Taoiseach Enda Kenny has defended sending the terms of reference of a commission of investigation into alleged Garda malpractice to former minister for justice Alan Shatter before they were presented to the Dail.

He said the Government had decided to set up the commission and had drawn up its terms of reference.

“After the Government made its decision, it sent the terms of reference to the former minister for justice, for his information only, so that he would be in do doubt that it would continue to press ahead with it,’’ he added.

The former minister had asked the Government not to include him in the commission's terms of reference. Mr Shatter has a pending High Court case challenging some of the findings of the Guerin report on which the inquiry will be based.

The Taoiseach was replying in the Dail on Wednesday to Sinn Fein leader Gerry Adams who asked if he had discussed the matter with Mr Shatter. Mr Adams added a letter sent on Mr Kenny's behalf on November 21st last year had included a copy of the draft order with the commission's terms of reference.

“This was done before the draft order was presented to the Houses of the Oireachtas,’’ he added. “Is that normal ?’’

Mr Adams suggested it was inappropriate that Mr Shatter, as a Fine Gael backbencher who had a central role in the issues under investigation, should be given the draft terms of reference which the Dail could not subsequently debate.

The Sinn Fein leader said Mr Shatter had also been told Mr Justice Kevin O’Higgins would chair the commission before the Dail or public were informed.

“Is it not confirmation of the dismissive and disdainful approach you and your Government have towards this Dail ?,’’ he asked.

Mr Kenny said the correspondence with Mr Shatter had been published on Tuesday by his department. He said the replies to Mr Shatter were clear and consistent that the commission should be able to investigate how the matters brought to public attention by the whistleblower Sgt Maurice McCabe were handled by the Department of Justice, An Garda Siochana and the the former minister.