We will try to avoid a massacre.

Last evening I met Maurice McCabe and his family in his home in Mountnugent.

It is shocking and horrific that any family should have been put through what they have been put through over many years. I read the Tusla file when in Maurice McCabe's home. It is truly shocking. What strikes one is the incredibly casual approach to a monumentally false allegation on the part of the authorities in terms of the fact that the report was left hanging around in Garda stations without being corrected and in terms of the length of time it took for either Tusla or the HSE to deal adequately and properly with it. The lethal aspect of all this is the fact that the report in question was used to fundamentally undermine the integrity of Maurice McCabe. There is no doubt, in my opinion, that there was an attempt and a campaign to undermine the integrity of Maurice McCabe because he was proving to be a major thorn in the side of senior people within An Garda Síochána or on foot of the fact that he was raising issues that have subsequently been vindicated by a commission of investigation.

There is a need - I would like the Taoiseach to confirm this - for a public tribunal of inquiry under the Tribunal of Inquiries Act. Any inquiry cannot be secret. There must be the right of public cross-examination. People may ask why this should be the case. The McCabes made it very clear to me that they will never again engage with an O'Higgins-type process because what they went through in that regard was shocking, with the kitchen sink and all thrown at them by senior counsel representing the Garda Commissioner. The senior counsel said that he would be attacking McCabe's integrity and motivation all the way through the inquiry. He said that his instructions were to challenge the integrity of Sergeant McCabe and his motivation all the way through the inquiry. There was a five-page document prepared by the Chief State Solicitor's office on behalf of the Garda Commissioner. That is why they do not want to be involved in a similar exercise again under any circumstances. They want a public inquiry, Taoiseach. I know that Deputy O'Callaghan, who has acted in good faith throughout this situation, has sent out draft terms of reference for such an inquiry, which must include events at the O'Higgins commission of investigation that were designed to entrap Sergeant McCabe. Had he not had the tape recording of the Mullingar meeting, God knows where this would have ended up. That has to be investigated. I want confirmation from the Taoiseach that the Government is agreeable to including events at the O'Higgins commission of investigation in the terms of reference and that it is agreeing to a tribunal of inquiry.

I thank Deputy Micheál Martin for his question. Since responsibility came my way as a result of the office I hold, for the first time since the foundation of the State we have had a senior ministry for children, a Department for children, an agency for children, children's rights enshrined in the Constitution by way of a referendum and a statement in respect of sexual abuse in Cloyne and the cover-up engaged in and the limbo that existed in respect of what went on in this country for years. The entire country has sympathy with Sergeant McCabe and his family. I have made that point on many occasions. What is required is an effective process to deal with a central issue, namely, was there or was there not a deliberate smear campaign against Sergeant McCabe and his family by senior gardaí. That is what needs to be dealt with.

The Tánaiste and Minister for Justice and Equality received two protected disclosures some time ago. Four days later, she sent them to a judge, Mr. Justice O'Neill, who assessed them. His response was that what was needed was a commission of investigation to determine the truth and he set out the terms of reference for that commission of investigation. Following on from Deputy Micheál Martin's meeting with Sergeant McCabe and my meeting with the Deputy this morning, I understand that the McCabe family will not participate in a private investigation.

They want a public investigation. I want to be very clear about this. When we proceed down the road of having a tribunal of inquiry under the 1921 Act, dealing with tribunals, we have to be very clear that this is right down the middle in respect of everybody. The presumption of innocence until proven otherwise stands for every citizen, and people should be very careful in respect of this. Yes, Sergeant McCabe has pointed out the appalling litany of instances of his treatment. There is nothing worse in this country than being called a sexual abuser. It has to be soul-destroying for the individual or his or her family to put up with that.

