Paul Coghlan (Fine Gael) | Oireachtas source

I thank the Cathaoirleach.

This is a very serious matter, as Senator McDowell said. An Garda Síochána is, of necessity, a highly-disciplined force and we are not taking whatsoever from the presumption of innocence. It would be in the Commissioner's own best interests, and to avoid any possible hint of conflict of interest, for her to step aside for the duration of the tribunal. I say that because she is named several times in the terms of reference. They are very serious allegations. In the documentation I have are the details of the protected disclosure by Superintendent David Taylor, and the campaign that was allegedly mounted at a senior level in An Garda Síochána to discredit Sergeant McCabe is outlined therein. There are three or four more instances where the Commissioner is specifically named in the terms of reference further into this documentation, again regarding the protected disclosure. There are more than three or four such references.

The speech that was delivered by the Minister of State, Deputy English, on the Tánaiste's behalf outlines that this is not completely straightforward. He stated:

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 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.

The Tánaiste expects that it will be necessary to consult further with the Attorney General once the Commissioner has replied. I am a layman; the Garda Commissioner is the head of the Garda force and, presumably, will have to take a hand in providing all of the answers. It may be preferable for her to have her own personal legal representative at the tribunal to avoid any possible hint of conflict.

I find this situation inexplicable and would like to hear the Tánaiste's views on it because it is so serious. All that said, I very much welcome the establishment of the tribunal and wish it well.