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Dáil
‹ Leaders' Questions

Tribunal and McCabe inquiry

Summary

Gerry Adams argued a no-confidence motion was justified because of the Government’s handling of the McCabe affair and its refusal to broaden the inquiry. The exchange became highly partisan, with accusations traded over past conduct, but the Taoiseach insisted only a tribunal could fairly establish the truth.

The Taoiseach will know that Sinn Féin has tabled a motion of no confidence in the Government. If he wants to know why, he should reflect on his mea culpa of a moment ago. His little deal with the Fianna Fáil leader may delay that necessary development. It will also delay the search for truth by Maurice McCabe. The tipping point for Sinn Féin was the way that the Government dealt with the campaign of vilification, smears and false accusations against Garda Sergeant McCabe. That is a campaign that the Garda Commissioner now acknowledges, although she says that she did not know it was happening at the time it was happening.

This is not the time to go into the twists and turns, lies and spin of this long episode, but it is remarkable that Maurice McCabe, his wife, Lorraine, and their family have survived it all. That is obviously because of their resilience, bravery and commitment to each other and the need for the highest standards in public life, including in An Garda Síochána.

There are two issues - allegations of a criminal conspiracy by senior gardaí and the enabling of that by the Government. This series of scandals began when Maurice McCabe raised concerns about corrupt practices in the hierarchy of An Garda Síochána in 2008 and then publicly when he and Garda John Wilson did so in 2012. They were smeared, bullied and undermined. So were Teachtaí who raised concerns in this Chamber.

Then there was the Taoiseach's role in the retirement of Commissioner Martin Callinan, the resignation of the confidential Garda recipient, the resignation of the Minister, Alan Shatter, and the transfer of the Secretary General of the Department of Justice and Equality. It goes on and on. Eight years of public defamation and State vilification of Sergeant McCabe and his family.

What of the concerns of the other whistleblowers? Last week, the Government proved itself once again to be incompetent, incohesive and without any authority to govern except that gifted to it by the Fianna Fáil leader. Citizens deserve a 21st-century, accountable policing service. So do members of An Garda Síochána. The Government is not capable of establishing that. The Taoiseach and the Fianna Fáil leader in their choreographed, staged little exchanges of a moment ago may laud the merits of the public inquiry that the Taoiseach has just belatedly announced, but the credit for that public inquiry is entirely Maurice and Lorraine McCabe's.

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Deputies

Hear, hear.

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It should not proceed without their full agreement.

While the Government remains in office there will be no truth. There will be no justice for Maurice McCabe and no resolution of the wider issues underpinning this shameful episode. A criminal investigation is needed. Last week the Government rejected a Sinn Féin amendment to the terms of reference of its ill-fated commission. The amendment would have allowed investigation of contacts between members of An Garda Síochána, members of the Government, former members of the Government, Members of the Oireachtas and other State agencies relevant to the allegations made against Sergeant McCabe. The Taoiseach blocked that. Why was that blocked by you, Taoiseach, and the Tánaiste and Minister for Justice and Equality?

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Enda Kenny The Taoiseach Fine Gael

You are an absolute hypocrite-----

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Deputies

Hear, hear.

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Enda Kenny The Taoiseach Fine Gael

-----after what you did and what you said to former Senator Máiría Cahill.

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Deputies

Hear, hear.

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Enda Kenny The Taoiseach Fine Gael

And what you did and did not do in respect of safe houses, including on this side of the Border, where sexual abuse was conducted on young men by members of your organisation.

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And Jerry McCabe.

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Enda Kenny The Taoiseach Fine Gael

You are an absolute hypocrite.

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You have brought shame to your office again.

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Enda Kenny The Taoiseach Fine Gael

Let me tell you something, Deputy Adams. If you want to play politics with an issue that is so sensitive and so personal that it goes to the very heart of the public soul of Ireland then do so, but I do not agree with you because four days after this Minister got two protected disclosures about these very serious issues, she sent that to an eminent judge to examine them. He carried out his analysis and said he could not determine the truth here and that what the Tánaiste needed to do was set up a commission of investigation. The Government followed his recommendation to the letter in respect of the terms of reference and the way that it should be conducted. It is, Deputy Adams, not about running away but about facing the issue here-----

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Enda Kenny The Taoiseach Fine Gael

-----which is to determine the truth as to whether there was a deliberate smear campaign against Sergeant McCabe and his family by senior members of the Garda.

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There was and the Taoiseach knows it.

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Enda Kenny The Taoiseach Fine Gael

Here is the issue. Deputy Adams has never gone through this because he ran away each time it was raised.

