Taoiseach’s handling of Garda controversies
Gerry Adams questions the Taoiseach’s dealings with former Justice Minister Alan Shatter and correspondence concerning the Garda whistleblower controversy and commission of investigation. The Taoiseach rejects Adams’s account, says the correspondence was clear, and insists the terms of reference were sent to Shatter only after the Government had decided them.
I return to the Taoiseach's handling of the events leading to the establishment of the commission of investigation into certain matters relevant to the Cavan-Monaghan division of An Garda Síochána, matters of extreme gravity. I want to focus on the Taoiseach's relationship with the former Minister for Justice and Equality, Deputy Alan Shatter, and his correspondence with him. It is a matter of public record that Deputy Alan Shatter was embroiled in a series of controversies brought to the attention of the Taoiseach and others by the Garda whistleblowers John Wilson and Maurice McCabe. Many of the claims made by these two courageous public servants have since been vindicated. However, the response of the Government and the then Garda Commissioner was to stonewall until the Garda confidential recipient resigned, followed by the Garda Commissioner and the then Minister, Deputy Alan Shatter. During this entire period the Taoiseach remained totally loyal to Deputy Alan Shatter who resigned not as an act of contrition but to save Fine Gael and the Labour Party.
Last week I asked the Taoiseach whether Deputy Alan Shatter, or anyone acting on his behalf, had been in touch with him, the Ceann Comhairle or anyone else in the Oireachtas about the Guerin report. He failed to answer my questions. When I pressed the issue, he eventually gave limited information to the Dáil, but even this small amount had to be dragged out of him. He did not divulge to the Dáil the content or extent of the correspondence with Deputy Alan Shatter, as he was obliged to do, including the fact that Deputy Alan Shatter had written to him as far back as last September. Yesterday, again under questioning, the Taoiseach revealed to the Dáil the extent of the voluminous correspondence between his office and Deputy Alan Shatter. He also had to correct the record of the Dáil. Is it not clear that he engaged in a series of evasions and diversions to avoid giving a full, accurate and timely account to the Dáil of ongoing and extensive correspondence between him and Deputy Alan Shatter?
Comment on this
I reject the Deputy's story. The position is that very serious matters were brought to the attention of the public and the Government following the revelations by the whistleblowers. The Guerin report was commissioned, following whcih the Government decided to set up a commission of investigation. The correspondence to which the Deputy referred has been very clear and consistent. The material published by my Department yesterday indicated all of the correspondence from the former Minister for Justice and Equality and the replies. These replies were clear and consistent in stating the matter was of sufficient serious public concern that the commission of investigation, in accepting the recommendations made by Mr. Guerin on its terms of reference, should be able to investigate how the matters brought to the attention of the public by the whistleblowers had been handled by the Department of Justice and Equality, the Garda and the former Minister. The Government agreed to these terms of reference and brought forward proposals for the establishment of the commission of investigation. I signed the order setting up the commission of investigation, to be conducted under Mr. Justice O'Higgins, after yesterday's Cabinet meeting. In answer to the Deputy's question, I have published all of the documentation, including the letters sent to the Department of the Taoiseach and the replies to the legal firm involved.
Comment on this
Did the Taoiseach at any time discuss these matters with Deputy Alan Shatter? I acknowledge that he eventually published the correspondence, but he did not come forward in a straight and clear way to tell the Dáil what he knew about the contacts between his office and Deputy Alan Shatter. We are entitled to this information. The correspondence raises further questions. A letter to Deputy Alan Shatter which was sent on behalf of the Taoiseach on 21 November included a copy of the draft order with the terms of reference for the commission of investigation. This was done before the draft order was presented to the Houses of the Oireachtas. Is this normal? Is it appropriate that a Fine Gael backbencher who played a central role in the issues under investigation should be given the draft terms of reference which, as it transpired, the Dáil was subsequently unable to debate? Another letter to Deputy Alan Shatter, dated 17 December, stated Mr. Justice Kevin O'Higgins would be the sole member of the commission of investigation. Once again, this information was provided for Deputy Alan Shatter before it was presented to the Dáil or made public. Is this normal practice? Does it not offer confirmation of the dismissive and disdainful approach the Taoiseach and his Government take to the Dáil?
Comment on this
On the contrary, it is clear what the Government had in mind. It decided to set up a commission of investigation and on the terms of reference for it. Subsequent to the Government making its decisions, it sent the terms of reference to the former Minister for Justice and Equality for his information only in order that he would be in no doubt that the Government was going to press ahead with establishing the commission of investigation with the terms of reference as decided and agreed to by the Government before they were sent to the Deputy for his information because he was involved in litigation.
Comment on this
The Taoiseach did not answer my questions.