Róisín Shortall (Dublin North West, Social Democrats)
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154. To ask the Tánaiste and Minister for Justice and Equality if he will waive confidentiality in relation to the legal agreement reached between the State and a person (details supplied) in relation to the civil action being taken by a person in view of the strong public interest in the proceedings; and if he will make a statement on the matter. [48590/18]

Charles Flanagan (Laois, Fine Gael)
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As the Deputy will be aware, the first-named person is a named party in a civil action 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.  Prior to making a decision on the issue, I sought legal advice from the Attorney General.

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.

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 in 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 wish to confirm that I have asked the Attorney General to advise on settlement of this and related civil actions.  However the Deputy will appreciate that at this stage, the cases concerned have not yet been settled and as such there is no legal agreement between the parties, including the persons referred to.

I wish to assure the Deputy that my priority and that of the Government is for these cases to be settled without undue delay, in the interests of the second-named person and his family.