Thursday’s Dáil thrown into chaos after row over motion to remove Guerin report



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The business of the Dáil for Thursday was thrown into chaos after a row about the removal from the Oireachtas record of a controversial report that led to the resignation in 2014 of then minister for justice Alan Shatter.

The motion was tabled to be taken on Thursday without debate to remove from the Oireachtas library the report by barrister Sean Guerin which criticized Mr Shatter’s handling of allegations by Garda whistleblower Maurice McCabe into Garda misconduct.

The report was to be removed in light of a Supreme Court judgment last year, which upheld earlier judgments that Mr Shatter had handled the allegations correctly.

But Sinn Féin party whip Aengus Ó Snodaigh raised concerns that it was unprecedented to remove the report in this manner and called for the debate to be deferred for full discussion at a later date.

He said, “this is a brand new procedure and we should be very, very careful”.

He also said that the report’s removal had to also be approved by the Seanad which could not do so until a new government is formed.

Fianna Fáil, Labor and the Social Democrats and a number of Independents supported Sinn Féin’s approach.

Former Labor leader Brendan Howlin said people were taken by surprise that the issue was on the order paper.

I have told the Dáil that in legal advice, “one lawyer suggested you can no more unlay a report than a hen can unlay an egg”.

Ceann Comhairle Sean Ó Fearghaíl said however that the legal advice was that they could do this, that this process was legitimate and “safe to proceed”.

Fine Gael whip Peter Burke said it was “very important as members of the House that we do not deny natural justice to any former member”. Mr Burke said it was clear that the report should be withdrawn.

Minister for Justice Charlie Flanagan said the motion should proceed: “What is being proposed is in order is legal, is in compliance with standing orders.”

The House voted by 32 votes to 10 against proceeding with Thursday’s business, which included the motion on the report.

Mr Flanagan said the vote was a “very poor reflection on our parliamentary process and the business committee needs to have a look at itself”.

The Ceann Comhairle said that Sinn Féin was the only party at the business committee meeting to object to the proposal. I added that the committee will meet on Wednesday afternoon to consider Thursday’s Dáil agenda.

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