The charges that have been laid at the Garda Commissioner's door are incredibly serious. The Government has acknowledged this in making the decision to establish a commission of investigation to be chaired by Mr. Justice Peter Charleton. It is quite unusual for the Government to have made a decision to establish a commission of investigation without consultation with the Opposition parties. We have not been furnished with a copy of Mr. Justice Iarfhlaith O'Neill's report, even in redacted form, although it was delivered to the Tánaiste and Minister for Justice and Equality more than two months ago, nor have we been consulted on the terms of reference for the commission. I do not know if Fianna Fáil, the Taoiseach's partner in Government, has received advance copies but the rest of the Members on the Opposition benches have not. This is not good enough.

I presume the Government will make time available for a full debate on the terms of reference but in the meantime, the fact the Garda Commissioner remains on active duty is troubling. I cannot think of another walk of life where, if allegations of this nature had been made against a person in a position of power, he or she would not be placed on administrative leave until the outcome of the investigation is known. This would be true of a school principal or even a shop manager. That it is not true for the head of An Garda Síochána is troubling. In this case the allegations are serious enough to warrant a commission of investigation. While some argument could be made for leaving the Garda Commissioner in place while Mr. Justice O'Neill carried out his initial investigation, I do not believe it is appropriate for as long as the formal commission of investigation is under way.

This morning a journalist contacted me and told me they had direct knowledge of calls made by the Garda Commissioner to journalists during 2013 and 2014 in the course of which the Commissioner made very serious allegations of sexual crimes having been committed by Sergeant Maurice McCabe. In 2015, the Garda Commissioner oversaw the investigation which examined the call logs of a Garda officer who was under suspicion of leaking material to the media. If it was a fact that the Garda Commissioner was in direct contact with the media making allegations against one of her own officers at around the same time, it would be quite extraordinary. I do not know whether the charges that have been made against the Garda Commissioner are true or not.

I am concerned that the Deputy is raising points in the House that are extremely dangerous and that he is taking us into territory into which we should not venture. It is not an appropriate matter to raise in the House.

Yesterday, it was announced that there is to be a commission of inquiry into these matters. We have not seen the terms of reference for that. Those on the Opposition benches have not seen the redacted or full report that led the Government to make the decision. I am making no allegation.

To raise the question of the commission of inquiry is perfectly legitimate. However, the Deputy has just recounted a dúirt bean liom go ndúirt bean léi story relating to a journalist contacting him and referencing the Garda Commissioner. I do not think such a statement is appropriate.

I will be guided by the Ceann Comhairle. I have some track record in these matters.

The Deputy does.

On the previous occasion that such information was given to me, I went directly to the then Minister for Justice and Equality, who caused an inquiry into these matters. I ended up in both the High Court and the Supreme Court, where I was told the proper course of action would have been to raise such matters directly in the House.

We have a long-standing tradition not to name people outside the House who are not in a position to defend themselves.

There is to be a formal inquiry into these matters. I am saying that I have been contacted by somebody who is willing to give evidence to the commission and, in the circumstances, it is my belief that the Garda Commissioner should stand aside until the inquiry comes to its determination. I ask the Taoiseach to agree with me on that.

I do not agree. The matter the Deputy has raised is of the most serious import and he understands this. The Tánaiste and Minister for Justice and Equality, Deputy Fitzgerald, received the report last October from Mr. Justice Iarfhlaith O'Neill on his review of two protected disclosures which deal with matters of privacy, confidentiality and constitutional import. The Tánaiste will lay the order before the House today, as is required in dealing with commissions of investigation and matters of protected disclosure. The report to be published will be what can be published, taking into account those parameters of privacy, confidentiality and constitutional importance. It will be published today on advice received by the Tánaiste. The reason for the commission of investigation is because Mr. Justice O'Neill, in his review, pointed out that the review could not have attempted to establish where the truth lies in respect of the very serious allegations made here.

We have not seen the review.

Protected disclosures are protected and the law is there for whistleblowers. These are allegations that are vehemently denied by the two people against whom they were made. For this purpose, the Attorney General spoke to the Chief Justice about appointing a judge to deal with it, as the Tánaiste announced yesterday.

There are set procedures that have to be followed. The Government yesterday approved the Tánaiste's recommendations that a commission should be set up, that the draft order which she brought to Government would be approved, that the order would be laid before the House and that the statement of reasons would be laid before both Houses of the Oireachtas. With regard to the approving of the appropriate motions, it was agreed that a suitable person should be appointed to conduct the investigation and that the issues are followed in correct sequence in that regard.

What Deputy Howlin said has been commented upon by the Ceann Comhairle in respect of hearsay, and Deputy Howlin has answered that. What is at issue here is a series of allegations the truth of which has not been tested yet, and which I can tell the House are wholly and vehemently denied by those against whom the allegations are made. These are not circumstances where a prima facie case of wrongdoing has been established. Mr. Justice O'Neill makes no findings in regard to anyone. In the case of the Garda Commissioner, as I have consistently stated on many occasions, there has been no finding of any wrongdoing of any kind against her and in those circumstances, she is entitled to our full support and that remains the position.

In calling you back, Deputy Howlin, I remind you that in your previous role as Minister, you brought forward legislation to deal with the whole area of confidential communications, so more than most Members in this House, you have detailed knowledge of the area.

I was going to instance that very legislation, having worked for a very long time to protect whistleblowers. We have a very poor record in this jurisdiction of listening to whistleblowers or acting upon their information.

I have not seen the report because the Government has not provided it to us, although it has caused a commission of investigation without any discussion with the Opposition parties, which is most unusual. Everybody is entitled to the presumption of innocence but issues that warrant a full investigation must be fully ventilated and fully investigated. As I said, in the normal course of events, when there serious issues like these that go to the heart of the administration of justice in our State, people will be asked to stand aside, without any predetermination of outcome, until there is a full, fair and complete investigation of all the matters concerned and a determination of the outcome. Our primary duty is to ensure that we restore confidence to An Garda Síochána, which has been battered and bruised by many investigations and allegations. I believe that means we must have decisive and clear action from all sides of this House.

It is not possible at this stage to put the entire report in the public domain in view of the nature of the allegations that are contained in the protected disclosures. The House will appreciate there is an obligation, including a general constitutional obligation, to protect the good names and reputations of persons who may be the subject of untested allegations and, in that regard, it is not appropriate to comment further. Deputies will have ample opportunity to debate the issues when the motion to approve the draft order is taken in the House. Furthermore, I must caution that the persons who made the protected disclosures are, pending the laying of the draft order before the House, still entitled to have their identities protected in accordance with the Protected Disclosures Act 2014.

Nobody made reference to any of them.

Obviously, the draft order will come in now. The statement of reasons will contain Mr. Justice O'Neill's conclusions and recommendations and his proposed terms of reference, which are being followed in full. I might add that those persons against whom the allegations have been made have co-operated fully with Mr. Justice O'Neill in his report and, obviously, will do the same with the commission of investigation.