Dáil Éireann Debate, Tuesday - 16 January 2018
580. Deputy Mary Butler asked the Minister for Justice and Equality if there is precedence for statutory or independent inquiries within his Department that commenced even when a civil case was pending; and if he will make a statement on the matter. [1604/18]
View answer581. Deputy Mary Butler asked the Minister for Justice and Equality if there is precedence in his Department to commence inquiries into matters on a modular basis in cases in which a civil case is ongoing; and if he will make a statement on the matter. [1605/18]
View answerI propose to take Questions Nos. 580 and 581 together.
I understand, from conversations between my Department and the Deputy’s office, that the questions raised relate, in particular, to the proposed Commission of Investigation into circumstances surrounding offences committed by Bill Kenneally.
As the Deputy will be aware, a Commission of investigation is a statutory commission, established under the Commissions of Investigation Act 2004, to investigate a matter of public concern. Commissions of Investigation are set up by Government order and approved by both Houses. Terms of Reference are agreed which usually contain the likely duration and cost of the Commission.
In relation to this proposed Commission, the Government decided, in May 2017, to announce an intention to establish the Commission, once all outstanding legal matters were finalised. This decision was based on the legal advice received, which indicated that there could be severe delays if the Commission were to be established at that time. These delays, it was indicated, would be due to a number of outstanding legal matters, including ongoing investigations relating to further offences allegedly committed by Bill Kenneally, and a concern that evidence, adduced at the Commission, may impact upon future prosecutions. Mr Kenneally is also appealing against the severity of his sentence.
The Government decision of May 2017 to establish the Commission of Investigation, but defer the commencement of its work until the outstanding legal matters were resolved, was communicated to the solicitor for the individuals who had been seeking the Commission. This communication took place on the same day that the Government decision was made.
I can inform you that this Government remains focused on uncovering the truth of what happened in this case.
I have committed to working with the office of the Attorney General to identify a clear, workable, legally sound path to the establishment of a Commission. A meeting has been arranged between officials from the AGs office and my Department to identify a method to allow for the early establishment of the Commission, in such a way as not to prejudice the ongoing criminal investigations.
