A Labour Party TD was asked in the Dail to withdraw remarks about the barrister appointed to investigate the Irish Amateur Swimming Association. Mr Michael Ferris (Lab, Tipperary South) claimed that Dr Roderick Murphy SC had a "vested interest" in the IASA and that he was "chairman of a swimming club at times that reports of sex abuse were made".
"Why choose a chairman whom you know has a vested interest, irrespective of the position that he has held?" he asked the Minister for Tourism, Sport and Recreation.
Dr McDaid was responding to Opposition questions about the inquiry he has set up into the IASA following the conviction of swimming coach Derry O'Rourke on sex abuse charges.
He told deputies that the Attorney General had again met the lawyers for the families of the abused children yesterday and he proposed to reconvene the expert group which compiled the code of ethics for the proper treatment of children in sport when he received Dr Murphy's report.
The Minister described Dr Murphy as "a man beyond reproach", the chairman of the Chartered Institute of Arbitrators who could bring the matter to a successful conclusion.
The Labour TD asked why, if he wanted the inquiry to be independent, the Minister had appointed somebody without consulting people affected by the abuse. "From the information we have from the people concerned, they have no intention of coming in to an inquiry which is chaired by Dr Murphy," said Mr Ferris. "I think it is unfair to have named Dr Murphy before it had been cleared with the parents."
Dr McDaid said it was "totally incorrect" for Mr Ferris to say that Dr Murphy was involved with the committee of a swimming club at a time when there were reports of child abuse. "I think you should withdraw that," he said to Mr Ferris.
"Dr Murphy was not involved in any committee or in any of this area and I think you have left a cloud hanging around this House."
Mr Ferris replied: "This information was brought to my attention. I was asking you were you aware of it. I wasn't raising any questions about the man."
He added: "I withdraw any inference that there might be about Dr Murphy. I want to make sure that he is as independent as the parents and the abused people want him to be."
Mr Ferris had echoed comments by Fine Gael's sports and tourism spokesman, Mr Bernard Allen, who claimed the Minister had "reneged on a solemn commitment" to the families of the abused that he would consult them before the appointment of a chairman.
The Minister told deputies he agreed to a veto by the victims as to who the chairperson should be: "but unfortunately they rejected my proposals out of hand and consequently the Government went ahead with a private, independent inquiry".
Mr Allen said the Minister had gone from a limited to a judicial inquiry and back again. It was a decision "which has hurt the victims and their families very seriously".
"This inquiry is fatally flawed," said Mr Allen. "It can't compel witnesses to attend, it can't requisition documents and, adding insult to injury, it has appointed a member of the IASA, a member of a swimming club, a man who is known personally to many of the people involved - it casts grave doubt about the effectiveness of this investigation."
Dr McDaid said he hoped Mr Allen was not casting any aspersions on Dr Murphy. "Somebody who has experience of the sport would surely be beneficial to the inquiry rather than somebody from the law library who has no experience of swimming whatsoever."
The Fine Gael TD said he would not in any way question the integrity of the chairperson, but "I believe the chairperson being a member of a swimming club and a member of the IASA is in a difficult position and shouldn't have been placed in that type of position".
"I have to ask the deputy who are we trying to compel?" said Dr McDaid. "I have been told that every document will be produced." He added: "The only people who would appear to be compelled are the victims who want the matter dealt with in private and in confidence."
The Minister had said he wanted the investigation to be as inclusive as possible. "There is every indication that I am going to get full co-operation with the inquiry that I had originally intended to set up.
"This is a very sensitive issue and the Government and I are trying to deal with it in the best interest of the parents and the victims.
"I am trying to include them all in this issue and I am asking them again to co-operate with me. People are able to come in private and in confidence, so I have more than I would ever have had if there was a public judicial inquiry."
Dr McDaid said: "I feel that if people who were previously calling for this open judicial inquiry, would realise what they are getting themselves into, I think that they would have a rethink.
"We have to get to the truth. We do have a public policy issue here and if you were to take a case it is conceivable that every club, organisation, community group could have a judicial inquiry into every situation where the courts have not come forward with all the answers."