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Dáil
‹ Order of Business

Garda commission and referendum wording

Summary

Micheál Martin sought Government time to discuss the former Garda Commissioner’s removal and the delayed Fennelly commission, while also questioning the Irish wording of the marriage-equality referendum. The Taoiseach defended the commission and explained that the amendment’s Irish text was under review, prompting sharp exchanges and rulings from the Chair.

Will the Taoiseach give Government time to discuss a very important matter, the right of the Oireachtas and the public to hear about the circumstances surrounding the removal of the former Garda Commissioner? It has been 12 months since the Dáil was advised that this was to be the subject of a commission of investigation, along with other terms of reference dealing with telephone recordings in An Garda Síochána and the Joint Committee on Justice, Defence and Equality asked that the matter would be dealt with in eight weeks and in public. We have seen a variety of media reports and selective leaks to certain media outlets about what is going on in respect of conflicting evidence from senior civil servants and witnesses, and the letter that emanated from the chairman of the tribunal to the Taoiseach some weeks back. It took six weeks to put the interim report on procedural matters on the web. It is completely unacceptable that we have been kept in the dark for so long on a matter of such public importance. This could have been dealt with if, from day one, the Taoiseach had given straight answers to some questions on Leaders’ Questions in the Dáil. The Taoiseach should make a statement to the House on this issue. I ask him to give Government time to statements on why a Garda Commissioner had to resign and the circumstances surrounding his departure. It is unacceptable that we have been kept in the dark for a full 12 months and are likely to be kept in the dark for an indefinite time.

Comment on this
Seán Barrett An Ceann Comhairle Fine Gael

That is not really a matter for the Order of Business.

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I am sure the Taoiseach would agree that is entirely unsatisfactory. Commissions of inquiry were never intended to keep basic truths from the public.

Can the Taoiseach confirm the wording for the Irish language version of the marriage equality amendment to the Constitution? I thought there would be a statement to the House on that issue. It was the subject of correspondence from Bruce Arnold among others. My understanding is that the Government is disposed to change the Irish language version. Could the Taoiseach outline how the Government got that wrong at the outset, its implications and the need to remedy the wording?

Comment on this
Enda Kenny The Taoiseach Fine Gael

In regard to the latter matter, the Government, at its meeting on 21 January, agreed the text of the proposed wording in English of the Thirty-fourth amendment. That text was subsequently translated into Gaeilge by the Rannóg an Aistriúchán, which is the translation service in the Oireachtas, and included in the Thirty-fourth Amendment of the Constitution (Marriage Equality) Bill 2015. Some questions have been raised publicly regarding the Irish version of the text. The Minister for Justice and Equality and the Attorney General examined that issue with the support of Rannóg an Aistriúchán and legal and linguistic experts. Their view is that the Irish version as produced is robust and encompasses a right to marry for both opposite-sex couples and same-sex couples.

The Government, however, does not wish the Irish wording, as opposed to the key question in the referendum, to be the focus of any debate in the referendum campaign and in the interests of ensuring absolute clarity as to the intended effect of the amendment, it decided to amend the Irish wording and replace it with a more literal translation of the English wording. An Rannóg an Aistriúchán has worked on a new wording. Its recommendation, which the Government accepted, is that the revised Irish wording should be: "Féadfaidh beirt, gan beann ar a ngnéas, conradh pósta a dhéanamh de réir dlí." This is a more literal translation of the English wording, which is: “Marriage may be contracted in accordance with law by two persons without distinction as to their sex.” The Minister will introduce the proposed wording as a Committee Stage amendment to the Thirty-fourth Amendment of the Constitution (Marriage Equality) Bill 2015 tomorrow. That amendment, if approved by the people, would be inserted into Article 41 of the Constitution as Article 41.4. No changes are proposed to the existing provisions of that article.

In response to the Deputy’s first question, I do not propose to do that.

Comment on this
Enda Kenny The Taoiseach Fine Gael

I have already answered questions here on this.

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No, the Taoiseach has not.

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Enda Kenny The Taoiseach Fine Gael

The Fennelly commission was set up following information about extensive recordings made of members of the public in telephone calls to Garda stations over many years. Subsequent to its being set up, the Oireachtas committee dealing with matters relevant to justice, which includes members of the Deputy’s party-----

Comment on this

The Taoiseach should stop trying to abuse the committee.

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Seán Barrett An Ceann Comhairle Fine Gael

This is not a matter for the Order for Business but I am being tolerant.

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Enda Kenny The Taoiseach Fine Gael

-----recommended unanimously that the commission also be allowed to review and investigate the matters the Deputy mentions.

The Deputy sat on this side of the House when the legislation went through and he will be aware that it is illegal for somebody to comment on matters relevant to a commission of investigation.

Comment on this

It is not illegal for the Taoiseach to comment.

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Enda Kenny The Taoiseach Fine Gael

I have absolute faith in Mr. Justice Fennelly and in his integrity to do the job given to him by the Government. Deputy Martin should withdraw his comments, which have undermined the integrity of the commission he heads up by suggesting he should do certain things. That is beyond the Deputy's remit and certainly beyond mine.

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Rubbish. What is the Taoiseach talking about? What propaganda is he putting forward now? His spin doctor has spun that.

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Enda Kenny The Taoiseach Fine Gael

Mr. Justice Fennelly should be allowed to do his job.

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Seán Barrett An Ceann Comhairle Fine Gael

We have had a good innings on this matter. This is not in order.

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The Taoiseach should have answered questions in the Dáil in a very simple manner but he refused.

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The Taoiseach is saving it for after the next election.

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Seán Barrett An Ceann Comhairle Fine Gael

We do not need any help from Deputy Healy-Rae.

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It is some democratic revolution. He obfuscates and he hid behind the truth.

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Seán Barrett An Ceann Comhairle Fine Gael

The Deputy should calm down.

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