Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I thank Members for their contributions today, which I have noted, on this important matter. Before finalising the terms of reference, I was very keen to hear the views of Members of the Dáil and Seanad. I am open to making improvements that can be agreed to the terms of reference. I have already indicated that I am open to accepting amendments that will clarify the two issues which Senator Warfield and the Fianna Fáil spokesperson referenced. I will support the inclusion of those in an appropriate way in the terms of reference. That is to put it beyond doubt that any allegations around a criminal charge, which may have formed part of any sort of a smear campaign, would be very clear in the terms of reference. Deputy O'Callaghan felt this was not clear enough and I am happy to amend the terms of reference in order to clarify that point.

I also have no difficulty with including members of the Government. I note that the Sinn Féin representative here, Senator Warfield, has suggested the inclusion of Deputies and perhaps Senators, but I make the point that we want the report to be timely and the more we extend the terms of reference, the longer it will take to get the outcome of the commission. For this reason, I am more inclined to confine it to members of Government. We have already included the media and members of Government in the current terms of reference regarding whether contacts were made in the way that has been suggested. I assure Senator Boyhan that I will do this, as I said.

Reference was made to other whistleblowers, but the judge did not recommend that other whistleblowers be included in the terms of reference. He said that this was a unique situation involving these very serious allegations. I do not talk about individual cases obviously, but there are cases involving other whistleblowers before the Garda Síochána Ombudsman Commission, GSOC, which is charged with investigating complaints against gardaí. It is setting up a protected disclosure unit and I believe we must arrive at a point where people, whether it is in An Garda Síochána or elsewhere, have confidence in the mechanisms that are there to investigate their complaints. We must ensure that there are sustainable and consistent places where whistleblowers can go where they know that appropriate processes will be brought forward and people are in place so that their complaints are dealt with in detail. I will return to the House with an amended motion at an appropriate time.