I can confirm to the Ceann Comhairle and the House that the Government agreed in principle this morning to set up a tribunal of inquiry under the 1921 Act, with the terms of reference to be worked out and the details and the structure by which the central issue here can be addressed, that is, the determination of the truth and justice for everybody in respect of the central question as to whether there was an organised smear campaign against Sergeant McCabe by the senior Garda officers. The Government will work with the individual parties in respect of the terms of reference. I want to make it clear, however, there can be no bias or over-reliance upon anybody in the determination of how these terms of reference will be set out and the purpose for which they are intended.

I welcome the confirmation that there will be a tribunal of inquiry. The Taoiseach made the point that we must be very careful. I suggest to him that maybe we were all too careful in our response to this saga over the last number of years, particularly considering that the O'Higgins commission of investigation was conducted in an unacceptable manner. That said, I put it to the Taoiseach that the establishment of a tribunal of inquiry - it has not been established yet - is no basis for Ministers not coming into the House to answer questions and being accountable to it in regard to the Tusla file, which is over and above and additional to the protected disclosures issues that gave rise to the inquiry in the first instance. As the Taoiseach, the Minister for Health, the Minister for Justice and Equality and the Minister for Children, in particular, know, the Tusla file indicates an apology was to be given by a State agency to a citizen, namely, Mr. Maurice McCabe. Incredibly, his family was on the file. They were embroiled in it; it is appalling. It is very difficult to understand why that was not revealed to the Cabinet, that is, that a State agency is about to apologise to someone who at this stage is a major public figure in respect of very high-profile cases. There is an onus. This is an important Chamber in terms of accountability. This week, Ministers should come before the House to answer in regard to their responsibilities in this matter and to give straight, clear answers which may clear up a lot. There has been incoherence at the heart of the Government's response to the Tusla file, and that is to put it mildly. There is an opportunity this week in this House for Ministers to do what is normally done in Parliaments, that is, account in the House for their stewardship regarding a particular issue and enlighten the Deputies on whatever challenges and constraints they were operating under, or give explanations as to the lack of coherence in articulating their position on an issue that has given rise to major public interest and major public scandal.

I am before the House myself. I have said to the Deputy that the Cabinet has agreed in principle to hold a public inquiry under the Tribunals of Inquiry (Evidence) Act 1921. The Deputy mentioned the O'Higgins investigation. Without being too political about this, I understand one of the Deputy's own Members was a number of years ago allegedly given very important information that could have been germane to the report but chose not to give it for a period of three years. People should understand that, over the past period of time, the Government has tried to set up the independent inspectorate, to revamp and restructure GSOC after ten years and set up the completely independent Policing Authority because the perception of the Garda at higher levels over many years has not been what it should have been.

It will take some time to change that culture by the independence in appointment of the independent Policing Authority.

I want to make it clear, as the Minister, Deputy Zappone, pointed out, that when she informed me that she had spoken to the McCabes, the discussion that she had with them was about false allegations made to Tusla. She did not indicate to me any issue of the detail of the discussions she had with the McCabe family or, indeed, the existence or any content of a file that the Deputy mentioned. Obviously, this became very public knowledge on the relevant "Prime Time" programme. The Minister, Deputy Zappone, is very clear that the discussions she had with Sergeant McCabe were of a confidential nature, that she had to respect his privacy and that these things were not in the public domain at the time that she met with them.

I might say mea culpa, because I did say, and I am guilty here of not giving accurate information, I understood, from thinking myself that I had, that she had asked me about meeting Sergeant McCabe in the first place. It actually was her office that consulted with my officials, who told me. She is very clear that she did not tell me that she intended to meet Sergeant McCabe but she did tell her official to tell my office, so I regret that.

Oh dear.

Quiet.

"I said to her."

Who told her to take notes?

Ciúnas, please.

I regret that. That is the same information. I did not actually-----

Is that the best the Taoiseach can do?

Is that it?

Has the Taoiseach got his story straight yet?

Deputies, please.

She did not tell me herself that she was meeting Sergeant McCabe.

She did tell me before the Cabinet meeting last Tuesday that she had met with him and they had discussed allegations that were false in respect of those given to Tusla.