O'Donoghue denies he obstructed setting up tribunal

Minister for Arts, Sport and Tourism John O'Donoghue rejected claims he obstructed the setting up of the Morris tribunal when he held the justice portfolio.

"I was never against the principle of a public inquiry, but clearly establishing a tribunal of inquiry was not something to be undertaken lightly. As far back as February 2001, I made it clear to Dáil Éireann that I had an open mind as regards the setting up of a tribunal."

But rights had to be respected and due process protected. He said there was a concern that an inquiry might prejudice criminal proceedings.

He had been advised in June 2001 that civil proceedings and criminal prosecutions should run their course before a tribunal could be considered.

He had made it clear he was advising on the matter without the benefit of seeing the full investigation report which was necessary for him to brief counsel on pending civil actions against the State.

Mr O'Donoghue added that he had directed his officials to get copies of the report, and pass one to the attorney general.

He had remained very concerned about the lack of resolution to the situation in Donegal and the erosion of public confidence in policing. He had decided in November 2001 that it was desirable there should be some independent assessment of the situation, and he decided to ask an eminent legal person to examine the relevant papers and the progress of the investigations with a view to receiving expert independent advice.

The expert, Shane Murphy SC, expressed the view that a tribunal of inquiry represented the only comprehensive method of inquiry to resolve outstanding issues of public importance. Mr O'Donoghue said he had brought forward the legislation, and the tribunal was established by the Oireachtas in April 2002.

Praising Michael McDowell's role in the matter as attorney general, Mr O'Donoghue said it was an extraordinary allegation that "an attorney general, who has been and is one of the leading criminal lawyers of his generation, would conspire with a then minister for justice to deny people justice".