Here we go again - another week and another controversy surrounding the Garda Commissioner and the treatment of Garda whistleblowers. The protected disclosures made by two senior gardaí to the Department of Justice and Equality during the past week outline an orchestrated campaign by some in senior Garda management positions to undermine whistleblowers. They include the distribution of text messages to attack the reputations of whistleblowers, the opening of intelligence files on whistleblowers, the monitoring of the activity of whistleblowers and the briefing of elements of the media and selected politicians about the characters of whistleblowers. These are incredibly serious issues which go to the very core of our policing and justice systems.

We all have a duty to build public confidence in those systems. However, revelations such as those made in recent days do the very opposite, and contribute to declining morale in the Garda Síochána. No doubt, they make other potential whistleblowers think twice about coming forward. It seems that this is the very motive for such smears and attacks. The Government has failed to protect whistleblowers. A series of allegations has been made about how Sergeant Maurice McCabe was treated after he raised concerns about the investigation of serious crime in the Cavan-Monaghan division. Sergeant McCabe and John Wilson were smeared and bullied. The O'Higgins report said such actions contributed to what it called a continued "closing of ranks". Following the publication of the Guerin report, the Taoiseach told the Dáil there was a need for a root and branch analysis of the administration of justice, but here we are back to square one. Nothing has changed.

The mentality of some in senior Garda management is perhaps best summed up by the admission of the former Garda Commissioner, Mr. Martin Callinan, to me at the Committee of Public Accounts when he stated that the actions of whistleblowers are "disgusting". His word, not mine. The current Garda Commissioner, Ms Nóirín O'Sullivan, has again run for cover in respect of these allegations. She has talked the talk about disclosure, transparency and openness. When it comes to walking the walk, however, it is business as usual.

It has gone beyond the point of pushing these matters under the table. What is the Taoiseach going to do about these latest allegations of whistleblowers being hounded and discredited at the behest of some in senior Garda management? What of the suggestions that the Tánaiste has received other complaints to which, it appears, she has failed to respond for months? Is the Taoiseach aware of these complaints? Are the Tánaiste and the Garda Commissioner running for cover?

In the first instance, this is a very serious matter. I referred to it yesterday and confirmed that the Tánaiste and Minister for Justice and Equality has received correspondence from members of An Garda Síochána under the Protected Disclosures Act. Deputy McDonald is aware that, under section 16(1) of that Act, a person to whom a protected disclosure is made "shall not disclose to another person any information that might identify the person by whom the protected disclosure was made." Obviously, I have not seen the correspondence or whatever. I assume that the Tánaiste has now to look at this documentation sent to her in a sensitive manner and do so quickly. I would assume - I do not know the extent of the correspondence - that the Tánaiste herself is not going to be in a position to verify the allegations that have been made one way or the other. Therefore, this will have to be dealt with by a competent person. In that context, we must look at what is the structure that can best deal with this conclusively once a protected disclosure document has been received by the Minister of the day. Yesterday, Deputy Micheál Martin raised the question of GSOC. This documentation was sent to the Tánaiste directly under the Act. Ms Justice Mary Ellen Ring has spoken about different powers or increased powers for GSOC. The Tánaiste is looking at that.

I would expect that, in the next couple of days, the Tánaiste will make a decision, having looked at the information that she has been sent under this Act, as to what is the best option. I would say to Deputy McDonald, as I have said before, that it is utterly unacceptable that somebody, often described as a whistleblower, who reports wrong-doing is not treated properly and to the very highest standards. We cannot and we will not shirk responsibility in that regard. It is, however, for the Tánaiste to examine the documentation that she received and decide what is the best option to deal with it conclusively. That may well be the appointment of a sitting judge to look at the documentation to verify the contents and whatever action follows from that. Obviously, following the O'Higgins report, the Tánaiste wrote to the Policing Authority in June asking that it submit its views on a policy and procedures to be followed that would be put in place in An Garda Síochána where whistleblowers or people within the force decided to say that what is happening there is wrong or incorrect. So, I would expect in the next short time that the Tánaiste will make her view known about the documentation she has received.

The difficulty is that this line has been well rehearsed in the Chamber and beyond for a long time. I suggest that the position, as the Taoiseach has outlined it, has run out of any credibility, not least for serving members of An Garda Síochána and, most particularly, for whistleblowers who have come forward only to be targeted and smeared.

The Taoiseach stated that the Minister will reflect on these matters and decide what to do. I understand the Minister has been in possession of correspondence for some months. I understand the Minister failed to respond to a number of Garda whistleblowers. Who is in charge? Is the Minister or the Garda Commissioner in charge? Who is accountable for these practices and the smearing and targeting of Garda whistleblowers? Does the Taoiseach have confidence in the Garda Commissioner that she is discharging her duties fully and faithfully? Does he have confidence in her capacity to protect whistleblowers? I ask the same question of his Minister, Deputy Frances Fitzgerald.

The Deputy made the point earlier that nothing has changed but it has. There is the independent Policing Authority, which has received a formal request from the Minister for Justice and Equality to set out its view on how members of the Garda Síochána should be treated with regard to whistleblowers providing information. This is about the law of the land, which is the Protected Disclosures Act. I have quoted the relevant section for the Deputy.

I have not seen the correspondence received by the Minister, and nor should I, as it was sent to her under that Act. I assume the information contained therein must be examined and reflected upon very carefully as it is very serious. Otherwise it would not be received under that section of the Act. Somebody must do that and I expect it will be, or certainly could be, a member of the Judiciary who would examine the contents of the received document and see if they stand up or not.

Does the Taoiseach have confidence in the Minister and the Garda Commissioner?

Out of that comes a decision as to what action might or might not be taken. I have already stated I have absolute confidence in the Minister for Justice and Equality and the Garda Commissioner. I do not have any reason not to.