As the Taoiseach is aware, my colleague, Deputy Kelly, has been raising questions of fundamental importance with the Minister for Justice and Equality over the past week. Deputy Micheál Martin and others put some of these queries to the Taoiseach yesterday on Leaders' Questions. It is unfortunate that the Minister failed to make clear in his responses to those parliamentary questions that neither he nor his predecessor had knowledge or were aware of the legal strategy being pursued by the former Garda Commissioner against Maurice McCabe. That the Taoiseach was able to do so yesterday when asked in this House and subsequently by the media shows it was possible to answer these questions. I cannot see any legitimate reason for the Minister not to have done so.

While clarity has been bought to that aspect of the situation we are still unclear as to the level of involvement or knowledge of the Department of Justice and Equality in the strategy. Yesterday, the Taoiseach said that the Department of Justice and Equality is a big place and that many different people are in it but that as things stand the Department has not been able to find any record of being informed before the fact of the legal strategy the former Commissioner was going to pursue.

I would like the Taoiseach to confirm whether he has spoken directly to the Secretary General of the Department on this matter. Is he satisfied at the absence of sufficient reassurance for him to confirm to the House that the Department was not aware of the strategy to go after Maurice McCabe? Yesterday, the Taoiseach said the Tánaiste "found out about it after the fact, but around the time it was in the public domain when everyone else knew about it as well".

This matter came into the public domain when it was reported on by Mick Clifford and Katie Hannon after the commission had reported in May 2016, which was a full year after the strategy to go after Maurice McCabe was set out by the commission. If we are to accept that the Tánaiste did not become aware of this until the matter came into the public domain, we must believe two things. This House is expected to believe either that the Department of Justice and Equality did not receive any contact from Garda management about this issue, even long after the strategy had been dropped, or that the Department actually had this information but sat on it for an entire year without informing the Tánaiste about it. Which is it?

Before I call the Taoiseach to respond, I wish to point out that Standing Orders are fairly explicit on matters that are the subject of court consideration or a judicial tribunal. Standing Orders provide that a matter shall not be raised in such a manner "that it appears to be an attempt by the Dáil to encroach on the functions of the Courts or a Judicial Tribunal". My predecessors have ruled on this issue and, in certain circumstances, have allowed questions on particular matters that were being examined by judicial tribunals. Such questions were allowed in a context where there was considered to be a public interest in having a limited engagement on certain matters, while having regard to the fact that we should not encroach on the activities and work of the tribunal. We need to be exceedingly careful not to undermine a tribunal that we have established.

I thank the Ceann Comhairle. I will bear his comments in mind in my remarks. I have spoken to the Tánaiste and the Minister for Justice and Equality. I have not spoken directly to the Secretary General of the Department of Justice and Equality. The information I have, which I believe, is that the Tánaiste had no hand, act or part in determining the legal strategy of the former Commissioner and had no prior knowledge of the legal strategy pursued by the former Commissioner. I am also informed by the Department of Justice and Equality that it was told about the approach taken by the Commissioner's senior counsel after the cross-examination had already taken place. As the Department was informed after the fact, it was certainly not in a position to express any reservations about the legal strategy. This issue has been going back and forth for a couple of days. I have seen newspaper articles on it. Letters have been exchanged. Parliamentary questions have been asked and answered. There have been many briefings to the effect that there is some explosive allegation here. I heard one briefing suggesting an allegation so explosive that it might bring down the Government. At this stage, if the Labour Party has an allegation to make, it should make it clearly in order that we might respond.

Hear, hear.

If it is not willing to do that, it should give any evidence it possesses to the tribunal.

On a point of order, a Cheann Comhairle-----

It is unusual, but I will hear it.

Having regard to the fact that the Deputy asking the question made specific reference to me, I ask the Ceann Comhairle for protection in this House. I will not have my good name and my professional reputation traduced by Deputy Kelly inside or outside the House.

Hear, hear.

My point of order is that if there are matters that are germane to the tribunal, that is the place for them. I ask Deputy Kelly to desist from engaging in a smear campaign against me both personally and professionally.

That is outrageous.

Deputy Kelly has not said anything in my hearing.

I hope the Ceann Comhairle is going to protect me.

We will try to protect everyone.

Deputy Kelly will take some minding.

Deputy Mattie McGrath would know about it.

I have been a Member of this House for some time. I recall a tribunal of inquiry finding that if people had answered questions here, it would have saved the State both millions and time. It is our job to ask straightforward questions and to hold Ministers to account. That is our job. I have no accusation to make against anybody. I just want the truth.

I have made it quite clear that I had no hand, act or part in this.

I believe-----

The Deputy repeated it earlier.

No-----

Yes, he did.

---quite the reverse.

I fully accepted the statement the Taoiseach finally made yesterday about the current Minister and his predecessor. I said that we now have clarity on that fact if the-----

The Deputy made it clear at the weekend.

The question concerns the state of knowledge of the-----

It did not suit Deputy Kelly's agenda.

How long is the Ceann Comhairle going to allow this?

It did not suit Deputy Kelly's agenda.

The Minister cannot continuously interrupt.

The question I am trying to pursue concerns the state of knowledge held by the Department of Justice and Equality. The Taoiseach told the House that the Department was aware of the strategy after the cross-examination of Sergeant McCabe. That took place in May 2015. The Taoiseach told the House yesterday that the Tánaiste was not aware of this until it came into the public domain, which was a full year later in May 2016. Just for clarity, is the Taoiseach telling the House that the strategy was kept from the Tánaiste, who was then Minister for Justice and Equality, for a full year by her officials?

I welcome the fact that Deputy Howlin has clarified that he is not making an allegation against anyone in this House. I accept the Labour Party's-----

Or anybody else outside this House.

I am very pleased to hear Deputy Howlin, the leader of the Labour Party, say that neither he nor the Labour Party is making allegations against anyone in or outside this House. That at least puts this story into perspective. No allegation is being made against anyone. The answer I have given Deputy Howlin is the one that has been given to me. I spoke to the Tánaiste who told me that she had no hand, act or part in this decision and that she was not aware of it until after the fact around the time it entered the public domain. The Department of Justice and Equality has told me that it was not made aware of it until after the fact. However, the Department is a big place; it is not a person. It is a body with hundreds of staff. Can I put my hand on my heart here and say that there is not one person somewhere who might have been told something by someone-----

What kind of answer is that?

I cannot give the House that answer but what I have been told is that the Department was not made aware of it until after the fact and the Tánaiste did not become aware of it until around the time it entered the public domain. I am answering Deputy Howlin's question as best I can. It is very difficult to answer questions for third parties or unnamed parties.

We will take it that everybody here acts in the best faith.

Absolutely. There is a tribunal here.

Can the Minister contain himself? I call on Deputy Eamon Ryan to bring some calm to proceedings.