Last week during Leaders' Questions the Tánaiste told the Dáil that a statement from the Garda Commissioner Nóirín O'Sullivan would be forthcoming to clarify matters arising from the O'Higgins commission. Thus far there has been no clarification from the Garda Commissioner or the Minister. In my questions to the Tánaiste I made the case that the Minister for Justice was the line manager of the Garda Commissioner and the Minister was accountable to the Dáil. I asked her if she had spoken to the Garda Commissioner about what instructions she gave to her legal team about Sergeant Maurice McCabe. I also asked the Tánaiste if two senior officers had claimed that Sergeant McCabe had told them that he had acted with malice in raising issues of Garda malpractice in Cavan-Monaghan. The Tánaiste refused to answer those questions. According to press reports the Tánaiste also said at the weekend that the Commissioner would clarify the controversy in her own time. If that is an accurate account of the Tánaiste's comments it is not acceptable.

Today's killing of Gareth Hutch is to be condemned like the other murders. I attended a community vigil in the north inner city last week and these events, the scale of the illegal drug trade and the neglect of these neighbourhoods are a tragic reminder of our solemn obligation to ensure communities victimised by criminality have the very best policing service in order to safeguard and uphold their rights. Citizens of this State, An Garda Síochána itself, and in particular victims of serious crimes, deserve this. The Opposition, as an Taoiseach knows, has a duty to uphold and to hold the Government to account. Government Ministers have a duty to answer questions put to them by the Opposition-----

Does the Deputy have a question?

Yes. I will ask the Taoiseach the same questions I asked the Tánaiste. Has he spoken to the Garda Commissioner? Could the Taoiseach explain to the Dáil what instructions the Garda Commissioner gave to her legal team about Sergeant McCabe? Would the Taoiseach tell the Dáil whether two senior officers claimed that Sergeant McCabe had admitted to them that he acted with malice?

I have not spoken to the Garda Commissioner about this matter. The O'Higgins report is due for debate in the House tomorrow. The findings of the report are very clear.

I intend to make a short contribution to that debate myself. The Garda Commissioner is due to appear before the independent Policing Authority on Thursday and that is an opportunity for the Commissioner to speak.

Deputy Adams is well aware that it seems as if a person or persons were very much aware of what they were doing when they chose to leak selected pieces of evidence from a commission of investigation which in itself is an offence, as Deputy Adams is also well aware. I have no idea who that person or persons is or are. The Minister for Justice and Equality has pointed out that the Garda Commissioner has an opportunity to make a statement and I understand the Commissioner is due before the independent Policing Authority on Thursday.

The Taoiseach's answer is not good enough. These are genuine questions put in a very straightforward way. That he or the Minister for Justice and Equality has not spoken to the Garda Commissioner since these issues first came into the public realm is not the right way to do business, and he refuses to treat the Dáil with the respect it deserves by refusing to answer straightforward questions. The Taoiseach should remember that he did this in the long run into the events which led to the unprecedented resignations of the Garda Commissioner, the Garda confidential recipient, the former Minister for Justice and Equality and the Secretary General at the Department of Justice. The Taoiseach knows well that the former Minister for Justice and Equality, Mr. Alan Shatter, was embroiled in a series of scandals when the two Garda whistleblowers raised concerns about practices in the upper echelons of the Garda. Those Garda whistleblowers were smeared and bullied. Rational proposals from us and others here in the Dáil were ridiculed by the Ministers as well as the Taoiseach at the time.

We need a question, Deputy Adams, please.

The Taoiseach was then alerted to the tapping of telephone calls in and out of Garda stations. After telling the Dáil there was nothing to see, he acted in an entirely unorthodox way, and the Taoiseach will recall I said that at the time.

Let us not forget that the most important people in all of this are the victims of the crimes that were not properly investigated. Therefore, I ask the Taoiseach again if he will, as a matter of urgency, speak to the Commissioner or authorise, instruct or request the Minister for Justice and Equality to do so. Will he ask the Garda Commissioner what instructions she gave to her legal team and whether or not two senior officers claimed that Sergeant McCabe admitted to them that he acted with malice?

Deputy Adams asked me if I had spoken to the Commissioner about this matter and I answered him by saying that I had not spoken to the Commissioner about it. As Deputy Adams is well aware, the Commissioner is not entitled to speak to me or anyone else about evidence she would have given under oath to the O'Higgins commission.

It was not evidence; it is her instructions to her brief.

Clearly, the leaking of selected pieces of information is an offence.

Tell that to RTE.

What is the Taoiseach doing about it though?

Please, one speaker.

The Minister for Justice and Equality is in touch on an ongoing basis with the Garda Commissioner and the Garda will investigate whether there is any issue of disciplinary action that should be taken arising from what has happened here.

What has happened, Taoiseach? Tell us what just happened.

The Garda Commissioner is to appear before the independent Policing Authority on Thursday.

I ask the Taoiseach to conclude.

I thought she was answerable to the Dáil.

Obviously, she has the opportunity to make a statement there in answering questions from the authority.