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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)

Jack Chambers: Should the tribunal not be the filter for the documents rather than the Department?

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

Jack Chambers: Based on the current situation, could it be the case that, in the context of previous tribunals, some documents were not submitted?

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

Jack Chambers: Why did the Department send the documents to the tribunal if Ms McPhillips feels she fully complied with discovery orders? What was the purpose of sending them? Why did the Department not stand by its original contention that it fully complied? Why did Ms McPhillips not refuse to send these subsequent documents if they were not relevant to the work of the tribunal?

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

Jack Chambers: I want to discuss some of the emails that were sent. Would Ms McPhillips agree that the Minister's contention that she had no awareness of the legal strategy was incorrect and in fact, the repeated emails to her, that were noted by her officials, displayed awareness?

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

Jack Chambers: Okay, I will address it in a different context. In terms of the governance arrangement between the Department of Justice and Equality and An Garda Síochána, would it be a typical case that the Department would have its media strategy informed by An Garda Síochána?

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

Jack Chambers: Yes. We know that the media strategy, as noted by the Minister, was submitted from information from An Garda Síochána.

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

Jack Chambers: What is the governance arrangement for that flow? Will Ms McPhillips describe to the committee the-----

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

Jack Chambers: As part of the Toland report and some of the information submitted by Ms McPhillips, we know there is a framework of governance between the Minister and the Department of Justice and Equality and An Garda Síochána. Will Ms McPhillips give me information on how that framework operates?

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

Jack Chambers: To whom is it not conveyed?

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

Jack Chambers: Ms McPhillips states it was correct that the Minister for Justice and Equality should have no involvement in the matter. If she should not have had any involvement in the matter, why was the information given to her?

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

Jack Chambers: In the Toland report, it is stated that there is a deferential relationships and a passive approach between the Department of Justice and Equality and An Garda Síochána. Does Ms McPhillips agree with that statement?

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

Jack Chambers: The information was also given because we know An Garda Síochána gave information to the Department when the media question was submitted.

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

Jack Chambers: Would Ms McPhillips agree that in July 2015, the information was submitted from An Garda Síochána to the Department?

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

Jack Chambers: What would happen when a briefing is given to the Minister? How would the Department deal with a particular briefing submitted to the Minister?

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

Jack Chambers: Is there a record in this case of an oral briefing to the Minister?

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

Jack Chambers: Would there be records of oral briefings to Ministers?

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

Jack Chambers: Does the Department record oral briefings to Ministers?

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

Jack Chambers: Does Ms McPhillips think it should?

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

Jack Chambers: That is another judgment call that officials make around whether a briefing is recorded or not.

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

Jack Chambers: In terms of transparency and openness of information, a selected minuting of particular briefings is concerning in that we do not know from the information that is submitted to us or that is openly given whether it is in response to media queries or parliamentary questions that we are not certain of what is a minute or what is not.

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