Written answers

Tuesday, 14 November 2017

Department of Justice and Equality

Departmental Communications

Photo of Alan KellyAlan Kelly (Tipperary, Labour)
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226. To ask the Tánaiste and Minister for Justice and Equality the purpose of the telephone call from the then Garda Commissioner to the Secretary General of his Department on 15 May 2016; and if he will make a statement on the matter. [48139/17]

Photo of Alan KellyAlan Kelly (Tipperary, Labour)
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227. To ask the Tánaiste and Minister for Justice and Equality if the logs, notes and diary entries in his Department regarding the phone call between the then Garda Commissioner and the Secretary General of his Department on 15 May 2016 will be published; and if he will make a statement on the matter. [48140/17]

Photo of Alan KellyAlan Kelly (Tipperary, Labour)
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228. To ask the Tánaiste and Minister for Justice and Equality when the former Minister for Justice and Equality was informed of the phone call and-or details of the phone call between the then Garda Commissioner and the Secretary General of his department on 15 May 2016 [48141/17]

Photo of Alan KellyAlan Kelly (Tipperary, Labour)
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229. To ask the Tánaiste and Minister for Justice and Equality when the attention was drawn to persons in his department of the decisions taken at the meeting of senior Garda management in Garda headquarters on 15 May 2016; and if he will make a statement on the matter. [48142/17]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I propose to take Questions Nos. 226 to 229, inclusive, together.

Insofar as the subject matter of these questions appears to refer to issues which are specifically within the terms of reference of the Disclosures Tribunal under Mr Justice Charleton, we must be careful not to say anything which would interfere with the Tribunal's work. 

I have previously indicated that it would not have been appropriate for my Department to interfere in any way with the approach of the Garda Commissioner to the O'Higgins Commission of Investigation.  I can assure the Deputy that there is no question of my Department having prior knowledge of the legal strategy to be adopted by the former Garda Commissioner.

I would point out to the House that the approach of the Garda Commissioner to the O'Higgins Commission of Investigation is covered by the following terms of reference of the Disclosures Tribunal:

Paragraph (e): to investigate whether false allegations of sexual abuse or any other unjustified grounds were inappropriately relied on to discredit Sgt McCabe at the O'Higgins Commission of investigation;

Paragraph (h): to investigate contacts between members of the Garda Síochána and, inter alia, members of the Government, other state entities, which would include my Department, or any relevant person.

I would also point out that in accordance with the Dáil Standing Orders (paragraph 59(3)), nothing should be raised in the House which could appear to encroach on or prejudice matters which are before a Tribunal.

Therefore, it would not be appropriate for me to comment on matters within the remit of the Tribunal.

However, if the Deputy or indeed anyone else either in this House or outside, has information which is relevant to the terms of reference of the Tribunal, they should bring that to the attention of Mr Justice Charleton.

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