Enda Kenny (Mayo, Fine Gael) | Oireachtas source

I thank all Senators for their comments. I came as Taoiseach to deal with this issue - the terms of reference for the commission of investigation - because it is important. Ms Sophie Toscan du Plantier was murdered and the crime was never solved, her killer may well be at large. In the course of analysis in the process of discovery, it transpired there were recorded conversations at Bandon station. These have been transcribed and a number of them are stark and critical with respect to the case being pursued. Ms du Plantier's family has never had closure.

From this will arise a position where we will have an independent statutory Garda authority which will bring transparency, accountability and pride to the men and women who wear the uniform of An Garda Síochána in such a way that the citizens of our country can have faith and belief in the integrity and quality of what the Garda does. The decision referred to by Senator Naughton to civilianise the human resource management element of An Garda Síochána is important, although no more than the decision to have an open competition to fill the post of Garda Commissioner. I note the comments and actions of the interim Garda Commissioner in terms of her view of the force and the decision to send a private questionnaire to each of the 13,000 members. I remind Senator O'Brien that his party wanted to reduce Garda membership to 11,000. I also note the interim Garda Commissioner's comments about those with a dissenting or different voice in the force, and from all this will come a different Garda Síochána in which there is pride and visible integrity.

Senator Crown asked about the difference between Government and Opposition; I can tell him one difference. For a considerable period, Deputy Shatter raised questions in the Dáil arising from the Donegal situation. It was ten years before the Morris tribunal was set up. One difference I can stand over is that two weeks from being personally informed by the Attorney General of what I considered a grave and serious situation, a commission of investigation was set up by the Government, with very comprehensive terms of reference, under the chairmanship of a sole member who is a member of the Supreme Court and a person of exceptional competence and experience. He is not and should not be subject to political overtures, political direction or political instruction. In consultation with the Attorney General and the sole member, the Cabinet has defined the parameters of the terms of the commission of investigation. As Senators Bacik and Zappone pointed out, on the recommendation of the Oireachtas committee dealing with justice, the four issues mentioned are included fully in the terms of reference for the commission of investigation.

It is difficult to know the truth in all these matters. When the evidence was presented to me in the Dáil and when one goes through the issues, many of these issues were dealt with by the Garda Commissioner, the DPP or GSOC, but I speak for none of those three. What does one do? Does one set up another public inquiry about each of these matters or does one get a criminal lawyer of exceptional experience, like Mr. Guerin, to go through the evidence and examine the issues dealt with by those independent authorities to see if another case is to be answered? I stated in the Dáil that if the findings of that analysis are that further work is warranted, it shall be done.

I say to Senator O'Brien that I have three dozen cases on my desk now of allegations from both members of the community and members of the Garda about actions and allegations that are very serious. I have no idea whether they are true or not. Some of them go back many years. I assure Senator Crown that issues of concern are not confined to the justice profession. We have had to deal in the other House and in this House with issues relating to his profession that came to light 30 years ago and were never followed up. In fairness to the Minister for Justice and Equality, Deputy Shatter - nobody is perfect - he was the first one to point out and deal with the fact that GSOC did not have the facilities to do its job completely independently. He is the one who has now overseen the analysis of the situation by Mr. Justice Cooke. The results of the investigation by Mr. Guerin, SC. are awaited. The Oireachtas committee is conducting public consultation and examining the terms of reference and the views presented. In view of the exceptional capabilities of the sole member, the commission of investigation will endeavour to deal with the issue in the best way possible. These issues that go back so many years must be dealt with and it is entirely a matter for Mr. Justice Fennelly as to what he wishes to do with his investigation. I do not accept Senator O’Brien’s point, which he might make with the best intentions in the world, that it is for me or anybody else to attempt to give directions to somebody in charge of the commission of investigation.