Róisín Shortall (Dublin North West, Social Democrats)
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34. To ask the Minister for Justice and Equality the reason for the delay in publishing the O'Higgins report; her views that the report was obviously leaked in advance of publication; the actions she proposes to take to establish how this important report was leaked; and if she will make a statement on the matter. [11059/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy is aware, I published the report of the O'Higgins Commission of Investigation into certain matters relevant to the Cavan/Monaghan Division of the Garda Síochána on the 11th of May. The report deserves the most careful consideration so that we can all do everything possible to avoid a repeat of the issues which gave rise to it in the first place. In this regard, I have asked the Garda Commissioner to examine the report and to indicate to me what further measures might be taken to try to prevent the type of difficulties outlined in it in relation to An Garda Síochána arising again. I am also seeking her proposals concerning the recommendations which it contains in relation to the Garda service. And I have forwarded a copy of the report to the Policing Authority in the context of its statutory role in relation to oversight of An Garda Síochána.

The Commission submitted the report to me on 25 April 2016. On receipt of the report I immediately referred it to the Attorney General and was advised, in line with the provisions of Section 38 of the Commission of Investigation Act 2004, to undertake a process to establish whether there was anything in the report which might prejudice criminal proceedings pending or in progress. This involved consultation with the Director of Public Prosecutions, the Garda Síochána Ombudsman Commission and An Garda Síochána. It was only possible to conclude that process on 10 May, and having established that the issue of prejudice does not arise, the next day I presented the report to Government and published it. So it is not correct to say that there was a delay in publishing the report.

While I regret that elements of the report were leaked to the media in advance of publication, I do not believe that an inquiry into the leaking of the O'Higgins report or parts of the report prior to its publication would be likely to identify the sources of any leaks. Leaving aside the clear legal constraints arising in relation to the work of any Commission of Investigation, I believe the partial leaking of the report carries with it a real danger of undermining the work of the Commission.

I very much appreciate that the events outlined in the report have been traumatic for many people who have been affected by them. It would be an injustice to those who brought events to light in the public interest and those who have lived under the shadow of these events for a long time, if we do not take on board the lessons from these events. Equally, as the report makes clear, victims were badly served in a number of these cases and their rights must be more central in the way that the Gardaí handle investigations. I hope they can take some reassurance from the fact that the examination of those events in this report will help serve to consolidate a programme of reform which will ensure we continue to have a Garda Síochána in which its members and the community it serves can take great pride.

I hope there can be general agreement too that what is important now is that the report is considered carefully in its totality and that we learn whatever lessons we can from it, particularly in the context of maintaining the high level of confidence which the community have in An Garda Síochána. I am committed to overseeing further reforms which are necessary to avoid a recurrence of the type of incidents highlighted in the report and I await proposals from the Garda Commissioner and the Policing Authority in this regard.

This House will shortly have a chance to debate the findings of the report and I believe we would all do well to reflect fully on its contents with the objective of making sure everything possible is done to avoid in future the type of difficulties outlined in the report.