Alice-Mary Higgins (Independent) | Oireachtas source

I am very pleased that we are now discussing a public inquiry. I agree that it is the appropriate step to take. It took a while to get to this point of realisation but it is very good that it is now considered to be the most appropriate way to investigate the allegations, given what we have seen happening in terms of other processes which were not put in place.

I am happy to support the terms of reference for the inquiry. However, I wish to make a couple of points and I would appreciate if the Minister of State could clarify them as that would be very helpful. There is reference in the terms to contact between An Garda Síochána and a number of categories of persons, including members of Government. To clarify, when we talk about members of Government, I assume that covers both Ministers and former Ministers. It is important that it includes all of the Ministers for justice during the period and all of the Ministers for Children and Youth Affairs because there have been changes in personnel over a period and in some cases Ministers have held both portfolios, as Deputy Fitzgerald was Minister for Children and Youth Affairs in 2014 before becoming Minister for Justice and Equality. It is important that clarity is provided. It is important also that Ministers are included in that regard, including the Minister for Health, if necessary, and that when we talk about any other relevant person as the sole member, Mr. Justice Charleton, may deem, that this might include ministerial advisers and others. I would have liked if there was clarity, but I recognise the scope is there, to provide for officials within the Departments of Justice and Equality and Children and Youth Affairs to be deemed as relevant persons for the purposes of this inquiry. It is important and useful to clarify that.

One other point which I would like to raise in that regard is that in provision [d] relating to the investigation of Tusla, it is my assumption that members of Government may also be called on in this inquiry in respect of the other areas, so not simply, for example, with regard to their contacts with the Garda Síochána but also the question as to whether Ministers were briefed by their officials and if not why not, for example, at the time the mistakes were being made in April and May 2014. I retract the word "mistakes", because we do not know what was occurring in April and May and we will uncover that. I wish to clarify that another area that will be covered by the terms of the inquiry is contact between officials on the question of whether officials were briefing Ministers in respect of these issues and if not why not.

It is appropriate that we have a very short and sharp focus in terms of the timeline for an interim report of three months but I recognise that the timeline covered by the public inquiry is part of a much longer timeline, a disgraceful one which has moved across a number of Governments. It may be the case that when we get the three-month interim report, arrows might point to further areas that need re-examination and re-investigation and I hope there will be an openness in the Government to look at other areas of concern that are emerging, whether or not under the terms of this inquiry. We can go back to the mistreatment we have seen of Garda Wilson. I recognise that Garda Harrison is mentioned in the terms of reference, which is a positive measure. Arrows might point to other areas of the timeline that might need further examination. That might be something we need to look at in three months' time. Although it is appropriate that the inquiry would be sharp and focused I notice there is a point about making the inquiry as economical as possible. It is important that "economical" does not in any way cover the truth and the full scope. It is also important to emphasise that a full resourcing wherever required by the inquiry needs to be provided.

I am very happy that the situation has come to this point. I hope we will see justice for the McCabe family but it is crucial to consider the bigger picture of the Garda Síochána in this country, who are guardians of the peace. Peace of mind is a concern, not just for the families who have been wrongly and shamefully affected by the measures, but also for the public and that must be addressed. I hope the inquiry will go some way towards addressing it. I hope there will be a full spirit of co-operation and no sense of obfuscation, reluctance or tendency to take an adversarial approach but that the engagement by all parties in the inquiry is full-hearted.

A valid point was made by Senator McDowell. The Commissioner should have considered whether it might be useful to the process and the public trust and engagement in the process if she were to consider stepping aside at least during the period of the inquiry. I recognise that is her decision but to do so would not necessarily be an admission of guilt but it would perhaps be useful to the proceedings. Nonetheless, I hope and wish for a positive, strong engaged process and that in three months' time we will be able to return to this House with a little more confidence in the institutions of the State.