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

Donnchadh Ó Laoghaire: However, the GSOC investigation stated it will not be pursuing criminal or disciplinary proceedings. I understand that is also the position of An Garda Síochána. Is that correct?

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

Donnchadh Ó Laoghaire: So Mr. Twomey would not rule out the possibility of criminal or disciplinary proceedings.

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

Donnchadh Ó Laoghaire: As far as I can establish, the Garda has not ruled out the possibility. I just want to put on the record that where there is a clear paper trial, with the name of the person who recorded it and the motorist, where there are widespread examples of wrongdoing, and where a single member of the Garda cancelled 744 notices across 17 counties, then criminal and disciplinary proceedings have to be...

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

Donnchadh Ó Laoghaire: Is it fair to say all of these matters are still under active consideration?

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

Donnchadh Ó Laoghaire: That was a fair question. Is it still under active consideration?

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: Ms McPhillips has offered the view that a great deal of work goes on in this hard-working Department, in which many committed public servants are working. There is no question about that. The view expressed by Ms McPhillips is shared by all members of the committee and all Members of the Dáil, but as a committee, we have a responsibility. There has been an effort in the media to...

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 it possible that informing the Minister was not the right course of action?

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: There has been a fair degree of discussion about the specific nature of the discovery orders. Is it possible to itemise or summarise the various discovery orders made?

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: There were orders in February, April and September. It is relevant.

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: Okay. At this moment the officials are not able to tell us what the nature of that discovery order was.

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 appreciate that. The officials are asking us to accept that the emails were not handed over because they had not been asked for, but they cannot tell us what was asked for in May.

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: Okay. That is something of a difficulty because we are trying to gain an understanding of what was appropriate to hand over. We are not dealing with complete information at the committee.

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 appreciate that. That information needs to be provided. Although much documentation has to be prepared, much of the discussion has been in regard to what was asked for and I am unsure as to what that was, which is a big problem. As regards those of which the witnesses are aware, would the process of preparing the documentation to be submitted in the discovery orders have included...

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: That is one of three discovery orders. Did the other two discovery orders involve a search of email accounts, in particular those of the six senior officials?

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: To the best of the witnesses' knowledge, there was no trawl of emails related to any of the discovery orders.

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: The point has been made that it would not be of assistance to the commission or tribunal for there to be such a trawl which could potentially produce a large number of documents, yet the trawl that has taken place has produced two chains of emails which will be helpful as it is difficult to see that they would not be. I share the view expressed by Deputy Brophy that it is difficult to credit...

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 it correct that the Minister was informed on 13 November?

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?

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