Damien English (Meath West, Fine Gael) | Oireachtas source

I am pleased to discuss the resolution with the House on behalf of the Tánaiste. People will understand that she is stuck at a question-and-answer session in the Dáil. In any event, it is good to be here again. The Tánaiste hopes to get here as quickly as possible.

The Government has this morning approved draft resolutions to establish a tribunal of inquiry. The resolutions must now be approved by both Houses of the Oireachtas. The terms of reference for the tribunal of inquiry are comprehensive and clear in their focus. Mr. Justice Charleton will chair the tribunal and is available to begin work this week. The Government thanks him for taking on this role.

There has been much debate and discussion about the best way to establish the truth in the matters at hand. The proposal reflects those discussions and the information put into the public domain in the past week. These terms of reference will establish a public tribunal of inquiry get to the truth. That is in the interests of whistleblowers and members of An Garda Síochána, especially those against whom allegations have been made. Furthermore, it is in the public interest. It is required that the issue of how whistleblowers in An Garda Síochána have been treated is examined independently, fairly and publicly.

I will comment on the terms of reference. The tribunal will, of course, look at the matters originally recommended by Mr. Justice O'Neill. The terms of reference now contains specific references to the contacts between gardaí and Tusla as well as the Health Service Executive and other agencies in respect of Sergeant McCabe. While allegations put into the public domain relating to Garda Keith Harrison about Tusla were different, the Tánaiste has included contacts between gardaí and Tusla specifically in the first module.

In the light of specific concerns which have arisen, the tribunal will look at whether there is a pattern in respect of Tusla files and their use to discredit Garda whistleblowers. The Tribunal will also look at certain matters relating to the O'Higgins commission. It will also look at whether senior members of An Garda Síochána attempted to entrap or falsely accuse Sergeant McCabe of criminal misconduct.

There has been much debate on whether we should look at how other gardaí who have made protected disclosures have been treated. The Tánaiste is providing for a new module which will allow the tribunal to look at these cases in the context of action to target or discredit gardaí who had made protected disclosures. The Garda Síochána Ombudsman Commission will continue its work relating to complaints outside of these. There is provision for Mr. Justice Charleton to consult with the Minister for Justice and Equality if another judge may be needed to deal with the second module. The priority will be dealing with the issues arising in the first module. We are specifically providing that the tribunal can look at contacts between members of An Garda Síochána and any other relevant person that the tribunal may deem necessary. This would include members of the Oireachtas.

I wish to comment on the six questions contained in the McCabes' statement relating to An Garda Síochána that they, understandably, want answers to now. The Tánaiste is of course keen to facilitate them as much as possible. However, it would be incorrect to suggest that this matter is completely straightforward in circumstances where a tribunal is being established. Having consulted with the Attorney General, the Secretary General of the Department of Justice and Equality has written to the Garda Commissioner, in accordance with section 40 of the Garda Síochána Act, requesting the information sought in the six questions. The Tánaiste expects that it will be necessary to consult further with the Attorney General once the Commissioner has replied.This tribunal will ensure justice for Sergeant McCabe, his family and all parties involved. I commend this resolution to the House and I am sure all Members will join with me in wishing Mr. Justice Peter Charleton well in his task of great importance.