Opposition TDs walked out of the Dáil yesterday in a row over the ruling out of a debate on a motion setting up a commission of investigation into claims of Garda malpractice.
Ceann Comhairle Seán Barrett ruled earlier this week that the matter could not be debated because it was sub judice and would contravene Dáil standing orders.
Before the walkout, Taoiseach Enda Kenny said a ruling made by the Ceann Comhairle was not reversible.
“The Ceann Comhairle, in his utter independence, has made a ruling that a debate is not allowed,” he added.
The commission is to investigate allegations of malpractice in the Cavan-Monaghan division of An Garda Síochána and follows the findings of a report by Seán Guerin SC into claims made by whistleblower Maurice McCabe. Mr Guerin's report led to the resignation of Fine Gael TD Alan Shatter as minister for justice.
When the vote was called, TDs on the Opposition benches left the chamber and the motion automatically passed.
A note issued to TDs by Mr Barrett's office on Tuesday indicated that while the motion could be moved yesterday, there could be no debate as the matter was sub judice. This is understood to refer to a High Court action taken by Mr Shatter to overturn some of Mr Guerin's findings.
Taoiseach Enda Kenny told the Dáil Mr Shatter had sent a letter to the Ceann Comhairle on November 25th last in respect of the Guerin report and the proposed terms of reference for a commission of investigation.
He said his office had received a copy of it on December 8th with a covering letter from the firm of solicitors Gallagher Shatter. In the letter, they had required that the reference in the terms of reference to the minister for justice and equality be withdrawn.
Letter
Mr Kenny
said the Government had approved the terms of reference on November 19th. “The letter that came to me was not about this debate: it was about a request to remove the reference to the minister for justice and equality from the terms of reference,” he added. He said the terms of reference spoke for themselves and the reference was still included.
Fianna Fáil leader Micheál Martin said Mr Guerin had recommended the setting up of a commission of inquiry and the House was being told it could not debate, comment on or contribute in any shape or form on it.
He asked how the banking inquiry had been established, given his understanding there were criminal cases due regarding banking matters.
