We use Google Analytics to see which pages are read and how the site is used, so we know what to improve. This only runs if you accept. See our privacy notice for details.

Dáil
‹ Order of Business

Banking inquiry reporting date

Summary

Micheál Martin seeks certainty on whether a general election could prevent the banking inquiry from reporting in January, arguing that Deputies would have approached the extension vote differently. The Taoiseach says the election timetable and the inquiry’s legitimate extension are separate matters, while the Ceann Comhairle repeatedly rules Martin’s continuing interventions out of order.

Yesterday, we voted through a request from the chairman of the banking inquiry, Deputy Ciarán Lynch, to extend the date for that inquiry to report until the end of January. I then asked the Taoiseach what I thought was a very reasonable question - to confirm if the House was to be dissolved before the end of the year. If a general election is called, the banking inquiry will never report and I believe the House should be apprised of that matter. It is reasonable that the House would have some certainty, having voted on this issue yesterday, as to whether the banking inquiry will report in January unhindered, in other words, that the report of the banking inquiry will not be undermined or prevented by the calling of a general election. It is very reasonable to seek clarity on that and, if necessary, we should have time to discuss it. It could not be more basic than that. Given all the time, effort and money that has been put into the inquiry, it seems extraordinary that the Taoiseach cannot give a straight answer as to whether it will definitively report in January on the basis that there will not be a general election before the end of the year. I would appreciate it, therefore, if the Taoiseach could, in a straightforward and upfront manner, give an answer to that simple and reasonable request.

Secondly, last night on Prime Time there were some harrowing stories and presentations by many families and relatives of people who lost their loved ones. In some cases they were murdered or killed. They were very genuine cases. As the Taoiseach knows, an independent panel of barristers was set up by the Minister for Justice and Equality to investigate these particular cases, including that of Mrs. O'Farrell who lost her son in an appalling situation. In another case, the family of Shane Tuohey outlined the circumstances of his death which, they would assert, were not investigated properly by the Garda. What emerged from the programme was deep dissatisfaction with the process to date in terms of the independent panel and the replies that quite a number of the families have received. I do not know whether the Taoiseach has seen the programme, but it would be worth his while watching it.

Comment on this
Seán Barrett An Ceann Comhairle Fine Gael

Other Deputies did not get in yesterday. I am trying to get everybody in, so would the Deputy put his question?

Comment on this

Is the Taoiseach aware of the depth of distress caused and the dissatisfaction articulated about how the independent panel of barristers is going about its work, which the Government oversees? Is the Minister of a mind to make a full report to the House in relation to it? Is the Minister or the Government prepared to set up independent inquiries into a number of these cases?

Comment on this
Enda Kenny The Taoiseach Fine Gael

I am aware of the distress caused in these cases over many years. In fact, some of these cases came directly to the Department of the Taoiseach.

This is the only Government that has set up an independent investigation and analysis of all of these cases, over 200 in total. The Minister was very careful to have a person of appropriate experience look at all these cases objectively and communicate with the persons involved or their loved ones. The independent review was not put together as a commission of investigation or a commission of inquiry. Its purpose was to look at the allegations made and to make a determination on whether any further action was needed. It is important to note that it was open to the independent review mechanism to recommend any form of statutory inquiry into cases that it examined. Deputy Martin will be aware, because he gave some of them to me himself, that some of these cases are very complicated and go back over many years.

I reiterate that the Garda has fully complied with all requests for information in connection with the cases that were referred to the panel. Any suggestion that the panel did not receive full co-operation and full information is not accurate. The panel has provided recommendations to the Minister in all 320 cases and the Minister has accepted the recommendations of counsel in all cases. In order to ensure the probity and independence of the entire process from start to finish, the Minister for Justice and Equality requested the retired High Court judge, Mr. Justice Murphy, to undertake the task of overseeing the preparation of the letters of notification to ensure that those letters contained a fair and accurate reflection of the panel's recommendation. A total of 152 letters have issued to date. Some cases resulted in recommendations for further action, which the Minister has accepted, including referral to the Garda Síochána Ombudsman Commission and requesting a report from the Garda Commissioner in accordance with section 41(2) of the Act of 2005. The remaining notification letters will continue to issue over the coming weeks. It is understood that a number of these cases will result in significant further action, of which I am not yet aware. It is the intention of the Minister, on the completion of the process, to make a comprehensive statement of all the actions she has decided to take in line with the recommendations from counsel, and that will be discussed here.

