Seanad debates

Thursday, 23 November 2017

10:30 am

Photo of Trevor Ó ClochartaighTrevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

Tacaím leis an méid atá ráite ag an Seanadóir Ó Céidigh. Sílim go mbeadh sé an-mhaith dá mbeadh díospóireacht againn maidir leis an gcóras craoltóireachta poiblí anseo in Éirinn. Aontaím leis an méid atá ráite ansin. Aontáim cuid mhaith leis an méid atá ráite ag an Seanadóir Ardagh ar maidin maidir leis an Aire, Teachta Frances Fitzgerald. Sílim gur fágadh níos mó ceisteanna ná freagraí tar éis an seisiún a bhí againn aréir. We unfortunately have to return to the issue of the Tánaiste and Minister for Business, Enterprise and Innovation, Deputy Fitzgerald. It is quite clear that there are a number of issues that still have to be addressed concerning the debacle that has emerged.

I spoke to somebody with a legal background this morning who raised a couple of interesting points with me which I would like to put on the record here in the hope of getting answers to them. Has the confidentiality of the tribunal itself been breached? Our understanding is that on the second day of oral hearings there was a meeting at Garda HQ regarding its strategy. We understand that there was an email that afternoon to the Minister, Deputy Fitzgerald. Section 11 of the Commission of Investigation Act makes it an offence to disclose evidence given at a commission of investigation. All proceedings in a commission of investigation are private except in exceptional circumstances. Therefore, as it is an offence under section 11 to disclose evidence, has an offence been committed? Surely the Garda, a Minister for Justice and Equality and officials from Department of Justice and Equality should be aware that is an offence.

A number of parties were connected to the emails that have gone over and back. It is very important to know who those officials were. Who was party to the emails, and why? If an offence was committed, was it reported? Did the Minister, officials or any member of the Garda report it? That leads to the question of where the information came from. Was there a leak in the commission itself? Was the Minister, Deputy Fitzgerald, herself not shocked by all of this? If somebody divulged information to any of us from a family court hearing, we would be concerned. Why would an in camera meeting of the commission not cause the same concern in a Minister for Justice and Equality, particularly when it was such a high profile issue at the time? So far the story just does not stack up. From speaking to political colleagues across the Houses, I do not think that many people in these Houses believe the story we are being given.

The potential offence gives rise to questions about the judgment of the Minister, Deputy Fitzgerald, at the time. Does the Leader have confidence that we are getting the full story? From our perspective on this side of the House, we are not sure, and we are certainly not confident that we are getting the full story.

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