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Joint Oireachtas Committee on Justice, Defence and Equality: Guerin Report: Department of Justice and Equality (28 May 2014)

Denis O'Donovan: I have just a couple of questions. Following on from Deputy Finian McGrath, am I correct in believing that the Minister, Deputy Varadkar, recently stated that the Department of Justice and Equality was not fit for purpose? If that is the case, is Mr. Purcell concerned about such remarks by a senior Minister? How can they be addressed?

Joint Oireachtas Committee on Justice, Defence and Equality: Guerin Report: Department of Justice and Equality (28 May 2014)

Denis O'Donovan: Mr. Purcell outlined the position and I do not want to go over it,-----

Joint Oireachtas Committee on Justice, Defence and Equality: Guerin Report: Department of Justice and Equality (28 May 2014)

Denis O'Donovan: -----but what constitutional or legislative authority entitles him not to answer the important questions on what happened with regard to demise of former Garda Commissioner Callinan? I am puzzled by Mr. Purcell's stance and am slow to accept it. What legislative or constitutional prohibition is preventing him from giving us a factual account of what happened and telling the truth? I am not...

Joint Oireachtas Committee on Justice, Defence and Equality: Guerin Report: Department of Justice and Equality (28 May 2014)

Denis O'Donovan: This is important. By way of clarification, am I correct in saying that, apart from Mr. Purcell's reservations and concerns, which I accept but doubt from a legal point of view, there is no actual statutory or constitutional prohibition on him outlining the information today?

Joint Oireachtas Committee on Justice, Defence and Equality: Guerin Report: Department of Justice and Equality (28 May 2014)

Denis O'Donovan: Has Mr. Purcell been interviewed by Mr. Justice Cooke regarding the Garda Síochána Ombudsman Commission, GSOC, bugging?

Joint Oireachtas Committee on Justice, Defence and Equality: Guerin Report: Department of Justice and Equality (28 May 2014)

Denis O'Donovan: I have a final point. Mr. Purcell mentioned the various avenues of investigation in terms of the whistleblower situation, the O'Mahoney report, which has been discredited, and the files sent to the Director of Public Prosecutions, DPP. Is it not fair to say that the DPP would only recommend a criminal prosecution where the level of evidence was beyond reasonable doubt? Surely someone in...

Joint Oireachtas Committee on Justice, Defence and Equality: Guerin Report: Department of Justice and Equality (28 May 2014)

Denis O'Donovan: Did Senator Conway wish to ask a question?

Joint Oireachtas Committee on Justice, Defence and Equality: Guerin Report: Department of Justice and Equality (28 May 2014)

Denis O'Donovan: Can the Senator be more specific?

Joint Oireachtas Committee on Justice, Defence and Equality: Guerin Report: Department of Justice and Equality (28 May 2014)

Denis O'Donovan: Is the Senator saying that the letters would have some influence on the Fennelly investigation?

Joint Oireachtas Committee on Justice, Defence and Equality: Guerin Report: Department of Justice and Equality (28 May 2014)

Denis O'Donovan: That is a very general question.

Joint Oireachtas Committee on Justice, Defence and Equality: Guerin Report: Department of Justice and Equality (28 May 2014)

Denis O'Donovan: Senator Conway should give the Secretary General an opportunity to respond.

Joint Oireachtas Committee on Justice, Defence and Equality: Guerin Report: Department of Justice and Equality (28 May 2014)

Denis O'Donovan: Again, Senator Conway, that is a very general question.

Joint Oireachtas Committee on Justice, Defence and Equality: Guerin Report: Department of Justice and Equality (28 May 2014)

Denis O'Donovan: Many of those points have already been covered, Deputy. I do not wish to stymie your questions but it is probably a little unfair on Mr. Purcell to have to answer the same questions.

Joint Oireachtas Committee on Justice, Defence and Equality: Guerin Report: Department of Justice and Equality (28 May 2014)

Denis O'Donovan: There are extraordinary matters taking place as well. I do not wish to stymie your questions, Deputy McNamara. Please proceed.

Joint Oireachtas Committee on Justice, Defence and Equality: Guerin Report: Department of Justice and Equality (28 May 2014)

Denis O'Donovan: In other words the report should have stated the Garda Commissioner rather than the Minister.

Joint Oireachtas Committee on Justice, Defence and Equality: Guerin Report: Department of Justice and Equality (28 May 2014)

Denis O'Donovan: Just to follow that and by way of clarification, would you expect in the normal course of events that when the commission of investigation is up and running under the terms of reference that are set out, this advice from the Attorney General will be made available to the commission?

Joint Oireachtas Committee on Justice, Defence and Equality: Guerin Report: Department of Justice and Equality (28 May 2014)

Denis O'Donovan: In fairness, Mr. Purcell has been here for almost three hours. We were due to finish at 7.30 p.m.

Joint Oireachtas Committee on Justice, Defence and Equality: Guerin Report: Department of Justice and Equality (28 May 2014)

Denis O'Donovan: It is probably frustrating for him that he must answer the same questions.

Joint Oireachtas Committee on Justice, Defence and Equality: Guerin Report: Department of Justice and Equality (28 May 2014)

Denis O'Donovan: In fairness to Mr. Purcell, he has said at least twice already, in response to the accusation that nothing was being done, that a series of things were going on, some of them overlapping - including the O'Mahoney report, the GSOC investigation and so forth. There was a lot happening and Mr. Purcell clarified that point earlier. The issue was not lying idle or being covered up. I ask Deputy...

Joint Oireachtas Committee on Justice, Defence and Equality: Guerin Report: Department of Justice and Equality (28 May 2014)

Denis O'Donovan: I thank Mr. Purcell and I apologise for the fact that our proceedings have gone on so long. I also thank everyone who came before us today and answered questions. We will adjourn forthwith and defer the private business until our next meeting.

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