Jonathan O'Brien (Cork North Central, Sinn Fein)
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2. To ask the Minister for Justice and Equality her plans to implement the recommendations of the O'Higgins report. [10196/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Last week I published the report of the O'Higgins commission into certain matters relevant to the Cavan-Monaghan division of An Garda Síochána. It is a report that deserves the most careful consideration in order that we can do everything possible to avoid a repeat of the mistakes and issues outlined in it, particularly from the victims' perspective.

I am sure most Deputies will agree with me that it is disheartening to read about the experiences of victims. We saw an account of Mary Lyons last night on RTE. We noted the horror that had been visited on her and other victims.

I said I believed the report was thoughtful and thorough; I believe it is. It does deal with events in 2007 and 2008. The Deputy's question is on the implementation plans for the recommendations. Obviously, the report will be forwarded to An Garda Síochána for an immediate response from management and also to the Policing Authority which will undoubtedly have a role in overseeing implementation of the recommendations. There has been a series of initiatives since the time in question and since I asked the Garda Inspectorate to examine the Guerin report. In report No. 10 on criminal investigations it made comments on the Guerin report, how it needed to be taken forward and how it linked in with the recommendations it had already made. Therefore, there has been a lot of action on some of the issues identified by the O'Higgins commission, including, in particular, the initiatives concerning how victims are dealt with by An Garda Síochána with the establishment of the new victim offices throughout the country.

With regard to training and supervision, we recently saw the appointment of well over 280 sergeants and inspectors who will have a very particular role in supervision. There is new training in Templemore, but that is not to say there is not a lot more work to be done on the issues raised within the report.

Jonathan O'Brien (Cork North Central, Sinn Fein)
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When the Minister published the report, she said she would ask the Garda Commissioner to examine it and indicate what further measures might be taken to prevent this type of difficulty in the future. She said she would seek the Commissioner’s proposals concerning the implementation of the recommendations made. Given the nature of reports in recent days, particularly in the Irish Examiner, on the documentation alleging the Garda Commissioner might have instructed her legal team to claim Sergeant McCabe had been motivated by malice when highlighting malpractice within the force, has the Minister spoken to the Commissioner about this? If not, is she planning to do so? Does she agree with the Garda Commissioner's analysis that she is precluded from clarifying the issue any further than she did last night?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The first point I would make on the Deputy's question is one I made when publishing the report, namely, that we should not lose sight of the central fact that at its heart are the victims who were let down. That was a very key point for all of us to note. Our central focus should be on doing everything possible to make sure what is outlined in the investigations does not happen again.

There are severe constraints on what I can say about claims that have appeared in the media under the Commissions of Investigation Act 2004 which formed the legal basis for putting the commission in place. I have a duty to respect the law and that duty is not diminished by the fact that some media reports have appeared purporting to set out a small part of what might or might not have been said. I obviously refer to the statement by the Garda Commissioner, Ms Nóirín O'Sullivan, in which she comments on her response to the report, saying she accepts it in full. She states she has put as much information in the public domain as she can, adding that she is legally precluded, under section 11, from saying anything further. I will reiterate what she has said about Sergeant Maurice McCabe's contribution. She has said it is valued and that the service has changed for the better in response to the points raised and issues about which he complained.

Jonathan O'Brien (Cork North Central, Sinn Fein)
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The statement of clarification last night actually clarifies nothing. There is an issue that needs to be clarified because there are media reports that state the media have seen documentation alleging the Garda Commissioner instructed her legal team to insinuate malice on the part of Sergeant McCabe. If that is the case, it calls into question her credibility. If she is saying one thing in public and another in private to her legal team, there is an issue.

The second scenario is that the documentation is not legitimate. If that is the case, someone, probably a person close to the commission of investigation, has knowingly passed on documentation that is not factual. One can only presume that somebody would do that to undermine the Garda Commissioner. Either way, the matter needs to be clarified because unfortunately it is distracting from the report and its recommendations. Clarity is required given that the Garda Commissioner will be the person responsible for implementing the recommendations.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I stress that it would be highly unusual to ask one party to a legal proceeding to disclose to another party its dealings with its legal representatives. Imagine if such a demand were made of everybody who gave evidence to a commission of investigation. It is important that people have confidence in the commission of investigation structure. More than 97 witnesses were called to the commission of investigation and all of its hearings were held in private. There were no requests for public hearings and all witnesses were heard in private. In this regard, it is worth remembering that Mr. Justice O'Higgins, in his report, states that the confidentiality of the process was respected by everyone. He had unique access and was the only person who heard what everybody had to say on the issues. He did not have partial evidence or receive transcripts without context but heard all the evidence. We should read the report and its recommendations and take them forward.