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Deputies

Hear, hear.

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In his kangaroo court.

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He wants to convict before he hears the evidence.

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Shoot first ask questions later.

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Enda Kenny The Taoiseach Fine Gael

When one sets out to have a tribunal of inquiry under the 1921 Act, one cannot show any bias to anybody in the setting up of the terms of reference. One cannot determine the outcome of the inquiry before it ever begins. I understand the difficulties, stress and pressure this has caused for the McCabe family. There is nothing worse in this country than being called a sexual abuser, but everybody has a presumption of innocence-----

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Who is the hypocrite now?

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Enda Kenny The Taoiseach Fine Gael

-----and there are two people here who vehemently deny that they were guilty of any smear campaign against Sergeant McCabe. That is why the Cabinet in its wisdom today has decided to have a tribunal of inquiry, under the 1921 Act-----

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It is a disgrace.

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Enda Kenny The Taoiseach Fine Gael

-----which will be fair to everybody and which will be drawn up with terms of reference that will include all of these relevant issues to get at that central question of whether there was or not a smear campaign against Sergeant McCabe.

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Shame on you, Taoiseach. It is a disgrace. You should resign.

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Ask Máiría Cahill what you did.

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Enda Kenny The Taoiseach Fine Gael

It is utterly hypocritical of Deputy Adams to come into this House after what he did and said about Senator Cahill and young men on this side of the Border who were abused in safe houses by members of his organisation.

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You are a disgrace.

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Enda Kenny The Taoiseach Fine Gael

This Government will set up the facility, together with Members of the House, so that central question can be answered.

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Well Taoiseach, I am not going to rise to your bluster-----

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Deputies

Hear, hear.

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-----to your diversions, to your distractions-----

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What about your kangaroo court?

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The fact is, Taoiseach, it was on your watch that all of these malicious accusations, allegations and malpractice happened. Every single proposition put forward by Sinn Féin to the Taoiseach to deal with it, to "Pattenise" the process, to radically reform An Garda Síochána and to have transparency was dismissed. Aithníonn ciaróg ciaróg eile. Let me ask the Taoiseach the question again which he refused once again to answer. Why did he block the amendment to allow the investigation of contact between members of An Garda Síochána with members of the Government, former members, Members of the Oireachtas and other State agencies relevant to the allegations made against Sergeant Maurice McCabe? The Taoiseach can say what he wants about me but he would have much more credibility if he answered that straightforward simple question.

The Taoiseach should tell the Dáil when he was briefed about the false child abuse allegations made against Sergeant McCabe. He should stand up now and tell the Dáil when he was briefed about that and who briefed him.

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A bit of truth - Paddy wants to know.

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The Taoiseach will stagger on. His Government's sole achievement has been to completely undermine public confidence in his ability and that of the Government. He is now a major obstacle to a satisfactory resolution of this crisis and other matters of public concern. Sinn Féin will not put up with that. Fianna Fáil might prop up an arrangement that has delivered nothing but perpetual crisis. Will the Taoiseach answer those two questions and then have the grace to call an election?

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Enda Kenny The Taoiseach Fine Gael

On Sinn Féin's instructions, the Northern Ireland Executive was collapsed to cause chaos. There is no leadership there now. Does Deputy Adams want to do the same thing down here? Sinn Féin has tabled a motion of no confidence in the Government simply because it wants to cause chaos down here as well. Allegations, rumour and hearsay do not count in our dictionary here but truth does. Sergeant Maurice McCabe and his family deserve, as do others, the fairness and justice that will come from a tribunal of inquiry under the 1921 Act. Deputy Adams should not come in here and try to determine what the outcome of that might be before it is even set up. We have had all of Sinn Féin's stuff over the years - run away and deny everything. Sinn Féin's deputy leader says "sure Gerry couldn't be wrong". That is the way it is. When our Tánaiste received these two protected disclosures, they were given to a judge within four days and the judge took an extra six weeks to examine them. The important point made by Deputy Micheál Martin and others, including myself, is that the central issue here is that Sergeant McCabe has made the case that there was a deliberate smear against him to denigrate and do him down. The only way we can deal with that is by getting at the truth. The way you can determine that truth is by having compellability, cross-examination, publication and everybody understanding what went on here so that the central question can be answered. What Deputy Adams wants to do is bring down the Government so that this cannot happen. It is the same old story from Sinn Féin. This is a very sensitive personal issue for this family. It is also an issue for the Garda Commissioner and the previous Commissioner. This is why there must be fairness and a recognition of innocence until proven otherwise. Under our legal system, we do not jump to conclusions or have kangaroo courts as happens in some other places.

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