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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)

Jim O'Callaghan: I am not asking that. Ms McPhillips has used the term. The Minister should not be influencing a case or a witness. I am not asking about that. I am asking Ms McPhillips does she agree that the Minister would be doing nothing wrong had she assembled the assistant secretary, the official from the Attorney General's office and the other officials in her Department to discuss the content of...

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

Jim O'Callaghan: She would be doing nothing wrong if she stated to her officials, "I am not happy with this strategy."

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

Jim O'Callaghan: She could certainly contact the Garda Commissioner, since she is the Minister with ministerial responsibility for An Garda Síochána, to say she was not happy with the strategy being adopted by the Garda Commissioner.

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

Jim O'Callaghan: Is Ms McPhillips saying that if the Garda Commissioner decided not to co-operate with the O'Higgins commission of investigation, the Minister with responsibility for An Garda Síochána could do nothing to communicate her dissatisfaction?

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

Jim O'Callaghan: Okay.

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

Jim O'Callaghan: I will move away from that. I want Ms McPhillips to note my disagreement with the contention that it involves the former Tánaiste influencing a case or witness. Certainly, it would not be permitted if there was a witness who was about to give evidence and the former Tánaiste said that she did not want that witness to give evidence. However, it is not the case that the former...

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

Jim O'Callaghan: When the Taoiseach told the Dáil, on 14 and 15 November, that there was no record in the Department indicating an awareness on the former Tánaiste's part, why did no one in the Department say that was not right and that the Taoiseach should be informed of that fact?

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

Jim O'Callaghan: The former Tánaiste had legal representation at the O'Higgins commission, is that correct?

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

Jim O'Callaghan: Is it not the case that the former Tánaiste could have sought representation at the tribunal at any time if she had wanted to do so?

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

Jim O'Callaghan: She could have applied for it. Anyone can go in at any time and do so if they are relevant to the terms of reference. She could have stated that she was unhappy with the strategy being adopted by the Garda Commissioner and could have stated that the strategy of the Garda Commissioner in questioning the motivation of Sergeant McCabe was outside the O'Higgins commission's terms of reference.

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

Jim O'Callaghan: I know. If, however, she had made a decision that she wanted to be represented because she wanted to make that point, she could have made the point.

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

Jim O'Callaghan: Of course it is speculative but she could have done so.

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

Jim O'Callaghan: The good news is that I have finished my questions.

Written Answers — Department of Justice and Equality: Tribunals of Inquiry (6 Dec 2017)

Jim O'Callaghan: 153. To ask the Tánaiste and Minister for Justice and Equality if his Department has sworn an affidavit of discovery for the purpose of the disclosures tribunal; if so, if that affidavit contains a claim of legal professional privilege over documents generated in 2014, 2015 and 2016; and if he will make a statement on the matter. [52136/17]

Ceisteanna - Questions (Resumed) - Priority Questions: Garda Training (5 Dec 2017)

Jim O'Callaghan: I am conscious of the fact that it is the Garda Commissioner who is responsible for the training of personnel. I am also aware that the Policing Authority has a crucial role to play in changing the manner in which training in the Garda is amended. Notwithstanding that, it is important that the Minister and the Department play a part in emphasising the need to ensure that there is greater...

Ceisteanna - Questions (Resumed) - Priority Questions: Garda Training (5 Dec 2017)

Jim O'Callaghan: One of the advantages of formalising training to a greater extent than it is now is that it would encourage gardaí to develop expertise in individual areas. We might find that gardaí wish to emphasise and grow their expertise in particular areas. I noted the Minister's comments on the House not being responsible for training gardaí, but we could make their lives simpler....

Ceisteanna - Questions (Resumed) - Priority Questions: Garda Training (5 Dec 2017)

Jim O'Callaghan: 40. To ask the Tánaiste and Minister for Justice and Equality the extent of training and continuous professional development provided for members of An Garda Síochána when amending or new legislation is passed; and if he will make a statement on the matter. [51990/17]

Ceisteanna - Questions (Resumed) - Priority Questions: Garda Training (5 Dec 2017)

Jim O'Callaghan: Being a member of An Garda Síochána is an extremely demanding and professional job and it is not comparable to the job performed by members, say, 30 or 40 years ago. Part of the reason for this is the vast array of legislation that passes through the Houses. It is even difficult for lawyers to keep up with the amount of law being generated, not just in the Houses but also in the...

Ceisteanna - Questions (Resumed) - Priority Questions: Magdalen Laundries (5 Dec 2017)

Jim O'Callaghan: We can all agree that the incarceration of women in Magdalen laundries was one of the most shameful periods of Irish history. It reflected badly on all aspects of Irish society. However, on 19 February 2013, it looked like we had turned over a new leaf with the then Taoiseach, Deputy Enda Kenny, issuing a public and heartfelt apology on behalf of the State to the women who were...

Ceisteanna - Questions (Resumed) - Priority Questions: Magdalen Laundries (5 Dec 2017)

Jim O'Callaghan: One of the proposals that the Ombudsman has reluctantly accepted is the one from the Department that women who lack capacity should be made wards of court. However, it is important that we do not allow that process to proceed in a very slow and difficult manner from the point of view of the applicants. I suggest that the Minister proactively provides practical support to those women who are...

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