Jim Walsh (Fianna Fail)

I do not think there was any spin on this. Mr. Justice Morris, in his report, is critical of the false allegations made anonymously through two Dáil Deputies, which impacted on the careers of two senior assistant commissioners of the Garda Síochána.

I know Deputy Howlin much better than former Deputy Higgins. We come from the same constituency. He is a conviction politician and I have good regard for him. I have no doubt everything he does is done with the best motivations. Both Deputies received information on the same day, 25 June 2000, which they passed to the then Minister for Justice, Deputy John O'Donoghue, who acted on foot of that information.

The Minister, Deputy Dermot Ahern, highlighted the part of the report Mr. Justice Morris referred to regarding further information in a facsimile message received by then Deputy Higgins on 15 July 2000, which cast some doubt on the original information received. It would be helpful if former Deputy Higgins made a statement to clarify why the fax and the information in it was withheld and not reported until three years later. I will not make a judgment on it, but it could have had a bearing on the establishment and the terms of reference of the tribunal. In this instance, the tribunal was carried out more efficiently than others, but there is a large cost involved.

Senator Regan said this morning, "lessons have to be learned". Reports will be issued and the findings should and must be acted upon. Spending hundreds of millions of euro, even at a time when Exchequer finances were in a strong, healthy position, was totally unwarranted. I hope we have learned that less costly mechanisms should be used to ascertain the truth in issues of public importance in the future. One example is the commission of investigation model, which was established by theses Houses in recent years.

I have been highly critical of the cost of tribunals and of the exorbitant legal fees. There should be a maximum fees order on senior counsel of no more than €800 or €1,000 per day for High Court or Supreme Court attendances. It is not good enough that captive clients can be compelled to accept exorbitant fees in a service area where there is no competition. It is a criticism of the Competition Authority; I know it issued a report but it failed to deal with this at a much earlier stage. That is an issue of public importance which I hope will be addressed by the Minister of State.

I had discussions with Deputy Howlin and we have a difference of opinion. Where we establish, through the Houses of the Oireachtas, tribunals of inquiry into matters of public importance, preserving an absolute entitlement to non-disclosure of sources may not be justified. That is part of what Mr. Justice Morris addresses. In this instance, a case went through the High Court and the Supreme Court. There is an important principle involved. The CPP of both Houses supported the case and instructed their legal teams to go in. There were legal teams on behalf of the two individuals and the CPP of the Houses, which cost in excess of €1 million. That is not good investment of public funds.

Where a tribunal is established the absolute privilege we claim should not continue to be applied. Mr. Justice Morris raised the issue of whistleblowers, which he asked the CPP to look at because where information comes maliciously or falsely to individuals of the Houses, who act in good faith, which the two Deputies did, it can give rise to the situation that emerged here.

The overriding thrust of these reports brings us to the conclusion that the disgraceful behaviour of a small number of gardaí during the 1990s in Donegal should not be allowed to overshadow the dedication and public service given by the majority of gardaí, now and in the past, to the State. That would be retrograde and would be an injustice to those who have served with distinction.