I referred to the other matter Deputy Martin mentioned yesterday. The Chairman of the Joint Committee of Inquiry into the Banking Crisis requested extra time from the Dáil to complete his report and the committee's report. The Dáil granted extra time until the end of January. That is normal business and a normal request. The two things that Deputy Martin has raised are entirely separate.

Comment on this

The Taoiseach says they are entirely separate.

Comment on this

How are they entirely separate?

Comment on this
Seán Barrett An Ceann Comhairle Fine Gael

We are not discussing this issue now.

Comment on this
Enda Kenny The Taoiseach Fine Gael

I do not recall people standing in this position indicating the dates or otherwise of a general election. They are separate matters. The request that came from the Chairman of the committee was a perfectly reasonable and legitimate request and was granted by the Dáil.

Comment on this

On a point of order-----

Comment on this
Seán Barrett An Ceann Comhairle Fine Gael

No. There is no point of order. Deputy Adams is next.

Comment on this

The Taoiseach has said that we voted yesterday to extend the report.

Comment on this
Seán Barrett An Ceann Comhairle Fine Gael

It is not a matter for the Order of Business. Would you resume your seat, Deputy Martin? Deputy Adams is next. Thank you.

Comment on this

If we had known there would be a general election before the end of the year, we would not have voted that through.

Comment on this
Seán Barrett An Ceann Comhairle Fine Gael

Do not be clicking with your fingers either, Deputy Martin.

Comment on this

We would have wanted to committee to report. The Taoiseach is treating us like fools.

Comment on this
Seán Barrett An Ceann Comhairle Fine Gael

Would you please resume your seat? Thank you.

Comment on this
Seán Barrett An Ceann Comhairle Fine Gael

Deputy Martin, would you please resume your seat? Deputy, I am on my feet.

Comment on this

On a point of order-----

Comment on this
Seán Barrett An Ceann Comhairle Fine Gael

I am on my feet. Would you resume your seat? You know you are out of order. Deputy Adams is next. Thank you.

Comment on this

Hang on a second, a Cheann Comhairle-----

Comment on this
Seán Barrett An Ceann Comhairle Fine Gael

No, I will not hang on a second. I will not hang on a second. You hang on a second and resume your seat. Deputy Adams is next.

Comment on this

We do not know whether there will be-----

Comment on this
Seán Barrett An Ceann Comhairle Fine Gael

Deputy Adams is next. That is not a matter for the Order of Business.

Comment on this

Of course it is a matter for the Order of Business. It is very basic. What is going on is outrageous.

Comment on this
Seán Barrett An Ceann Comhairle Fine Gael

It may be outrageous, but you can table a Parliamentary Question. Thank you very much.

Comment on this

I should table a Parliamentary Question about whether the banking inquiry will report? Are you serious?

Comment on this
Seán Barrett An Ceann Comhairle Fine Gael

Deputy Adams, please. Thank you.

Comment on this

We cannot be told that much. Is that correct?

Comment on this
A Deputy

Ask Deputy Peter Mathews.

Comment on this

It does not matter. I do not believe it. This place is unbelievable.

Comment on this
Seán Barrett An Ceann Comhairle Fine Gael

Sorry, Deputy Mathews. Would you please stay quiet? Deputy Adams is next.

Comment on this

It is entirely separate.

Comment on this
Seán Barrett An Ceann Comhairle Fine Gael

Do you want me to read out what is allowed under the Order of Business?

Comment on this

No, a Cheann Comhairle.

Comment on this
Seán Barrett An Ceann Comhairle Fine Gael

Then learn your Standing Orders and you will be all right.

Comment on this

I know them only too well.

Comment on this
Seán Barrett Micheál Martin Fine Gael

Well, you do not display it.

Comment on this