Catherine Murphy (Kildare North, Social Democrats)
Link to this: Individually | In context | Oireachtas source

95. To ask the Tánaiste and Minister for Justice and Equality the date on which he approved an application to grant legal representation to a person (details supplied); and if he will make a statement on the matter. [47647/18]

Charles Flanagan (Laois, Fine Gael)
Link to this: Individually | In context | Oireachtas source

As the Deputy will be aware, the person referred to in the question is a named party in one of the civil actions initiated against the Minister for Justice and Equality, Ireland, the Attorney General and the Garda Commissioner, relating to matters which arose during his tenure as Garda Commissioner.

In accordance with section 48 of the Garda Síochána Act 2005, on the recommendation of the Acting Garda Commissioner and in accordance with normal procedures, I approved an application for the granting of State representation to the person concerned on 13 July 2018.

It is important to note that State representation does not constitute an undertaking or grant of indemnity. Nor does the granting of representation imply that a case is being defended, rather it simply means the party is legally represented. Prior to making a decision on the issue, I sought legal advice from the Attorney General.

As will be clear to the Deputy, the decision to grant State representation was taken in July 2018, some time prior to the recent report of the Disclosures Tribunal which was published on 11 October 2018.

Following the Tribunal’s report, all aspects of this and related civil actions are being considered in consultation with the Office of the Attorney General. I can also confirm to the Deputy that I have asked the Attorney General to advise on settlement of this and related civil actions.