At the outset I thank my colleagues in the Labour Party for facilitating us in this matter.
I have many problems with Deputy Gildea's behaviour but I will confine my remarks to two aspects. The first point I wish to make relates to privilege. There is absolute privilege for all of us in relation to remarks made in this House. That privilege goes to the heart of our democratic system and indeed is a feature of genuine democracies all over the world, but with it is an obligation to be absolutely accurate and honest in everything we say. Privilege is one side of the coin, the obligation to be absolutely accurate and honest is the other side. We cannot have one without the other.
We move this motion of censure because the traditions of the House require that when a slur of this nature is made, a technical apology is not enough. What is required of Deputy Gildea is that he specifically accepts and states that Deputy Owen, as Minister for Justice or otherwise, never received payment from CMI and never got involved in operationally directing the activities of the Garda Síochána in Donegal or elsewhere, and that he never had any basis for the outrageous, unfounded allegations he made about her in this House last week.
I particularly regret the failure of the Government to support this motion of censure. I also regret its failure to persuade Deputy Gildea to make the appropriate personal statement. For four and a half years, the Government has been able to get the Deputy to do its will. No doubt his support has cost it or, to put it more accurately, it has been at some cost to the taxpayer. By failing to persuade him on this occasion, the Government is implicitly supporting Deputy Gildea in his blatant breach of one of the fundamental codes of behaviour of this House. I regret this failure and regret that Fianna Fáil and the Progressive Democrats should be complicit in Deputy Gildea's slur on the holder of one of the most sensitive Ministries in our system.
There is another dimension that relates to parties outside the House. A letter has been sent to the Ceann Comhairle, a copy of which was circulated to me, and I wish to quote from that letter. The gentleman writing the letter is Mr. Raymond P. Doyle. I do not intend to quote the letter in full but I will quote some relevant parts of it.
I write to you as my only means of redress for a grave wrong and injury perpetrated on me by a member of the Oireachtas who, in so doing, shamelessly and with total disregard for the unfair limitations imposed on ordinary members of the public to protect themselves against such unfair attacks, abused the privilege of the Houses of the Oireachtas.
I refer to the unfounded and unsubstantiated allegations made in the Dail on Wednesday last by Tom Gildea, T.D., against Cable Management Ireland Ltd. and, by direct implication, myself as Chief Executive of the company up to the time of its acquisition two years ago. I can offer you absolute assurances that neither I nor the company nor anyone representing the company offered, or paid, any inducement to Deputy Nora Owen at any stage. Neither was any such inducement offered or paid to any other politician and it is shocking and reckless in the extreme for such allegations to be made by Deputy Gildea, especially in circumstances where I do not enjoy the rights conferred by privilege of the Oireachtas on him.
It is a matter for politicians to consider how such abuse of the rules of procedure and privilege devalues politics in general among an increasingly sceptical public but you will understand that my over-riding concern is that my good name and reputation should be irreparably damaged in a manner that allows me no form of fair or proper redress.
The fact that Deputy Gildea has offered his apology to Mrs. Owen and her Party for any hurt caused is of little comfort to me and to the many fine people who held positions of responsibility in the Board and management of Cable Management Ireland Ltd.
This is a scandalous and entirely unacceptable situation and I feel strongly that it makes the case for removal of this privilege so that members of the public, such as myself, can take appropriate action through legal procedures open to one and all at every level.
Mr. Doyle goes on to make a series of allegations about issues in Donegal related to the MMDS system and the participation of Deputy Gildea and his supporters in such activities. He goes on to say then that he, in a public place, recently has been made the subject of remarks which held him up to ridicule and which damaged his good name. I take the point made by Mr. Doyle.
There is a major issue also for persons outside the House who are abused under privilege. We are seeking to redress the damage done to our colleague, Deputy Owen, by taking this extreme move of moving a motion of censure on Deputy Gildea. There are also issues for persons outside the House which we cannot remediate here but, in the first instance, the Ceann Comhairle and, in the second instance, the Government of the day have an obligation to vindicate the good name of persons outside the House.
I wish to make a second point in relation to Deputy Gildea's contribution last week. One of the principal results of Deputy Gildea's unwise intervention was to move the focus away from the McBrearty case and I cannot help asking if that was the intention of Deputy Gildea's statement last week. The Deputy's activities are, of course, a matter for himself and his constituents but his contribution to the debate last week was extraordinary. He is not a Deputy who contributes at length to debates in this House and the fact that he intervened last week in such a forceful way was particularly unusual. Anybody reading the reports of what happened in this House last week could come to the conclusion that we had not discussed what is potentially one of the most serious set of allegations ever made against the Garda Síochána anywhere in this country.
When the Government gets the support of four Deputies in this House it has an obligation to the behaviour of those Deputies. They should take Deputy Gildea aside again and ensure that he makes an appropriate statement in the course of this debate tonight.
The principal issue from which the focus was removed last week is an issue which we regard with serious concern on this side of the House. Our concern was reinforced by the affidavits sworn by the McBrearty family and heard in the High Court on Friday last. Nothing whatsoever has been done since to allay the concerns that were expressed so eloquently by all the Deputies on the Opposition benches who spoke last week. We regard this as an extraordinarily serious issue. It has been overshadowed by the internal difficulties that have been caused by Deputy Gildea's allegations. The man who sat on his hands last week, the present incumbent of that high office as Minister for Justice, Equality and Law Reform, has an obligation to deal with the McBrearty affair. Allegations against the Garda Síochána, or against any police force in any democracy in the world, which are not cleared up at the first available opportunity are like rust or acid – they eat away public trust in the Garda Síochána. Once one's trust in a police force goes, the public no longer have full confidence in it and we have a crisis on our hands.
The Minister for Justice, Equality and Law Reform, for reasons he has not explained to the House, was extraordinarily tardy. He knew, or should have known, that a request for an exhumation order had been lodged in his Department as far back as September 1997. He must have known that this request was subsequently withdrawn at the request of the Garda Síochána. He must tell us why he did not ask the reason this was done or, if he did ask, the reply he got. He must have known that a file was sent from the Garda Síochána to the Director of Public Prosecutions and that its recommendation on that file was that the fact of murder could not be established and consequently that there was no case. He must have known this fact as far back as late 1997, four years ago. He must have known that the Director of Public Prosecutions, having examined the file, reaffirmed that there was no case, sometime in the course of 1998, three years ago. Why did this continue for so long until the eventual exhumation took place and the State pathologist said the injuries were consistent with a hit-and-run accident, not with the allegations made in statements, which now appear to be totally fraudulent, that the unfortunate individual was beaten to death?
These are serious allegations for the Minister to consider. This debate was totally blown out of the consciousness of the House and that of members of the public last week by Deputy Gildea's intervention. I do not want to spend three hours, tonight and tomorrow night, dealing with him. It is the intention of my party to get back to the substantive issue and ask the Minister for Justice, Equality and Law Reform what he intends to do about the behaviour of certain gardaí in County Donegal.
I am not doing this out of a lack of support for the Garda. I am proud of the force. As Minister for Justice, I saw what it had to endure in certain circumstances. We have a great Garda force, but unless public confidence is re-established and all these allegations are dealt with, we will have a serious problem.