its interim report after the Bailey case to the Taoiseach, to Deputy Alan Shatter, to the Secretary General of the Department of the Taoiseach and so on. That has not happened. Unless I have misheard him, the Taoiseach has not said he will publish the draft report when he receives it. We do not know when he is going to receive it. I ask him to clear that up. If he has already answered that question, I apologise for my ignorance. It would be useful to publish the draft report and give the Dáil an opportunity to debate this issue.

The Taoiseach has said that he cannot set a timetable and that any attempt to raise a question about this aspect of the matter would in some way impugn the integrity of the sole member or of the commission. That is not the case. The Joint Committee on Justice, Defence and Equality recommended that the modules dealing with the departure of the former Garda Commissioner, the letter he sent to the Department of Justice and Equality and the investigation of other elements of this case should have a timetable. The terms of reference ignored that recommendation, however, by setting it to one side. In other words, the Fennelly commission is in effect open-ended. It can go on forever. That is not in the Taoiseach's interests as someone who is doing his best or in the interests of the Government. More particularly, it is not in the interests of An Garda Síochána or in the interests of public confidence in that service.

Section 6 of the Commissions of Investigation Act 2004 provides that "the power to set a commission's terms of reference includes the power to amend, at any time before the submission of the commission's final report, those terms with the consent or at the request of the commission for the purpose of clarifying, limiting or extending the scope of its investigation." Therefore, it is not too late to amend the terms of reference and to set a fixed timeframe. Will the Taoiseach consider amending the terms of reference to set a clear timeframe for the completion of the Fennelly commission of investigation?

The Taoiseach has nine minutes and 50 seconds. He can talk the clock down. He can waffle and go through all of this, or he can answer in a few brief remarks the two questions I have put to him. First, was he recalled to the commission? Second, will he consider putting in place a clear timeframe, as he is permitted to do under the Commissions of Investigation Act 2004? By answering these two straightforward and simple questions, he can clear up these issues, allow the work of the Government and the Garda Síochána to proceed and, in particular, uphold public confidence in the handling of this issue by Taoiseach and his Government. I refer particularly to the work being done by the people who are out there on the beat protecting citizens and keeping public order.

Enda Kenny (Mayo, Fine Gael)
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I could certainly turn that speech back on your good self.

Gerry Adams (Louth, Sinn Fein)
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Of course you could. We could play politics all day.

Enda Kenny (Mayo, Fine Gael)
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No. I am not going to get into that. You said I should answer a few "simple questions".

Gerry Adams (Louth, Sinn Fein)
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Do so. You are the Taoiseach.

Enda Kenny (Mayo, Fine Gael)
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Yes, and you are the president and leader of the Sinn Féin Party.

Gerry Adams (Louth, Sinn Fein)
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We know that.

Enda Kenny (Mayo, Fine Gael)
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So does everybody else.

Gerry Adams (Louth, Sinn Fein)
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You are going to talk down the clock now.

Enda Kenny (Mayo, Fine Gael)
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I am not going to talk down the clock.

Róisín Shortall (Dublin North West, Independent)
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The Taoiseach should just answer the question.

Enda Kenny (Mayo, Fine Gael)
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I want to deal with the line of questioning Deputy Adams has followed here.

Gerry Adams (Louth, Sinn Fein)
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I am here to do that. I have a mandate.

Enda Kenny (Mayo, Fine Gael)
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The Deputy said there are two big issues: living up to the requirements of the people and not having the Garda under "patronage and control". Those are the words used by the Deputy. The Government decided to establish an independent policing authority and to have a Garda Commissioner appointed on foot of a public advertisement by means of international competition and selection. This process, which is also being used for the deputy commissioners, differs significantly from the process that had been applied since the foundation of the State in regard to the appointments made. I disagree entirely with the Deputy's suggestion that the Government has undermined that opportunity. The Government considered the process that was under way in Northern Ireland when Mr. Patten was put in charge of dealing with the structure and the propositions for that. We decided there was a different requirement here. The fundamental issue in so far as the Garda is concerned is that we now have an independent policing authority, enhanced powers for the Garda Síochána Ombudsman Commission, an independent process of selection of and reporting by the Garda Commissioner and independent processes for the deputy commissioners. All of that differs significantly from what used to be applied.

Róisín Shortall (Dublin North West, Independent)
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Why do you not just answer the question?

Enda Kenny (Mayo, Fine Gael)
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Gabh mo leithscéal.

Róisín Shortall (Dublin North West, Independent)
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You were asked a straight question. Why do you not just answer it?

Enda Kenny (Mayo, Fine Gael)
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I am not talking to you. I am talking to Deputy Adams.

