Written answers

Tuesday, 16 June 2015

Department of An Taoiseach

Commissions of Inquiry

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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139. To ask the Taoiseach if he envisages sections of the Commission of Inquiry chaired by Judge Fennelly being published before the whole report is completed; when same will be published; and if he will make a statement on the matter. [22556/15]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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140. To ask the Taoiseach if he or his Department have received any information or update on any section of the commission of inquiry chaired by Mr. Justice Fennelly; and if he will make a statement on the matter. [22555/15]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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141. To ask the Taoiseach when the Commission of Investigation conducted by Mr. Justice Fennelly will publish its next interim report; when the commission will publish its full report; and if he will make a statement on the matter. [23017/15]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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142. To ask the Taoiseach the number of staff currently working with the commission of investigation conducted by Mr. Justice Fennelly; and if he will make a statement on the matter. [23018/15]

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I propose to take Questions Nos. 139 to 142, inclusive, together.

In addition to the sole member, Judge Fennelly, the Commission of Investigation has four staff, comprising a Solicitor, a Legal Executive, a Head of Administration and a Messenger/Driver. A number of Legal Counsel also work for the Commission on a per diem basis as required.

As I informed the Dail previously, most recently on 9 June 2015 in response to parliamentary questions, under its terms of reference the Fennelly Commission was due to issue its final report by the end of 2014, subject to section 6 (6) of the Commissions of Investigation Act 2004, which provides for an extension at the Commission's request.

In July 2014, Judge Fennelly advised me that it would not be possible to complete the full investigation by the end of last year but that it may be possible for him to submit an earlier interim report on items (n) and (o) of its terms of reference, if so requested by me.

In response, I formally requested that Judge Fennelly would submit that interim report, if he believed it to be feasible and appropriate, and I informed the Dáil of that request.

In November 2014, Judge Fennelly submitted a detailed progress report to me and formally requested an extension of the timeframe for his full investigation until the end of 2015. I agreed to the extension of the overall timeframe.

It is solely a matter for the Commission to complete its final and interim reports, in accordance with the procedures set down in the Act.Under section 34, the Commission is required to circulate a draft interim or final report “to any person who is identified in, or identifiable from, the draft report” but under section 37, it is an offence to disclose the contents of a draft report or to divulge that a draft has been sent to a person.

When the Commission's interim and final reports are received they will be published in accordance with the law.

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