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Seanad
‹ Order of Business

Garda whistleblower inquiry

Summary

Senators debate questions for Justice Secretary General Brian Purcell concerning the Garda whistleblower inquiry and related committee proceedings. Bacik confirms the committee’s right to ask questions and supports a debate on homelessness.

A few short weeks ago the Taoiseach came to this House to bring forward legislation on an inquiry, led by Mr. Justice Nial Fennelly, into Garda whistleblowers, the alleged bugging of the Garda Síochána Ombudsman Commission and the resignation, retirement or forced resignation of former Garda Commissioner, Mr. Martin Callinan. During that debate I suggested to the Taoiseach that he could simply have outlined to the House what he asked Mr. Brian Purcell, Secretary General of the Department of Justice and Equality, to say to the former Garda Commissioner. He knows what happened and he could have put the matter on the public record in this House. He refused to do so, and he refused again earlier this week on our national broadcaster. We are now left in a situation whereby the Joint Committee on Justice, Defence and Equality will meet this afternoon to discuss the Guerin report and the Secretary General of the Department of Justice and Equality will appear before that committee to answer questions on the report. We are led to understand Mr. Purcell will not be answering any questions relating to the conversation he had with the Taoiseach in advance of his visit to the former Garda Commissioner to ask him to resign, if that is what happened. In effect, the waters have been completely muddied. I put it to the Leader that Mr. Purcell is being put in an invidious position by the Government because he is being asked to go into a committee where every member, which I assume includes members on the Government side, will be asking him what occurred during his conversation with the Taoiseach in advance of his meeting with the former Commissioner. He will not be in a position to answer those questions. His position will probably then be untenable and he may have to tender his resignation at that stage, all because the Taoiseach will not tell us what he asked Mr. Purcell to say to the former Garda Commissioner.

This is an incredible situation. When the Taoiseach was in this House he promised us he would ensure we got to the bottom of the matter and that we would find out all the facts. In respect of the Fennelly report, the Taoiseach could have told the Seanad what he said but he has refused to do so. If what I suggest transpires, it will further undermine the authority of the Department of Justice and Equality, or certainly its Secretary General, and will have ramifications across the Department and those who administer justice in this country. This situation is being created by the Taoiseach and the Government. I put on record my absolute displeasure at this and my hope it is not the case. Has the Taoiseach, the Department of the Taoiseach or the new Minister for Justice and Equality instructed Mr. Purcell not to answer questions relating to the resignation of the former Garda Commissioner? Has he been told not to answer those questions later today? If the Leader has the answers to my questions, I ask him to tell us and, if he does not, to inquire into the matter.

I propose an amendment to the Order of Business to assist those on the Government side. The Leader has been trying for the past 14 months to get the Minister for Health, Deputy James Reilly, to come to the House to answer questions on medical cards and the removal of discretionary medical cards. I welcome the Leader's comments on his displeasure at what is happening. The Minister is blatantly refusing to come into this House and the only way we can get him to do so is by passing an amendment to the Order of Business on the matter. I am, therefore, proposing an amendment to the Order of Business that the Minister come to the House to discuss exactly what is happening and what form the review of the removal of discretionary medical cards is going to take.

Comment on this

The Leader will, of course, respond to Senator Darragh O'Brien's comments on the Secretary General of the Department of Justice and Equality but, as a member of the Joint Committee on Justice, Defence and Equality, before which the Secretary General, Mr. Purcell, will appear at 5 p.m., I advise the House that the committee has corresponded with Mr. Purcell to tell him it is reserving the right to ask any questions that are within its orders of reference and remit. That is absolutely proper and appropriate for an Oireachtas committee.

Comment on this

Is the Senator happy he will answer those questions?

Comment on this

Unfortunately, I cannot predict how the answers will go. Clearly it is within the right of any witness not to answer questions. We have seen it happen previously in Oireachtas committees that witnesses did not answer questions or did not answer them adequately. One cannot predict what answers will be given, but certainly the committee has expressly reserved that right.

I support the calls made yesterday by Senators Katherine Zappone, Aideen Hayden and others for a debate on homelessness. I am conscious that we will have a debate this afternoon with the Minister for Social Protection on the issue of rent supplement and the Youth Guarantee.

That is very welcome. The issues to do with rent supplement feed directly into policies on homelessness. I know the Leader has made every attempt to ensure we will have a debate on homelessness with the Minister of State, Deputy Jan O'Sullivan. I will do anything I can to assist in ensuring that debate will be held because it is a very important issue.

I ask for a debate on the issue of the implementation of the Electoral (Amendment) (Political Funding) Act which provides for a 30% quota or target of candidates of each gender for all political parties in the next general election. I ask this in the context of a very changed gender breakdown of councillors following the local elections. Yesterday I spoke about the defeats suffered by the Labour Party, but many Labour Party councillors and candidates were returned. In particular, women candidates and councillors appeared to fare better than men. The overall picture for the gender breakdown of councillors across all the local authorities shows a significantly improved situation for women. A total of 21% of councillors are women compared to only 16% after the 2009 election. There has been a significant increase in the number of women councillors. It has been estimated by Women for Election that this represents a 33% increase in the number of women councillors, given the reduction in the number of seats. The by-election results show that we have the highest representation ever of women in the Dáil, with 27 women, or 16.3%. This is very welcome. I ask the Leader for a debate on what this means for the implementation of the political funding legislation which was initiated in this House and which was passed with general support and which it is hoped will result in a great increase in the numbers of women candidates in the next general election. What we have learned from the local authority elections is that where there is an increase in women candidates this follows through to an increase in women who are elected. People will vote for women and every political party has an obligation to ensure it has a significant proportion of women candidates at the next election.

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