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Clarification of Statements made by the Taoiseach and Ministers: Statements (Resumed) (14 Feb 2017)

Frances Fitzgerald: -----Sergeant Maurice McCabe did not know about the series of false allegations that had been made, the referral to Tusla and the file that had been created that we all now know about. Of course he knew that an historical allegation that had been made against him had been dismissed by the Director of Public Prosecutions.

Clarification of Statements made by the Taoiseach and Ministers: Statements (Resumed) (14 Feb 2017)

Frances Fitzgerald: I have already made it clear that if I am in a position to answer those questions that Sergeant McCabe posed then of course I will. They do go to the heart of what is going to be investigated by the tribunal. One question is "Who was the garda or gardaĆ­ who engaged in phone conversations with a HSE counsellor about the false rape allegation?" As the false rape allegation is central to...

Clarification of Statements made by the Taoiseach and Ministers: Statements (Resumed) (14 Feb 2017)

Frances Fitzgerald: He is listening to the Deputy.

Clarification of Statements made by the Taoiseach and Ministers: Statements (Resumed) (14 Feb 2017)

Frances Fitzgerald: He is listening to the Deputy.

Clarification of Statements made by the Taoiseach and Ministers: Statements (Resumed) (14 Feb 2017)

Frances Fitzgerald: As far as the tribunal of inquiry is concerned, that would be a matter for Mr. Justice Charleton to determine. If people want to come forward it would be up to him to decide the exact mechanisms he would make available to them. Once the tribunal is established that is how the matter would be handled. When the tribunal is established it will be under the direct control of the judge as...

Clarification of Statements made by the Taoiseach and Ministers: Statements (Resumed) (14 Feb 2017)

Frances Fitzgerald: That would have meant that some of these issues that Deputy McGuinness was talked to about could have been dealt with -in the O'Higgins commission.

Clarification of Statements made by the Taoiseach and Ministers: Statements (Resumed) (14 Feb 2017)

Frances Fitzgerald: But-----

Clarification of Statements made by the Taoiseach and Ministers: Statements (Resumed) (14 Feb 2017)

Frances Fitzgerald: The Deputy followed legal advice.

Clarification of Statements made by the Taoiseach and Ministers: Statements (Resumed) (14 Feb 2017)

Frances Fitzgerald: Then what is the Deputy saying the rest of us should have done?

Clarification of Statements made by the Taoiseach and Ministers: Statements (Resumed) (14 Feb 2017)

Frances Fitzgerald: I am sorry, but the Deputy did not want to act on legal advice.

Clarification of Statements made by the Taoiseach and Ministers: Statements (Resumed) (14 Feb 2017)

Frances Fitzgerald: Deputy McGuinness had direct information-----

Clarification of Statements made by the Taoiseach and Ministers: Statements (Resumed) (14 Feb 2017)

Frances Fitzgerald: -----which is more than anyone else in this House did.

Clarification of Statements made by the Taoiseach and Ministers: Statements (Resumed) (14 Feb 2017)

Frances Fitzgerald: "Criminal misconduct" was the term used.

Clarification of Statements made by the Taoiseach and Ministers: Statements (Resumed) (14 Feb 2017)

Frances Fitzgerald: It is on the record.

Clarification of Statements made by the Taoiseach and Ministers: Statements (Resumed) (14 Feb 2017)

Frances Fitzgerald: I have made this very clear. I have been very clear that if it is possible to answer those questions, I will get those answers. My advice is that if at the request of one of the parties to the tribunal we answer some of those questions and they are central to the work of the tribunal, it could invalidate the tribunal. The other parties would then be in a position to go to court and...

Clarification of Statements made by the Taoiseach and Ministers: Statements (Resumed) (14 Feb 2017)

Frances Fitzgerald: That is the Deputy's interpretation of them. That has to be determined.

Clarification of Statements made by the Taoiseach and Ministers: Statements (Resumed) (14 Feb 2017)

Frances Fitzgerald: That is factual but, in terms of-----

Clarification of Statements made by the Taoiseach and Ministers: Statements (Resumed) (14 Feb 2017)

Frances Fitzgerald: It is not that any particular one is causing the difficulty. I am making the general point in regard to answering them that we have to be-----

Clarification of Statements made by the Taoiseach and Ministers: Statements (Resumed) (14 Feb 2017)

Frances Fitzgerald: It is totally straightforward. If I or my colleagues can answer the questions, we will answer them. If they turn out to be dangerous in terms of setting up the tribunal and would prejudice the rights of other parties and make a tribunal of inquiry unlikely to go ahead, I do not want to answer them. It is very simple and very straightforward.

Clarification of Statements made by the Taoiseach and Ministers: Statements (Resumed) (14 Feb 2017)

Frances Fitzgerald: Why did the Deputy not tell the investigation that was sitting at that point that he had his meeting? That would have meant that some of these issues he was told about could have been dealt with by the O'Higgins commission.

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