Seanad debates

Wednesday, 28 May 2014

11:30 am

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

A few short weeks ago the Taoiseach came to this House to bring forward legislation on an inquiry, led by Mr. Justice Nial Fennelly, into Garda whistleblowers, the alleged bugging of the Garda Síochána Ombudsman Commission and the resignation, retirement or forced resignation of former Garda Commissioner, Mr. Martin Callinan. During that debate I suggested to the Taoiseach that he could simply have outlined to the House what he asked Mr. Brian Purcell, Secretary General of the Department of Justice and Equality, to say to the former Garda Commissioner. He knows what happened and he could have put the matter on the public record in this House. He refused to do so, and he refused again earlier this week on our national broadcaster. We are now left in a situation whereby the Joint Committee on Justice, Defence and Equality will meet this afternoon to discuss the Guerin report and the Secretary General of the Department of Justice and Equality will appear before that committee to answer questions on the report. We are led to understand that Mr. Purcell will not be answering any questions relating to the conversation he had with the Taoiseach in advance of his visit to the former Garda Commissioner to ask him to resign, if that is what happened. In effect, the waters have been completely muddied.

I put it to the Leader that Mr. Purcell is being put in an invidious position by this Government because he is being asked to go into a committee where every member, which I assume includes members on the Government side, will be asking him what occurred during his conversation with the Taoiseach in advance of his meeting with the former Commissioner. He will not be in a position to answer those questions. His position will probably then be untenable and he may have to tender his resignation at that stage, all because the Taoiseach will not tell us what he asked Mr. Purcell to say to the former Garda Commissioner.

This is an incredible situation. When the Taoiseach was in this House he promised us he would ensure we got to the bottom of the matter and that we would find out all the facts. In respect of the Fennelly report, the Taoiseach could have told the Seanad what he said but he has refused to do so. If what I suggest transpires, it will further undermine the authority of the Department of Justice and Equality, or certainly its Secretary General, and will have ramifications across the Department and those who administer justice in this country. This situation is being created by the Taoiseach and the Government. I put on record my absolute displeasure at this and my hope it is not the case. Has the Taoiseach, the Department of the Taoiseach or the new Minister for Justice and Equality instructed Mr. Purcell not to answer questions relating to the resignation of the former Garda Commissioner? Has he been told not to answer those questions later today? If the Leader has the answers to my questions, I ask him to tell us and, if he does not, to inquire into the matter.

I propose an amendment to the Order of Business to assist those on the Government side. The Leader has been trying for the past 14 months to get the Minister for Health to come to the House to answer questions on medical cards and the removal of discretionary medical cards. I welcome the Leader's comments in regard to his displeasure at what is happening. The Minister is blatantly refusing to come into this House and the only way we can get him to do so is by passing an amendment to the Order of Business on the matter. I am therefore proposing an amendment to the Order of Business that the Minister, Deputy Reilly, would come to the House to discuss exactly what is happening and what form the review of the removal of discretionary medical cards is going to take.

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