I welcome this opportunity to put on the record of the House certain
matters.
I want to deal with the events of last week. Last Tuesday I brought a
memorandum to Government to seek approval for the establishment of a
Commission of Investigation under Supreme Court Judge Peter Charleton.
That memorandum arose in the context of protected disclosures which had
been made to me by two members of An Garda Síochána last October.
I have always made it clear that any wrongdoing within An Garda Síochána
must be addressed fully and fairly. It was with that in mind that within
days of receiving the disclosures I had appointed Mr Justice Iarfhlaith
O'Neill to review the allegations and to make recommendations to me. He
reported to me in December. Complex legal issues arose and when these were
resolved I brought a memorandum to Government last Tuesday. The purpose of
the memorandum was to give effect to Mr Justice O'Neill's recommendations,
which the Government accepted in full.
I published the terms of reference and his conclusions and recommendations
through the process of laying documentation before the Houses of the
Oireachtas, required under the Commissions of Investigation Act, 2004. I
published what was legally possible.
Mr Justice O'Neill, having access to the information contained in the
protected disclosures, believed that it was the matters which he set out
in the terms of reference which required investigation by the Commission.
Suggestions have been made that I had knowledge of TUSLA records at the
time the matter was before Government, which would have required me to
amend the terms of reference. As I have repeatedly stated that is not the
case. And I was as taken aback at - and disturbed - at watching the
revelations about TUSLA that were aired last Thursday as anyone else.
Clearly very serious issues have arisen.
Throughout my entire career I have worked to ensure that cases of child sex
abuse are not kept hidden and are dealt with openly and properly.
I was the first cabinet Minister for Children in the history of this state
– the Minister responsible for Children First, the referendum to enshrine
children’s’ rights in our constitution, the minister who set up Tusla.
My engagement with Deputy Jim O’Callaghan last Wednesday was constructive
throughout and entirely focussed on ensuring that a commission of
investigation would establish the full truth. I accept that each of our
positions on this aspect of the discussion are genuinely held. And I
acknowledge very much that is this spirit in which Deputy O'Callaghan has
worked.
I regret that differences have arisen between the two of us as to what
exactly was said. I have always found the Deputy honourable and I do know
he made very helpful suggestions about changes that might be made to the
terms of reference - which, indeed, I accepted in substance.
I think it is very relevant, though, that Mr Justice Charleton indicated
that he thought the terms of reference as I brought them forward would have
been sufficient to cover the matters which had arisen in the Prime Time
programme.
As I have already said Minister Zappone telephoned me on the 25th of
January to say that she was meeting with Sgt McCabe later that day. I have
also said that I respected the integrity of that meeting between her and
the McCabes. I know as a former Minister for Children and Youth Affairs how
sensitive some of the matters in that portfolio.
I welcome the fact that there has been a full apology by Tusla and that
Minister Zappone is to establish a statutory HIQA inquiry into the terrible
issues that have arisen there.
There is no question of me having misled the Dáil in any way in what I had
to say here last Thursday.
Deputies have referred to a series of questions in the McCabe's statement
yesterday.
In particular, there are a series of six indented questions relating to
contacts between the Gardaí and others relating to the false rape offence
allegation.
My Department is not involved in Garda operational matters and would not
have details like that in our records.
They are, of course, matters that will be dealt with fully by any inquiry
and this gives rise to a difficulty with the suggestion it is simply a
matter of asking the Garda Commissioner to ask the Gardaí involved. I have
not had a chance to get detailed formal advice on this from the Attorney
General but there are clearly implications for the rights of the people
involved. To say, on the one hand, we are going to establish an inquiry
into what you did, but in the meantime, we want you to provide answers
which we need to give to a person who will be party to that inquiry clearly
is fraught.
Of course, I understand well the concerns which people have expressed about
the treatment of Maurice McCabe. But it would be a great pity for people
here to try to rectify one injustice by causing others. Whatever anger
people might feel, in this country we do not set up tribunals of inquiry
simply to confirm what people already believe. We set them up to look at
all the evidence, hear all sides, and establish what the truth is.
We have to be careful not to rush to judgment. And above all everyone is
entitled to basic, fair procedures enshrined in our Constitution. I am not
prepared to ignore that and engage in a rush to judgement, which ignores
anyone's fundamental human rights.
We have to investigate matters fully, but it must be fairly too. I cannot
uphold the integrity of the office to which I have been honoured to be
appointed by setting at nought the rights of others. Some Deputies might
find that unsatisfactory but I cannot yield on that point.
In the course of today we should not lose sight of the fact that day in day
out An Garda Síochána are doing excellent work and I believe that credit is
due to all ranks for that. I have embarked on a programme of major reform
of An Garda Síochána, including the establishment of the Policing
Authority. And I hope over time these reforms will bed down in the Force.
I am, of course, open to constructive suggestions on any further reforms
that might be required.
In the meantime we need to get on with addressing the issues which have
arisen calmly, rationally and fairly.
Today the Government agreed in principle to establish a public Tribunal of
Inquiry to establish the truth for all concerned in this situation. I think
it is incumbent on us all now to get on with that work.