First of all let me say for the benefit of the Deputy that the Disclosures Tribunal was appointed following the passing of Resolutions by this House and Seanad Éireann on 16 February 2017. Those resolutions require the Tribunal to report to the Clerk of Dáil Éireann with its findings and recommendations. Therefore, I do not propose to say or do anything which could be interpreted as impinging on its independence.
Furthermore, I would also remind the House that the sole member, Mr Justice Peter Charleton, has indicated that the Tribunal has issued orders for the discovery of documents and other records. In those circumstances, it is incumbent on anyone who is a party before the Tribunal to cooperate fully with it.
The Garda Commissioner has statutory responsibility to carry on and manage and control generally the administration and business of An Garda Síochána. Accordingly, the putting in place of internal structures to service the Tribunal is a matter for the Commissioner and I, as Minister, have no direct role in the matter. Similarly, the selection of personnel to support those structures is a matter for the Commissioner. I do not believe that it would be proper for me as Minister to prescribe the approach which is taken by An Garda Síochána towards the Tribunal. I would be open to criticism if I were to seek to influence how An Garda Síochána fulfil their duties to the Tribunal. On this point, I would say that matters relating to representation before the Tribunal will ultimately be decided by the Tribunal itself. In light of these factors it would not be appropriate to comment on the arrangements which have been made by An Garda Síochána or, indeed, any other parties in relation to their engagement with the Tribunal.
On a general note I would like to reiterate that the Government has, rightly, been anxious to ensure that the Disclosures Tribunal receives the greatest degree of assistance possible from all parties, not least An Garda Síochána. It has been supportive of the Commissioner in ensuring that she has the resources at her disposal to service the Tribunal in a timely and effective manner, so that it in turn may proceed with and complete its work without delay. I am advised that the services of two former members of An Garda Síochána (a former Chief Superintendent and a former Assistant Commissioner) have been engaged for a period of six months to 31 August 2017. My Department was not consulted nor should it have been in relation to the selection of the particular individuals concerned.
The work of the two retired members supports the Disclosure Tribunal Co-Ordination Office based in Garda Headquarters which is staffed by one full-time member, seconded temporarily from the Office of Corporate Communications. A number of additional personnel are facilitating the work of this office on an ad hoc basis as requirements dictate. I am further informed that liaison persons have been nominated from relevant sections/Regions to deal with specific requests from the Tribunal.
It should be understood that the provision of these additional resources is to ensure that An Garda Síochána as an organisation is able to cooperate with the Tribunal to the fullest extent, without unduly affecting the ability of the organisation to continue to carry out its normal vital work. That said, there is nothing in the arrangements put in place by the Commissioner to prevent, nor could they, the right of any individual member of An Garda Síochána to make any representations they see fit, relevant to its terms of reference, to the Tribunal.
Finally, as the Deputy will be aware, the Tribunal has commenced public hearings and I repeat that it is important that everyone should allow the Tribunal to get on, unimpeded, with the very important work with which it has been tasked.
