The Minister for Justice said yesterday he had nothing to hide in relation to his handling of allegations against gardaí in Co Donegal and had moved as speedily as possible given the legal constraints.
Mr O'Donoghue was speaking after the announcement that the Government is to establish a tribunal of inquiry into the controversy in Co Donegal.
"I have nothing to hide whatsoever. This is about the Garda Siochána in Donegal.
"If people wish to look at due expedition of the State authorities I have no problem with that whatsoever. I have been constrained by the legalities of the situation," the Minister said.
Mr O'Donoghue said the "saga" in Donegal had been going on for some time, and there had been six different investigations into what had occurred.
"I decided it was best to bring some form of closure in the interests of maintaining confidence in the Garda Siochána," he said.
The tribunal, which will be chaired by the former president of the High Court, Mr Justice Morris, will be empowered to employ investigators from outside the State if the chairman feels it is necessary.
The Minister said that from the point of view of public perception and the independence of the tribunal it might not be appropriate for members of the Garda Siochána to be investigating colleagues.
It would be a matter for the tribunal, he said, to decide which evidence would be heard in private.
"If there were criminal proceedings outstanding, the tribunal chairman might say some evidence would have to be held until the cases were disposed of," he said. It might not be the case that the majority of the evidence would be heard in private.
Asked about pending court cases related to the matter the Minister said he had been advised that the 30 civil cases "could be got around with public interest" but the situation was different for six criminal cases.
He said the legislation was also being changed to increase substantially the fines for non-co-operation with tribunals from €635 to €3,000 for a summary conviction and from €12,700 to €300,000 for conviction on indictment.
The Minister said he would prefer if the inquiry began before the general election, due in May. However, the legislation had to go through the Oireachtas, and Mr Justice Morris also had preparatory work to do.
Mr O'Donoghue said the inquiry would relate not just to the McBrearty case but to other allegations, including the planting of hoax bombs and allegations relating to the MMDS mast in Co Donegal, where crude explosives had been found and a portable building was burnt down.
"We haven't agreed the terms of reference yet. I am willing to discuss it with members of the Opposition," the Minister said.
The Attorney General on the basis of the information then available, said Mr O'Donoghue, had advised that the holding of such an inquiry at the time questions were being raised in the Dáil could prejudice civil and criminal proceedings which had been instituted as a result of the alleged misconduct.
The Minister said he received the report on occurrences in Co Donegal from a report by a barrister, Mr Shane Murphy, on January 30th and met him the following day to discuss the report.
Mr Murphy "while recognising the need to ensure that civil and criminal proceedings are not compromised, had endorsed the view that 'a tribunal of Inquiry represents the only comprehensive method of inquiry to resolve outstanding issues of fundamental pu blic importance'."