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Joint Oireachtas Committee on Justice, Defence and Equality: Functioning of the Department of Justice and Equality: Department of Justice and Equality (6 Dec 2017)

Donnchadh Ó Laoghaire: He stated that he was informed by telephone of the broad parameters of the email's contents but was not sent the email and did not inquire as to the nature of the row or legal dispute at the O'Higgins commission. On the same date, a press release was issued by the Department in the name of the Minister and related specifically to the O'Higgins commission, the legal approach taken there and...

Joint Oireachtas Committee on Justice, Defence and Equality: Functioning of the Department of Justice and Equality: Department of Justice and Equality (6 Dec 2017)

Donnchadh Ó Laoghaire: It is difficult to accept that he received such a phone call and issued a press release of that nature but did not seek further detail on the nature of the legal query, perhaps on foot of receiving a draft of the press release. How was the documentation discovered on 9 November? How was it initially found?

Joint Oireachtas Committee on Justice, Defence and Equality: Functioning of the Department of Justice and Equality: Department of Justice and Equality (6 Dec 2017)

Donnchadh Ó Laoghaire: Will Ms McPhillips read into the record which parliamentary question specifically led to the discovery of the email?

Joint Oireachtas Committee on Justice, Defence and Equality: Functioning of the Department of Justice and Equality: Department of Justice and Equality (6 Dec 2017)

Donnchadh Ó Laoghaire: A point regularly relied upon is that it would have been improper for the Minister to get involved in the process at the commission. The use of the word "improper" is quite specific. The Tánaiste, Deputy Coveney, made specific reference in the Seanad to the fact that neither the Minister nor any other party should interfere with the adducing of evidence at a commission. Does Ms...

Joint Oireachtas Committee on Justice, Defence and Equality: Functioning of the Department of Justice and Equality: Department of Justice and Equality (6 Dec 2017)

Donnchadh Ó Laoghaire: On the basis of the first part of Ms McPhillips' answer, the conversation that led to the first email was in breach of the Act.

Joint Oireachtas Committee on Justice, Defence and Equality: Functioning of the Department of Justice and Equality: Department of Justice and Equality (6 Dec 2017)

Donnchadh Ó Laoghaire: I understand from media commentary on the issue that the Minister noted the first email that emerged into the public domain, which was sent to the former Minister, Deputy Fitzgerald, and her staff on foot of the call from the Office of the Attorney General.

Joint Oireachtas Committee on Justice, Defence and Equality: Functioning of the Department of Justice and Equality: Department of Justice and Equality (6 Dec 2017)

Donnchadh Ó Laoghaire: Was that correspondence was noted several weeks later?

Joint Oireachtas Committee on Justice, Defence and Equality: Functioning of the Department of Justice and Equality: Department of Justice and Equality (6 Dec 2017)

Donnchadh Ó Laoghaire: What is the process for a Minister to note a piece of correspondence? What happens to prompt an email?

Joint Oireachtas Committee on Justice, Defence and Equality: Functioning of the Department of Justice and Equality: Department of Justice and Equality (6 Dec 2017)

Donnchadh Ó Laoghaire: In the Department's eyes, does that constitute official recognition that the Minister has read the document?

Joint Oireachtas Committee on Justice, Defence and Equality: Functioning of the Department of Justice and Equality: Department of Justice and Equality (6 Dec 2017)

Donnchadh Ó Laoghaire: Is Ms McPhillips happy to put on record that there was no wilful non-disclosure or deliberate non-disclosure of the documents?

Joint Oireachtas Committee on Justice, Defence and Equality: Policing Issues: An Garda Síochána (7 Dec 2017)

Donnchadh Ó Laoghaire: I thank the members of An Garda Síochána for their attendance. I share the sentiment of other members in extending my best wishes to the garda who was injured and I echo the articulate comments of Deputy Brophy on the risks taken by members of the Garda in their service to the public. I commend the Garda on the considerable successes that have been achieved against organised crime...

Joint Oireachtas Committee on Justice, Defence and Equality: Policing Issues: An Garda Síochána (7 Dec 2017)

Donnchadh Ó Laoghaire: I thank the assistant commissioner. There are a lot of positives in that. My next point is in regard to the fixed charge notices. I raised the point that a number of cases had been reported in the media involving consequences beyond the fine or the notice, such as implications for jobs and there are reports of somebody being arrested, if not imprisoned, and all the rest. On the previous...

Joint Oireachtas Committee on Justice, Defence and Equality: Policing Issues: An Garda Síochána (7 Dec 2017)

Donnchadh Ó Laoghaire: I am not necessarily speaking about the overall picture but the specific cases where the Garda had received letters where solicitors felt that, beyond the cancellation of the fine, their clients had been adversely affected in terms of employment, insurance and so on.

Joint Oireachtas Committee on Justice, Defence and Equality: Policing Issues: An Garda Síochána (7 Dec 2017)

Donnchadh Ó Laoghaire: In regard to the Crowe Horwath report on the checkpoints and mandatory alcohol testing and the inflation of numbers in that regard, when the Policing Authority appeared before us a week after the appearance before us of Assistant Commissioner Finn, the point was made that it was Ms Feehily's belief that all the evidence pointed to the fact it was easier for gardaí to provide false...

Joint Oireachtas Committee on Justice, Defence and Equality: Policing Issues: An Garda Síochána (7 Dec 2017)

Donnchadh Ó Laoghaire: To return to the specific quote from Ms Josephine Feehily, does Mr. Finn accept that it was the case that it was easier for gardaí, perhaps in certain districts, to provide false information than accurate information?

Joint Oireachtas Committee on Justice, Defence and Equality: Policing Issues: An Garda Síochána (7 Dec 2017)

Donnchadh Ó Laoghaire: I would like a "Yes" or "No" answer. Does the Garda accept the contention of Ms Josephine Feehily that it may have been the case that it was easier to record inaccurate information than accurate information?

Joint Oireachtas Committee on Justice, Defence and Equality: Policing Issues: An Garda Síochána (7 Dec 2017)

Donnchadh Ó Laoghaire: I am going to accept that as a "Yes".

Joint Oireachtas Committee on Justice, Defence and Equality: Policing Issues: An Garda Síochána (7 Dec 2017)

Donnchadh Ó Laoghaire: I will accept that as a "Yes". It was the case that it was easier to record inaccurate information than accurate information, unless somebody wants to contradict me. On the issue of mandatory alcohol tests, it was discussed in our engagement on 4 October, and it certainly was the indication from the Policing Authority, that 70,000 cases were being evaluated and that the Garda was being asked...

Joint Oireachtas Committee on Justice, Defence and Equality: Policing Issues: An Garda Síochána (7 Dec 2017)

Donnchadh Ó Laoghaire: That extends to those who were in charge of the 28 divisions. There will be no action taken. Regardless of the significance of the inflation within those divisions, a line will be drawn under that.

Joint Oireachtas Committee on Justice, Defence and Equality: Policing Issues: An Garda Síochána (7 Dec 2017)

Donnchadh Ó Laoghaire: I am not saying that nothing is happening but I do not know if the Garda position that it has noted this, it was not good enough and it will move on and improve its processes is acceptable. There has to be consequences and accountability for people who were guilty of significant wrongdoing. I accept there is proportion in that regard but I do not know if that is acceptable. I appreciate...

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