Enda Kenny rejects Alan Shatter could stifle debate or alter probe
Mr Kenny faced criticism yesterday after it emerged Fine Gael TD Mr Shatter and his lawyers contacted him several times to try and change the terms of the O’Higgins inquiry.
The revelation came after Ceann Comhairle Sean Barrett was forced to withdraw comments about opposition parties during a row over the cancelled debate.
Mr Barrett was facing threats of a motion of no-confidence from the opposition after he cancelled the Dáil debate last week and later alleged on radio that opposition parties were out to “get him”.
In an unprecedented move, Mr Barrett yesterday made a statement and agreed the Dáil rules on disallowing debates should be discussed at a later date, privately, by all sides in an Oireachtas committee. He said he never came under pressure in deciding to disallow the debate.
He also retracted his controversial claim the parties were out to undermine him.
“On reflection, I accept that this is not the case and I am happy to withdraw the comments I made on the [radio] programme.”
The retraction came after a tense 24 hours for Mr Barrett, who was earlier forced to hold private talks with opposition leaders in a bid to defuse the row.
While the opposition leaders welcomed the retraction, the parties then sought more answers as to why pressure was put on Mr Barrett originally by Mr Shatter to disallow the debate.
Mr Shatter is currently taking legal action to overturn a report which led to his resignation last year and the O’Higgins Inquiry being set up.
Fianna Fáil leader Micheál Martin, said it had now been shown that Mr Shatter had “persisted in trying to influence” the terms of inquiry and stifle debate.
Mr Kenny confirmed Mr Shatter’s lawyers had sought a number of times to have his identity excluded from the terms, but the Taoiseach’s officials had written back rejecting the request.
Sinn Féin leader Gerry Adams questioned why Mr Kenny last week had not revealed the letters and pressure applied by his TD to shut down the debate and change the terms of the inquiry.
However, Mr Kenny said his party deputy did not have the power to influence the inquiry’s terms and he had not discussed the matter personally with his former minister.
The discussion comes after a six-day stand off between Mr Barrett and the main opposition parties after he cited standing orders in deciding to disallow debate on the O’Higgins inquiry.
Former justice minister Alan Shatter warned Ceann Comhairle Sean Barrett by letter that including his identity in an inquiry’s terms would be “a dangerous encroachment” by the Dáil on the courts.
Correspondence sheds light on the pressure the Fine Gael TD applied to block a Dáil debate, as well as alter the terms of the inquiry into allegations of garda malpractice in the Cavan/Monaghan division.
In a series of letters to Mr Barrett from November and up to the last week, Mr Shatter and his lawyers tried to have the terms for the inquiry relating to him deleted.
Mr Shatter is taking a High Court challenge against findings made by barrister Sean Guerin. His damning report last year culminated in Mr Shatter’s resignation, and the subsequent inquiry, which was officially set up by the Cabinet yesterday. Lawyers argue that Mr Guerin violated Mr Shatter’s constitutional rights.
“In essence, it is our client’s contention that the observations and conclusions that relate to him in Mr Guerin’s report were reached without Mr Guerin following basic fair procedures and in violation of our client’s rights,” one letter said.
The lawyers asked that the paragraph relating to the ‘Minister for Justice’, which was Mr Shatter’s role, be ruled out of order as it may “prejudice the outcome of his proceedings” in the courts.
Mr Shatter’s lawyers said that if the courts found he was not treated fairly by Mr Guerin, that the barrister’s adverse findings against the former minister would have to be deleted.
The lawyers also told Mr Barrett they had written twice to the Taoiseach about the issue and that Mr Kenny responded that the matter about Dáil rules was for the Ceann Comhairle himself to decide. The lawyers told Mr Barrett that he had an “important protective function” in relation to the separation of powers and Mr Shatter’s right to fair procedures. He was “obliged” to rule out of order the paragraph referring to Mr Shatter, it was added.
Despite the concerns raised, Mr Barrett said that he could not change the inquiry’s terms. But he said the debate would be disallowed as, under Dáil rules, it could “encroach” on court functions.
Mr Shatter, on the day the debate was cancelled last Wednesday, wrote to again appeal for the order of the terms of the inquiry to be changed.
“This is a matter of relevance to how the Dáil conducts its business in the future and your ruling will be used as a precedent by your successors as Ceann Comhairle.”
Mr Shatter wrote that he wanted Mr Barrett to rule the motion to establish the inquiry as “out of order”. He wanted it to be declared a “constitutionally impermissible interference” and encroachment on the courts.
Mr Barrett yesterday denied he had been influenced in any way in deciding to cancel last week’s Dáil debate on the setting up of the inquiry.
