Guerin inquiry terms of reference
Senator O’Donovan questions whether the Seanad was misled about the terms of reference for the Guerin commission of inquiry and seeks an urgent appearance by the Justice Minister. He formally presses an amendment requesting that debate.
I raise an issue that goes to the heart and fundamental cornerstone of the Oireachtas and of democracy. Last week the House acquiesced in and agreed to the setting up of a commission of inquiry into the Guerin report. We did this in good faith, but subsequently some startling revelations have come to light, mainly from the other House, that are troubling. If there is truth in these revelations, then we were led up a blind alley and we were misled. This issue is central to democracy. If this commission of inquiry is to be transparent, fair and objective, correspondence from the former Minister to the Ceann Comhairle and correspondence from his firm of solicitors to the Ceann Comhairle, must be made available. It has come to light today that the terms of reference of the inquiry were sent to a key player, namely, a former Minister, now Deputy Shatter, to review, add to, amend or delete those terms of reference. This is to protect the back of a particular Deputy.
Comment on this
I have been a member of the Oireachtas for almost 20 years. The key issue is that if we were misled by agreeing to terms of reference that are tainted, then the matter will not end here. I warn this Chamber that we are going down a road that will end up in the courts, and I certainly want a debate. The Minister for Justice and Equality, Deputy Frances Fitzgerald, should be invited to the House. This is a very serious issue which goes to the heart of our justice system and our democracy and the make-up of the Oireachtas. Both Houses are working in tandem. I ask that the Minister, Deputy Frances Fitzgerald, come to the House today to answer these queries. Perhaps she can allay my fears, but if there is any element of truth in them we have been misled in this House and the commission of inquiry that is being set up will end up going nowhere. Let us be fair about this.
Comment on this
The terms of reference cannot be dictated by a former Minister for Justice and Equality. That is an appalling breach of etiquette in this House and an appalling breach of democracy, and it goes to the cornerstone of what we stand for.
Comment on this
I am proposing an amendment that the Minister come to the House as a matter of urgency today to set out where we stand in regard to this issue. Otherwise, this will be challenged, and I will not stand over a situation in which we calmly and in good faith acquiesce to the terms of reference and are not told the full truth in this House.
Comment on this
I propose that the Minister for Justice and Equality, Deputy Frances Fitzgerald, come before the House today to explain the circumstances that have emerged since we agreed to the terms of reference last week, which I think are appalling, and whether there is any truth to them.