Niall Ó Donnghaile (Sinn Fein) | Oireachtas source

Gabhaim buíochas leis an Tánaiste as a bheith linn. She is very understandably facing many inquiries on foot of the manner in which she responds to questions she is being asked about this very serious issue in the context of what she knew about the denigration of the whistleblower, Sergeant McCabe. I say to Senator Conway that nobody is calling anything else into question. Effectively, the Tánaiste's failure to answer satisfactorily the questions that have been asked is undermining her judgment, competence and credibility. She has clearly failed to convince the public that she cannot remember whether she read the email. It is, of course, inconceivable that she did not know in May 2014 of the malicious criminal complaint against Sergeant McCabe.

Did the Tánaiste's departmental officials brief her about Sergeant McCabe? Was she aware of the documents that the then Taoiseach was given by Deputy Micheál Martin regarding allegations against Sergeant McCabe? If not, why was she not aware of them? The email, the Tánaiste says she cannot remember reading, refers to the malicious complaint and its use as part of the legal strategy of the then Garda Commissioner, Nóirín O'Sullivan, to denigrate the sergeant despite these allegations having been disproven and not pursued by the DPP. On mature reflection, does she recall any clearer now that she did, in fact, read the email?

The Tánaiste said that actions speak louder than words. Let us reflect on some of her actions. Despite having misinformation, despite having read this email and knowing what has been pursued by the legal team of the former Garda Commissioner, Nóirín O'Sullivan, what did the Tánaiste do? She told the Taoiseach that she did not know about the former Commissioner's malicious legal strategy to undermine Sergeant McCabe before his cross-examination by the commission on 18 May 2015. However, the sensational email sent to her, which she conveniently says she cannot remember reading, is dated 15 May, three days before the cross-examination. In her opening remarks, she has told us again of everything she has done for whistleblowers during her tenure as Minister, but upon mature reflection and looking at the evidential facts put before us, what did she do for whistleblowers in this instance?

On mature reflection, would the Tánaiste now like to revisit her memory while she has the opportunity here in the Seanad and correct these contradictory accounts on the floor of this House? As other colleagues stated, why did it take over two years before this sensational email was uncovered? I suggest to Senator Boyhan, who is no longer here, this is the reason we find ourselves having this debate. It took almost three years before the email was uncovered.

We are told that, on his appointment, Mr. Justice O'Neill was provided with all the relevant documentation. I presume that the Charleton tribunal was also provided with all the relevant documentation. However, this elusive email has not surfaced with Mr. Justice O'Neill or the Charleton tribunal. Why did the sensational email not surface on both these occasions? Was the email contained as part of all the relevant documentation and if not, why? If it was, why did it lie dormant and its importance overlooked until now? Who first informed the Taoiseach about the email? Was it the Tánaiste? When did the current Minister for Justice and Equality find out about the email?