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Morris Tribunal: Statements. (17 Jun 2005)

Michael McDowell: I wanted to save the Labour Party's blushes.

Morris Tribunal: Statements. (17 Jun 2005)

Michael McDowell: The appendices of it.

Morris Tribunal: Statements. (17 Jun 2005)

Michael McDowell: I pay tribute to Mr. Justice Frederick Morris and his legal and administrative team for the outstanding work they have done in uncovering the truth of what happened in Donegal. It is due to them that serious wrongdoing has been exposed and innocent citizens' rights have been vindicated. It is now for us to build on their work and to respond to their findings. Due to domestic circumstances...

Morris Tribunal: Statements. (17 Jun 2005)

Michael McDowell: I think it has its origin in a development of a relationship between Government and the Garda Síochána and the emergence of the operation of an independent prosecutorial office in 1974 under the Prosecution of Offences Act 1974. As a result, the pendulum swung away from direct accountability to the Government of the day and to the law officer in charge of advising the Government and...

Morris Tribunal: Statements. (17 Jun 2005)

Michael McDowell: One need only go back to the period of Peter Berry's tenure of office and the records within the Department of Justice to appreciate that a culture of micro management of the Garda Síochána existed at that time. The Commissioner's role as a departmental official symbolised that situation. From the 1960s onwards, a different arrangement took place in which serving members of the Garda...

Morris Tribunal: Statements. (17 Jun 2005)

Michael McDowell: The result was that the doctrine of operational independence of the Garda Síochána, of which we all stand completely shoulder to shoulder in support, which states there should not be political direction of the day to day operations of the Garda Síochána, became conflated with a different and I think a slightly pernicious doctrine that the Garda Síochána was not accountable for its day...

Morris Tribunal: Statements. (17 Jun 2005)

Michael McDowell: I explain this to put in context what I now propose to say. The lawyers conducting the civil proceedings on my behalf repeatedly sought from me the full, factual matrix of the situation that was emerging in County Donegal. For reasons of the implementation of the doctrine that I have explained to the House, they were repeatedly kept away from it at that time. I have no doubt this was done in...

Morris Tribunal: Statements. (17 Jun 2005)

Michael McDowell: That is not true.

Morris Tribunal: Statements. (17 Jun 2005)

Michael McDowell: Throughout his period in office, in so far as that coincided with my position as Attorney General, the then Minister, Deputy O'Donoghue, was most anxious at every hand's turn to have the truth of the McBreartys' allegations established by whatever means were available. In May 2001, he wrote to me in my capacity as Attorney General and asked me to advise him of his options in respect of...

Morris Tribunal: Statements. (17 Jun 2005)

Michael McDowell: The letter stated that in my view the most preferable way of establishing the truth was by an independent public tribunal of inquiry.

Morris Tribunal: Statements. (17 Jun 2005)

Michael McDowell: It was in June 2001. My letter stated that in the context of the law as it then stood — which was that all tribunals of inquiry had to conduct all of their proceedings in public and receive evidence in public and not otherwise — it was my opinion that at that time the pending criminal prosecutions would tend to be seriously prejudiced and compromised and that it was better in those...

Morris Tribunal: Statements. (17 Jun 2005)

Michael McDowell: I wish it to be clear that in December or during the late autumn of that year, the Minister for Justice, Equality and Law Reform, at that stage requested the chairman of the Bar Council to nominate a senior barrister who would have access to all the papers — some of which I had not seen — and who would make a report to him on the appropriate course of conduct. That report was received in...

Morris Tribunal: Statements. (17 Jun 2005)

Michael McDowell: ——and the tribunal was established in May 2002. Some people have argued that in those circumstances there was reluctance on our part to take action. This is not the case. In January 2002, the appendices to the Carty report were finally delivered to me as Attorney General as requested by the Minister for Justice, Equality and Law Reform from the Garda Síochána. It was only at that point...

Morris Tribunal: Statements. (17 Jun 2005)

Michael McDowell: That material finally became available to me in January and February 2002.

Morris Tribunal: Statements. (17 Jun 2005)

Michael McDowell: I say all this because it is important that the House should know the facts rather than propagate myths.

Morris Tribunal: Statements. (17 Jun 2005)

Michael McDowell: The fundamental fact is that at all times Deputy O'Donoghue as Minister for Justice, Equality and Law Reform wanted to have the truth emerge. At all times I was supportive of that aim subject to the legal difficulty under which I laboured, which was that to have a tribunal of inquiry could pull the plug on the criminal prosecutions then pending. Ultimately it became essential to amend the...

Written Answers — Departmental Funding: Departmental Funding (16 Jun 2005)

Michael McDowell: The information requested by the Deputy is set out in the following tabular statement and refers to the aggregate position for the justice group of Votes. Year Surplus to be Surrendered 000 Net Estimate Provision 000 Surplus to be Surrendered as a % of the Net Estimate Provision 1997 £9,301 £721,932 1.29 1998 £15,249 £882,629 ...

Written Answers — Citizenship Applications: Citizenship Applications (16 Jun 2005)

Michael McDowell: An application for naturalisation by the person referred to by the Deputy was received in the citizenship section of my Department on 12 June 2003. The case in question is under active consideration and I will inform both the applicant and the Deputy as soon as I have reached a decision in the matter.

Written Answers — Visa Applications: Visa Applications (16 Jun 2005)

Michael McDowell: The Deputy refers to two non-EEA nationals in his parliamentary question and states that the first person in question has applied for naturalisation and seeks to be joined in the State by his wife. My Department's records show that this person received a multi-journey, D-type residence visa in June 2004. Unfortunately, the Deputy omitted to supply a visa application reference number in...

Written Answers — Garda Stations: Garda Stations (16 Jun 2005)

Michael McDowell: I am informed by the Office of Public Works that the current temporary letting of the premises in Ashford used by the Garda will expire on 30 June 2005. Accordingly, at the request of the Garda authorities, my Department has asked the Office of Public Works to arrange for the renewal of the lease. Renovation or refurbishment of the old Garda station, which was badly damaged by fire, is one of...

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