Róisín Shortall (Dublin North West, Independent)
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You are just talking down the clock now.

Enda Kenny (Mayo, Fine Gael)
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I do not know whether you were here to listen to Deputy Adams, who started off by talking about revelations in regard to the administration of justice and by speaking about "patronage and control".

Róisín Shortall (Dublin North West, Independent)
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You are just running away from the question.

Enda Kenny (Mayo, Fine Gael)
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These points were made by Deputy Adams and I am entitled to answer them.

Róisín Shortall (Dublin North West, Independent)
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Why do you not just answer the question?

Enda Kenny (Mayo, Fine Gael)
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I am not answering questions to you.

Róisín Shortall (Dublin North West, Independent)
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You are supposed to be answerable to the Dáil.

Enda Kenny (Mayo, Fine Gael)
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The Deputy also made some points about countless media reports and asked me whether I was called back to the commission of investigation. I have already given my view on this. I received correspondence from the commission in the same way as other people did and I responded to that in writing and in evidence to the commission. I am not going further than that. When the commission's final report is received by me, it will be published by me as the sponsoring Minister in accordance with the law.

The Deputy said it was not a big issue but he started off by saying that it was a big issue. He made the point that this could not have been dealt with until after the Bailey case. That decision was made clearly by Justice Fennelly and not by anybody else. He made that decision and he is in sole control of this commission of investigation.

People say they want this dealt with in this House or by an Oireachtas committee or that they want an independent investigation but when there is an independent commission of investigation, they want it to be dealt with their way. The terms of reference were debated, approved and, indeed, amended by the House. A unanimous request was made, and a letter was sent to me, by the Oireachtas Joint Committee on Justice, Defence and Equality, which Deputy Martin called an "add-on", asking that the terms of reference be amended so that these two elements would be investigated by the commission of investigation. I agreed with that request and I also made the point that I, no more than the committee or anybody else, was not in a position to dictate to the sole member but that if it were possible for him to bring forward an interim report on these two matters at an earlier date, he should do so if he considered it appropriate and relevant. The commission's terms were amended to take into account the formal unanimous request by the Joint Oireachtas Committee on Justice, Defence and Equality and that was debated in the House.

I cannot indicate to the Deputy when I expect to receive the final report because Justice Fennelly said in his letter that he did not propose to send sections of the interim report to persons who were spoken to by the commission until such time as the Bailey case was disposed of. It has now been disposed of and, as I said to Deputy Martin, a spokesperson from the commission said it was proceeding with the drafting of the interim report. I assume the process in terms of commissions of investigation will be rigorously applied by the judge. As I said to Deputies, when the report is received by me, I will publish it. Just because I happen to be the sponsoring Minister of this commission of investigation does not allow for that not to happen. When Justice Fennelly submits his final report, I will publish it. I cannot answer Deputy Adams's question as to when that will be, nor can I say to him or to Deputy Martin if it will be before the next general election. The Government has a great deal of work to do to secure the recovery of the economy for our people. We have to prepare the spring economic statement and make preparations for the Estimates and a budget.

Róisín Shortall (Dublin North West, Independent)
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The Taoiseach is sounding more and more like Bertie Ahern.

Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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That is unfair to Bertie.

Micheál Martin (Cork South Central, Fianna Fail)
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It is more Putinesque.

Enda Kenny (Mayo, Fine Gael)
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He was involved in tribunals that went on for a very long time about dig-outs, stuff behind radiators and all the rest of.

Róisín Shortall (Dublin North West, Independent)
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The Taoiseach is hiding.

Enda Kenny (Mayo, Fine Gael)
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This is a very clear case of a very eminent judge conducting a commission of investigation and he is entirely competent to deal with the terms of reference that this House, including both Deputies, approved.

Micheál Martin (Cork South Central, Fianna Fail)
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The Taoiseach would not answer a question on the subject on Leaders' Questions.

Enda Kenny (Mayo, Fine Gael)
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The Deputy wanted it dealt with in this House, then wanted an independent commission and now he wants to dictate how that should be controlled when we want to get away from the patronage and control about which Deputy Adams rightly spoke.

Róisín Shortall (Dublin North West, Independent)
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Nobody believes the Taoiseach.

Gerry Adams (Louth, Sinn Fein)
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It is not compulsory to talk the clock down, Taoiseach.

Enda Kenny (Mayo, Fine Gael)
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Contrary to the Deputy's assertion that these things just happen, there is a very clear process with a very eminent justice in charge of it. I respect that completely. As I said, I have published all the documentation and when the final report is presented to me, I will publish it.

Róisín Shortall (Dublin North West, Independent)
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Nobody believes the Taoiseach.