The programme "Whistleblower" was broadcast last night on RTÉ television. It illustrated again in some detail the horrific treatment of Maurice McCabe for daring to speak out about Garda malpractice in the Cavan Monaghan division. We are agreed that Maurice is a good and honourable man of incredible strength. He, his wife, Lorraine, and their family deserve not only our support and solidarity but also our gratitude. For daring to speak out and for putting his head above the parapet, Maurice was smeared and bullied by fellow members of An Garda Síochána. He was the subject of the most despicable type of character assassination imaginable. That is a fact. The Charleton tribunal found that Maurice was "repulsively denigrated" for being nothing more than a good citizen and police officer. The tribunal also established that the then Garda Commissioner, Martin Callinan, undertook a most disgraceful attack on Maurice, aided and abetted by his press officer, Dave Taylor.

Against that backdrop, Maurice McCabe is justifiably pursuing legal action against the State and Martin Callinan. However, it has emerged in recent days that the State will pay Mr. Callinan's legal fees, using taxpayer's money, which is outrageous. Martin Callinan is a man who went around telling people falsely and without foundation that Maurice McCabe was a child sex abuser who should not be trusted.

At the weekend the Taoiseach stated: "As a former State employee who is being sued in the course of his work it is the norm for the State to offer representation...". However, I put it to the Taoiseach that this is not a normal case. Mr. Callinan has, of course, every right to defend himself in court but in this case, which is being taken by the person he repulsively denigrated, he should not get one red cent of State money. Setting out to destroy Maurice McCabe was his doing and he should face the consequences of his actions. The reputation of An Garda Síochána, as we all know, was deeply damaged by this episode. For the State to now come to Mr. Callinan's aid by way of providing for his legal fees is simply not acceptable.

The decision taken by the acting Commissioner, Mr. Ó Cualáin, to recommend, under the Garda Síochána Act, that a defence be funded by the State was a decision taken before the tribunal had concluded and before it had found so heavily against Martin Callinan.

The State has already failed Maurice McCabe on numerous occasions and now it looks set to support the individual who went to extraordinary lengths to destroy his character. I want the Taoiseach to state categorically here this afternoon that this will not be the case. I want him to ensure that Mr. Callinan funds his own legal defence.

First, once again, I want to take this opportunity to acknowledge Maurice McCabe, the enormous service he has done to this country and his honesty and decency. As I said in the past, I believe he is a distinguished member of the Garda and a good example of the kind of person we want to have in our police force.

When it comes to what we do next, I believe the most important thing is that we do right by Maurice McCabe and his wife, Lorraine, even if that is coming rather late in the day. Some people will have seen the programme on RTE television last night and for many people who have not met Maurice McCabe and do not know him this may have been the first time they had a chance to hear his voice and understand what he, his wife and family went through for nearly a decade merely for telling the truth and merely for having the courage to expose and stand up to wrongdoing and malfeasance in the organisation, for which he worked, and how he was treated not just in some cases by senior people in the Garda but also by his peers. It is really sad to see that in our public service, when somebody in a public service position points out what is wrong and their own peers, instead of supporting them, turn on them. That was really sad to see.

The Deputy is correct to say that this is not a normal case. It is not. The decision to offer State representation to the former Commissioner, Mr. Callinan, was made in July. That was prior to the report of the disclosures tribunal and was done in accordance with section 48 of the Garda Síochána Act. We now have a tribunal of inquiry established by this House and that tribunal of inquiry has made findings. That allows us to review the position, and the position is being reviewed at the moment.

It is important to say that the fact the State is offering and providing legal representation to the former Commissioner, Mr. Callinan, does not mean the State will pay for the defence or even necessarily that there will be a defence. I would like to see this case settled, and I hope it can be settled to the satisfaction of Maurice and Lorraine McCabe sooner rather than later. I have also asked the Attorney General to advise the Government and to give us legal advice on whether we would be in a position to pursue both the former Commissioner, Mr. Callinan, and also Mr. Taylor for a contribution to any damages that may be paid. The Deputy will also be aware that it is open to Mr. Justice Charleton, as head of the tribunal, to pursue a similar process in respect of tribunal costs should he feel those witnesses, or any witnesses, did not fully co-operate with the tribunal.

I thank the Taoiseach for that answer. I very much hope we can get clarity and finality on these matters.

We are agreed that this is not a normal case. In fact, it is exceptional. We are agreed that Charleton found against Martin Callinan and that the tribunal's report has been accepted by the State. We are also agreed that it would be a contradiction in terms unthinkable for the State, on Mr. Callinan’s behalf, to enter any form of defence. That simply would not make any sense at all.

The Taoiseach said this matter is being reviewed, which I welcome. When will we have the outcome of that review? When will we know for certain that not a red cent of taxpayers’ money will be used to defend Mr. Callinan? If this case is settled - I agree with the Taoiseach that it ought to be and speedily - will Mr. Callinan and others be pursued for costs?

Until we receive the legal advice from the Attorney General and others, I cannot answer the question. I would like to be able to answer it as soon as possible. I do not want to have the Government take action without knowing what we can do legally. We do not want to find ourselves costing the taxpayer even more money by making a decision that might appear to be the right one but without having done the correct analysis first.

The Minister for Justice and Equality met Sergeant McCabe and his wife to apologise in person on behalf of the State for the manner in which he was treated. The new Garda Commissioner, Drew Harris, has done the same.

In accordance with section 48 of the Garda Síochána Act 2005, the Minister, on the recommendation of the then Garda Commissioner, approved to grant State representation to Mr. Callinan for the purpose of that case. That was done in July before the tribunal reported. He, along with all other parties in that action, is currently represented by the Chief State Solicitor's office. It is important to say on the record of the Dáil that State representation does not constitute an undertaking or a grant of indemnity. That has never been granted. Nor does the granting of representation imply that the case is going to be defended. It just means that the party is legally represented.