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Order of Business (22 Feb 2007)

Michael McDowell: I do not believe there is promised legislation relevant to that, but I want to say this. Yesterday evening I said in this House in answer to a question from Deputy Jim O'Keeffe that I had no hand, act or part in the arrest of anybody yesterday in regard to these matters. I also indicated to him that I had not caused any complaint to be made to the Garda Síochána or requested any person to...

Order of Business (22 Feb 2007)

Michael McDowell: I have met Mick McCaffrey whom I like a lot and I think he is a very decent fellow. He is a relative of an officer in my Department and I have met him on a number of occasions. I had no idea on that occasion——

Order of Business (22 Feb 2007)

Michael McDowell: ——that this was going to happen to him. I like him very much as an individual. He is a decent, hardworking journalist. I have no malice whatsoever against him. I can assure this House that what I said here yesterday and repeated here today is the total unvarnished truth. I am disappointed that an Opposition Deputy——

Order of Business (22 Feb 2007)

Michael McDowell: ——who asked me about this yesterday, received an assurance from me, would write an article in one of today's newspapers——

Order of Business (22 Feb 2007)

Michael McDowell: ——saying that my fingerprints were all over this arrest. That is not true.

Order of Business (22 Feb 2007)

Michael McDowell: The Deputy will be aware that the Commissions of Investigation Act 2004 was passed by this House in order to avoid huge tribunal expenses. One of the elements that is part of the Bill is that instead of having the right of examination, cross-examination and adversarial procedure, the chairman of a commission is obliged to make available any finding to any person likely to be affected by it...

Order of Business (22 Feb 2007)

Michael McDowell: Yes, three years ago. It was passed by all of us in this House.

Order of Business (22 Feb 2007)

Michael McDowell: Part of it was to ensure that people's reputations would not be prematurely compromised——

Order of Business (22 Feb 2007)

Michael McDowell: ——and that the procedures——

Order of Business (22 Feb 2007)

Michael McDowell: ——under the statute would be fully respected. We made it a serious offence to breach the confidentiality of a draft report. I understand, contrary to what Deputy Rabbitte is saying, that we are not dealing here with a case where somebody had the final report; we are dealing with a case where somebody had a draft, which was submitted to them in confidence with a warning attached that they...

Order of Business (22 Feb 2007)

Michael McDowell: ——a serious offence if they disclosed that draft to a third party.

Order of Business (22 Feb 2007)

Michael McDowell: That is the law.

Order of Business (22 Feb 2007)

Michael McDowell: If we want tribunals of inquiry in every case——

Order of Business (22 Feb 2007)

Michael McDowell: ——we can go down that road——

Order of Business (22 Feb 2007)

Michael McDowell: ——-and we can spend a great deal of money on them. George Birmingham SC conducted this inquiry and did so in a very expeditious way. He rigorously adhered to the letter of the law. In these circumstances it is entirely proper that this House upholds the law and does not criticise it.

Order of Business (22 Feb 2007)

Michael McDowell: I am saying to the House again that the Secretary General of my Department became aware that it was proposed to publish an article in a newspaper based on a leaked report. The newspaper was warned that it was a criminal offence to publish the material before it published it. The Secretary General in those circumstances decided himself——

Order of Business (22 Feb 2007)

Michael McDowell: ——when the publication took place that he would make a complaint to members of the Garda Síochána.

Order of Business (22 Feb 2007)

Michael McDowell: He informed me and Mr. Birmingham SC of his intention to do so——

Order of Business (22 Feb 2007)

Michael McDowell: ——having previously sought from Mr. Birmingham SC, first, whether it was an authorised disclosure because that was a necessary precondition to make such a complaint and, second, whether Mr. Birmingham was of the view there should be an investigation into the leak. All he did was to ask that there should be an investigation by the Garda Síochána.

Order of Business (22 Feb 2007)

Michael McDowell: That was a decision made by him of which I was informed. I was not asked to express a view on the matter.

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