I am sure the Taoiseach agrees that it is not the time one gets out of bed that is important but what one does with that time. We have been caught somewhat unawares by the announcement this afternoon, given the unequivocal backing of the Taoiseach, the Tánaiste and every one of the Government team through every scandal in which Deputy Shatter has been involved. This includes, not least, the announcement over the weekend that he was guilty of a breach of law. It is the first time in our history a sitting Minister was deemed to be guilty of breaking the law. This is not just any Minister but one in the Department charged with responsibility for overseeing the data protection legislation. The Taoiseach and the ministerial team, including Deputy Varadkar not later than this morning, sought to dismiss and rubbish the findings of the Data Protection Commissioner even though it is well established as precedent in every jurisdiction that, where a Minister is found guilty of illegality or lying to Parliament, immediate resignation is the norm. While not bearing any personal grudge against the Minister, Deputy Shatter, everyone on this side of the House is amazed it has taken this long because in other jurisdictions he would have been long gone.

We say this particularly given the crisis he has weathered over the past 18 months, when the Taoiseach stood by him through the major scandals relating to the bugging of GSOC and the serious allegations of Garda malpractice put forward by Sergeant Maurice McCabe. Let us remember that Maurice McCabe, who last week had to make a complaint about bullying he is experiencing from members of the Garda force at the moment, has been campaigning on these issues for five years. The report issued by Mr. Guerin is based on allegations Maurice McCabe submitted to the Garda authorities and personally to the Assistant Commissioner - who, ironically, today applied to be Chief Constable of the PSNI. We were told and he was told by the Minister that there was no case to answer and that those matters had been investigated.

My questions to the Taoiseach are as follows. He has made the point a couple of times that GSOC did not co-operate with the Guerin inquiry. What does he mean by that? GSOC has been the butt of an undermining campaign by the former Minister on numerous occasions. I am aware that the former Garda Commissioner approached the Garda organisations and asked them to issue public statements of no confidence in GSOC at the time of the bugging applications. What is the implication of the Taoiseach's remarks that GSOC did not co-operate? This is the body charged with Garda accountability. The problem is far deeper than Deputy Shatter. Does the Taoiseach accept now that we need a root and branch review of the entire operation of An Garda Síochána, and does he accept that Professor Dermot Walsh's recommendations on Garda accountability should be implemented?

When I say that GSOC did not co-operate with the senior counsel, I mean that GSOC expressed difficulties in respect of furnishing documentation to him. Clearly, Deputy Shatter, as Minister for Justice and Equality, pointed out on many occasions the inadequacies, as he saw them, of both the then confidential recipient structure and the structure of GSOC itself. If a properly functioning GSOC had been able to follow through on complaints made to it, this particular report might not have been necessary at all. I believe that when the Government considers the terms of reference for the commission of investigation that Mr. Guerin has recommended, the question of the adequacy of investigation by GSOC should be considered as part of these terms of reference. It is a matter for the Government to decide on this. In so far as An Garda Síochána is concerned, we also have a commission of investigation into other matters conducted by Mr. Justice Fennelly, which is under way. The terms of reference for this particular recommendation by Mr. Guerin will be considered by the Government next week. Everybody in the House will have the opportunity to contribute on the issue also, including Deputy Daly.

I am even more confused than I was before the Taoiseach started. Will the Taoiseach advise us whether Deputy Shatter has resigned as Minister for Defence also?

The root of this issue is Garda accountability. This is a more serious issue than the issue of the Minister himself. He defended lock, stock and barrel the operation of the Garda when Deputy Wallace moved legislation last summer calling for reform. It has been our experience that GSOC desires to be what it was set out to be - a body to oversee complaints relating to the Garda force - but that it has been made toothless by the existing legislation.

I am not sure what the Taoiseach's implication is when he says GSOC had difficulties in providing information to Mr. Guerin. Is he saying GSOC could not find the information he asked for, or that it did not want to or was not willing to co-operate? What the Taoiseach said is a sort of veiled information. Would the Taoiseach agree with me that it is clear now that the issues around the Cooke inquiry with regard to the bugging of GSOC, which seems to be central to this whole issue, must now be brought under a proper commission of inquiry and that we must now take this opportunity to revitalise, redevelop and reconstitute An Garda Síochána in a manner that has not been done since the foundation of the State?

As the Deputy is aware, the Government has also made a decision that there should be a statutory and independent authority in respect of the running and structure of An Garda Síochána. The committee I chair on this had its first meeting last week and I expect that following the public consultation and discussions that will now take place we can come back in July with recommendations on setting up that structure and how it should operate. That matter will be reported to and discussed in the House.

I understand the report due in from Judge Cooke is on its way, but I do not have a date for it. When it comes to hand, I will treat it in the same fashion as this report. It will be published and laid before the House and its recommendations will be considered and, hopefully, implemented by the Government. The report is due shortly.