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

When the truth is revealed at the disclosures tribunal it will be because of that work from all Members of the Oireachtas. I do not believe we should be running a parallel process, though, of course, I fully respect the role of the Seanad and the Dáil.

The terms of reference clearly mandate the tribunal to consider a wide range of questions, including the then Commissioner's legal approach. Among the 16 separate terms of reference are those to: investigate contacts between members of An Garda Síochána and media and broadcasting personnel, members of the Government, Tusla, the Health Service Executive, any other State entities or any relevant person as the sole member might deem necessary to carry out his work relevant to the matters set out; and investigate whether the false allegations of sexual abuse or any other unjustified grounds were inappropriately relied upon by Commissioner O’Sullivan to discredit Sergeant Maurice McCabe at the Commission of Investigation into Certain Matters in the Cavan-Monaghan district under the chairmanship of Mr. Justice Kevin O’Higgins. Members will have to agree these are very broad terms of reference indeed, agreed after much consultation with the Opposition.

I will endeavour this evening to shed as much light as possible on what I and the Department of Justice and Equality knew, and at what lime. I can only speak from my personal experience and knowledge, and I must be careful under law not to say anything that would undermine or interfere with the work of the disclosures tribunal.

On the Monday before last, I confirmed to the Taoiseach that neither I nor the Department of Justice and Equality had any hand, act or part in the legal approach of the former Commissioner. In that phone conversation, I also confirmed to the Taoiseach that I only became aware of the broad details dealt with in the commission when they came into the public domain in May 2016. Last Thursday, the Department of Justice and Equality informed me that an email had been located. It had been sent to me late in the afternoon of 15 May 2015. This email, which I released publicly last night, outlined a conversation between an official in the Department of Justice and Equality and an official from the Office of the Attorney General, highlighting that a disagreement had arisen between the two legal teams at the commission. The email indicated that counsel for An Garda Síochána had raised, during the hearings, an allegation of a serious criminal complaint against Sergeant Maurice McCabe that had previously been made.It is important to state that the email had said that Sergeant McCabe had always denied this allegation. The email states that counsel for Sergeant McCabe objected to this issue being raised and asked whether the Garda Commissioner had authorised this approach. The Garda Commissioner’s authorisation was confirmed, although it was understood separately that that might be subject to further legal advice.

It should be noted that extensive reference has been made to this matter on the public record in the opening days of the disclosures tribunal earlier this year. The email also states that the independent review mechanism found that an investigation file on the case had been submitted to the DPP, who had directed no prosecution. I put on the record of the Dáil last night, and the Taoiseach did so again today, that he had spoken with Sergeant McCabe and had had some disagreement over the contents of the email.

The concluding point in the email sent to me advised that neither the Attorney General nor the Minister has a function relating to the evidence a party to a commission of investigation may present. I could have no role whatsoever, then, in questioning or in any way seeking to influence the evidence another party gave to a commission of investigation or any legal argument made by such a person.

As Minister for Justice and Equality I paid tribute to the work that Sergeant Maurice McCabe has done and I met with Sergeant McCabe and his wife, Lorraine, early in my tenure. In welcoming the publication of the O’Higgins commission of investigation last year I made a very comprehensive speech and pointed out that Mr. Justice O’Higgins described Sergeant McCabe as a man of integrity who had performed a genuine public service at considerable personal cost. He is due the gratitude, not only of the general public, but also of An Garda Síochána and of this House. We set up tribunals of inquiry to look at all the evidence, hear all sides, and establish what the truth is. Above all, everyone is entitled to basic, fair procedures enshrined in our Constitution.