‘Nothing stopping Kenny’ saying if Fennelly recalled him

Fianna Fáil leader Micheál Martin has insisted there is nothing legally to prevent the Taoiseach saying whether he was recalled to give evidence to the Fennelly commission.

Mr Justice Nial Fennelly is heading up the inquiry into the secret taping of phone calls at Garda stations and is also due to provide an interim report on the resignation of Garda commissioner Martin Callinan in March 2014. The report into the resignation of Mr Callinan can now be published following the conclusion of Ian Bailey’s High Court action on Monday.

Mr Martin said in the Dáil on Tuesday there should not be “a big deal’’ about whether Enda Kenny was called back by the commission a second time.

“I find it very difficult to explain why you simply refuse to confirm that,’’ he added.

“There is no law which says you cannot say whether you attended the commission or not.’’

Mr Martin asked: “Can you confirm whether you were called back for a second interview by the commission and can you indicate why you believe you would be breaking the law to confirm that basic issue ?”

Mr Kenny said he had complied fully with his responsibilities on the matter.

“I was called before the commission of investigation and I responded to that,’’ he added.

“I took the view the law says clearly that it is an offence to make any comment about any evidence before the commission and I took that view quite literally.’’

Mr Kenny said he would publish the commission’s report when it was furnished to him.

He said Mr Justice Fennelly had an exemplary record and it was a matter for him as to how he conducted his investigation and he was not subject to pressure from anybody.

Mr Callinan resigned the morning after he was visited at his home by Brian Purcell, then secretary general of the Department of Justice.

Mr Kenny, Attorney General Máire Whelan and Martin Fraser, secretary general at the Department of the Taoiseach, are reported to have been called back by the Fennelly Commission to resolve conflicting evidence.

A spokeswoman on Monday evening said the “commission is preparing the draft report for distribution” to affected parties.

Speaking on his way into Tuesday’s Cabinet meeting Mr Kenny said: “I heard that comment from a member of the commission. That’s part of the very normal process being followed by the commissions of investigation.”

“That’s a matter for Judge Fennelly of course and I think the commission spokesperson pointed out what is perfectly normal”.

Mr Callinan resigned the morning after he was visited at his home by Brian Purcell, then secretary general at the Department of Justice.

Mr Kenny instructed Mr Purcell to tell Mr Callinan of the gravity of the situation regarding the taping of phone calls at Garda stations.

Earlier this year, Mr Fennelly wrote to Mr Kenny - the minister responsible for the inquiry - and said he was mindful of the High Court case being taken by Mr Bailey.

He said that while the terms of reference of the inquiry into Mr Callinan’s resignation did not mention Mr Bailey’s case, “they are undoubtedly related to some extent with the events that culminated in the retirement of the Commissioner”.

“The Commission is of the view that it would not be appropriate to submit any parts of the draft interim report to named persons whilst the High Court proceedings are at hearing.”

It added that the interim report “will not be disseminated to affected parties until after the Bailey proceedings currently at hearing have been disposed of by the High Court”.

Fianna Fáil justice spokesman Niall Collins said he was hopeful the outcome of Mr Bailey’s case “can clear the way for the draft report of the Fennelly Commission”.

“It is one year since Mr Callinan’s controversial departure as Garda Commissioner and we still are none the wiser about what happened,” he said.

“The Taoiseach and his advisors have engaged in bluff and bluster to deflect from answering basic questions - namely was the Taoiseach recalled to give evidence to the inquiry amid reports of conflicting accounts being presented to the judge?