Seanad debates

Tuesday, 1 April 2014

2:30 pm

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail) | Oireachtas source

On behalf of Fianna Fáil I pass on my condolences to Senator John Kelly on the sad death of his father. I also pay tribute to former Senator Sam McAughtry and pass on my sympathies and those of the Fianna Fáil group to his family. On another occasion we will have an opportunity to make full expressions of sympathy.

The ongoing controversy regarding the Government, the Department of Justice and Equality, the Attorney General and the Taoiseach is spiralling absolutely out of control. The datelines given by the Government and the statements made by the Taoiseach, the Minister for Justice and Equality, the former Garda Commissioner and the Attorney General, Marie Whelan, do not tally. Forget about whether my party has a motion of no confidence in the Minister, Deputy Shatter, in the other House, the public is entitled to know what is really going on. The only people who can answer this question are the Minister himself, the Attorney General herself and the Taoiseach himself, who last week effectively sent Mr. Brian Purcell to sack the Garda Commissioner.

There are many questions that remain outstanding. The Attorney General who sits at the Cabinet table and is a member of the Government has questions to answer and could bring clarity to the situation. Effectively, she was aware of the illegal recordings at a number of Garda stations since 11 November 2013. Are we to believe she never informed either the Minister for Justice and Equality or the Taoiseach in the four month period to Monday, 24 March? I do not believe that and the general public does not believe it either. How many meetings did the Attorney General attend in the intervening period and why did she not raise the issue at the Cabinet or separate meetings with the Minister for Justice and Equality? Are we to believe, when we know the former Garda Commissioner, Martin Callinan, had a close relationship with the Minister, that none of this was ever mentioned in conservation between the two of them? The Attorney General has claimed she intervened by stopping the recordings from being destroyed. When did she make this known to the Government? Does she at the Cabinet table and say nothing? There are many unanswered questions on the role of the Attorney General in this saga.

With that in mind, I propose an amendment to the Order of Business that, under Standing Order 56, the Attorney General come to the House to answer questions that my colleagues and I have because the current controversy has brought into question the management of the justice system; the management of the Cabinet; the role of the Attorney General and the communication between Departments. I will not refer to a specific case that has been mentioned in the media in deference to the Cathaoirleach, but the Attorney General has been asked to come to the House to answer questions. This is the correct forum for the Attorney General as a member of the Government to answer the very serious questions raised in order that the general public can have confidence in the justice system.

Personally, I do not have confidence in the Minister for Justice and Equality; neither do my colleagues. Nearly two years ago I tabled a motion of no confidence in him. The current controversies lead me to believe I was correct back then.

I ask the Leader to accept my amendment to the Order of Business and schedule time for the Attorney General to answer questions in the House under Standing Order 56. We wish to put these and other questions to her on her management and the reason she did not inform the Government of these very serious allegations and findings of fact when she became aware of them in November 2013. We will have other questions to put to the Secretary General, Mr. Purcell, in due course. The Attorney General is a member of the Government and answerable to Members. I, therefore, call on the Leader to ask her to come to the House. I formally propose an amendment that under Standing Order 56 the Attorney General come to the House to answer questions in this regard.

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