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Dáil
‹ Leaders' Questions

Garda whistleblower treatment and confidential recipient

Summary

Micheál Martin challenges the treatment of Maurice McCabe, the confidential recipient’s conduct and Minister Alan Shatter’s handling of the allegations, seeking accountability and correction of the Dáil record. The Taoiseach says Oliver Connolly has been relieved of his duties, defends the departmental report, and promises legislative changes to the whistleblowing and Garda oversight system.

Last week, I read elements of the transcript of a conversation between the Garda confidential recipient, Mr. Oliver Connolly, and a Garda whistleblower, Mr. Maurice McCabe, such as how, if the Minister for Justice and Equality, Deputy Alan Shatter, felt the whistleblower was going to screw him, he would be finished. In addition, it was said that if complaints were exposed to the print media, it would make him an angry man and so on. The elements of the conversation were quite shocking in terms of their import. The confidential recipient also spoke about his close proximity to "Alan" and how he communicated with him on the allegations the whistleblower had put before him. I have since listened to the audiotape of that conversation and can confirm its existence. Every single syllable I articulated last week is on it and, obviously, more. It reveals the frustration of the whistleblower and also the desire of the confidential recipient that at all costs this must not get into the print media, that it must be kept out of the media.

I subsequently met the whistleblower, Mr. Maurice McCabe, and must say he is a credible man. He has some story to tell, but the Minister for Justice and Equality, essentially, has not allowed him to tell it. I have met others, people who have been in authority, who equally believe in this man's credibility. He did everything by the book, the whole way, as a whistleblower. He went to line management and was rebuffed. He went to the confidential recipient and got nowhere. He wrote repeatedly to the Taoiseach for over 12 months and gave his office a dossier with all of his allegations backed up by evidence. He went to the Department of Justice and Equality, but he got no response of any consequence. He initially went to the Department of Transport which sent it to the Department of Justice and Equality. He also went to the Road Safety Authority where he got a good response. The Taoiseach should speak to the Minister for Transport, Tourism and Sport, Deputy Leo Varadkar, who did stand his ground. Maybe people should listen to him more in the Cabinet than to the Minister for Justice and Equality.

The bottom line is that when the inquiry into the penalty points saga was initiated, it was extraordinary that Assistant Garda Commissioner O'Mahony and the inquiry team did not actually interview Mr. Maurice McCabe, the man who had made the original accusations. Incredibly, the Minister, Deputy Alan Shatter, told the Dáil last October that the whistleblower had not co-operated with the inquiry. That was a blatant untruth. The person who chaired the inquiry has since confirmed that he did not interview the whistleblower.

The Road Safety Authority wrote to the Minister after the Cabinet had referred the O'Mahony report to it, highlighting that major failing in the O'Mahony investigation. The Minister, Deputy Leo Varadkar, knows that I am telling the truth because he stood his ground. The Road Safety Authority will equally confirm what I am saying. However, the Department of Justice and Equality and the Minister, Deputy Alan Shatter, did not. A lot of negative innuendo was spread about this man. It was spread to people who had inquired to put them off the trail. What happened was fundamentally wrong. What Garda whistleblower in his or her right mind would ever go near the system again, given the treatment that has been meted out to this man?

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A Deputy

They have no confidence.

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What has occurred is absolutely scandalous. It is not just about penalty points, it is also about other serious issues that would make one's hair stand on end. They are shocking revelations of incompetence which ultimately led to people being murdered as a result of a failure to act. It is very serious stuff which the Department of Justice and Equality has had for quite a long time but not acted on.

Does the Taoiseach think the position of the confidential recipient is tenable, given the existence of this transcript and the treatment of Mr. Maurice McCabe? Will he insist on the Minister for Justice and Equality coming into the House to apologise to Mr. McCabe? The Minister should withdraw the remarks he made on the floor of the House that Mr. McCabe had not co-operated. That was wrong and the Minister should correct the record in the interests of fair play.

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Seán Barrett An Ceann Comhairle Fine Gael

We are way over time. The Deputy should co-operate.

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I know the Garda Inspectorate produced a report on the O'Mahony investigation. Will the Taoiseach confirm that that report is now with the Minister for Justice and Equality? Will it be published unvarnished?

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Enda Kenny The Taoiseach Fine Gael

This is a very serious matter that was raised following publication of elements of the transcript in a Sunday newspaper some two weeks ago. Following my response in the Dáil, I said I had sought a report on the matter and would see to it that that report was followed through on. I did receive a report from the Secretary General of the Department of Justice and Equality who in the past two weeks has made a number of contacts with the confidential recipient in regard to the veracity or otherwise of the transcript published in newspapers. There were a number of contacts with the confidential recipient. This is a very serious matter. Following publication of the full elements of what is alleged to have happened, I did not have the opportunity to listen to an audiotape personally. However, having read all of the statements made and having been in contact with the Minister for Justice and Equality who is very concerned about this matter-----

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A Deputy

That is new.

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Enda Kenny The Taoiseach Fine Gael

-----he has this morning relieved Mr. Connolly of his duties.

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I thank the Taoiseach for his reply. I think the decision was the inevitable outcome of the conversation that had taken place between the confidential recipient and Mr. McCabe. I take no pleasure in saying this in respect of the individual concerned, but that is not the end of the matter by a long shot. The Minister for Justice and Equality, Deputy Alan Shatter, must come into the House to answer serious questions about how he dealt with this whistleblower.

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He should be gone.

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We are talking about the equivalent of the Neary case in the health sector. It was the whistleblower who sorted out that issue and revealed all. This is how Garda whistleblowers are being treated by the system, yet the Minister stands over it. He has stood over it the whole way through. That is the problem.

When Mr. McCabe sent the Taoiseach a dossier, he wrote to his office saying he had not been interviewed by Assistant Garda Commissioner O'Mahony, even though he had made all of the allegations. The Taoiseach wrote to the Department of Justice and Equality and the Minister for Justice and Equality told him that whether Mr. McCabe would be interviewed was an operational matter for the head of the inquiry team.

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Seán Barrett An Ceann Comhairle Fine Gael

Put the question, please.

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It was an extraordinary reply, yet, having sent that letter to the Taoiseach, the Minister, Deputy Alan Shatter, went into the House to say the Garda whistleblower had not co-operated with the inquiry. That was a blatant untruth. That is the critical point. In the interests of fair play, the Minister needs to correct the record, if he has any sense of decency towards the individual concerned.

I know that the Minister for Transport, Tourism and Sport, Deputy Leo Varadkar, met Mr. Maurice McCabe. The Minister then went on Morning Ireland to say, "I believe this man to be credible," much to the anger of the Minister for Justice and Equality, Deputy Alan Shatter. I know that, too.

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Seán Barrett An Ceann Comhairle Fine Gael

I am sorry, but we are not here to discuss that issue.

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There is something rotten in the state of Denmark in regard to this issue.

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Seán Barrett An Ceann Comhairle Fine Gael

Will the Deputy, please, put his question?

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It has now gone beyond most of the institutions that have dealt with it.

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When talking to people who know a lot about it in other institutions, the first thing they ask is whether I mind if we meet in my office as they are afraid their telephones could be bugged. That is out there in the ether and the Taoiseach needs to do something about it.

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Who would bother to bug Deputy Martin's phone?

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I will communicate with the Taoiseach following his invitation yesterday. Material that has come into my possession concerns a more serious matter. I sincerely hope the Taoiseach will not leave it with the Department of Justice and Equality. The Taoiseach should not tell me he is waiting for a report from that Department because he will wait and wait. The matter must be taken out of the Department of Justice and Equality to get to the truth of this. I say that in good faith.

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Enda Kenny The Taoiseach Fine Gael

I thank the Deputy for his comments and I invite him to hand me personally the information of national importance. I would be happy to receive it and act on it. In the House I said that I had requested a report from the Department of Justice and Equality. I received a report from the Secretary General of the Department of Justice and Equality outlining the number of contacts the Department made with the confidential recipient about the veracity or otherwise of the allegations and comments printed in the national media. Following discussions arising from the report with the Minister for Justice and Equality and following the publication of a more expansive version of a conversation that took place, the Minister has advised the official confidential recipient that if he has any knowledge of any illegal activities he should bring it to the attention of the Garda Síochána and has, this morning, relieved him of his duties.

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We have all this.

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Enda Kenny The Taoiseach Fine Gael

The system has been around for a number of years. The Minister for Justice and Equality, Deputy Shatter, has said on a number of occasions that he is not happy with the operation of the confidential recipient in this structure.

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He is the problem.

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Is the Taoiseach happy with him?

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Enda Kenny The Taoiseach Fine Gael

I agree with Deputy Martin's point about why anyone with a whistleblowing issue would deliver it if there is no faith or trust in the system. That is why the Minister has been very clear that he wants to bring changes to legislation into the House to be fully debated.

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The Taoiseach should haul him in.

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Enda Kenny The Taoiseach Fine Gael

Nor is it acceptable to the Minister that members of the Garda Síochána are a liaison between GSOC and the Garda Síochána. He is not happy-----

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Let the Minister say that in here.

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Enda Kenny The Taoiseach Fine Gael

------about the confidential recipient situation and he will bring in changes. I said yesterday that the Oireachtas Joint Committee on Justice, Defence and Equality is mandated to review the Garda Síochána Act in so far as this is concerned, to make recommendations and to hold public hearings from people who have expressed views about the inefficiency or ineffectiveness of the Act. The Minister for Justice and Equality will deal with it in the changes that will be brought to the House. Having considered all of this and having looked at the report and the contacts made by the Department of Justice and Equality with the confidential recipient, the Minister has formally relieved him of his duties.

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Will he correct the record of the House?

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