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Dáil
‹ Leaders' Questions

Whistleblower protection and GSOC powers

Summary

Deputy Clare Daly argued the Taoiseach’s assurances on whistleblowers lacked credibility and pressed for stronger action, including on GSOC’s powers. The Taoiseach replied that the Minister must assess the protected disclosures, that GSOC’s powers are under consideration, and that a decision should be made shortly.

The Taoiseach might have gotten away with that response to Deputy McDonald - if one could call it a response - if this was an isolated incidence of mistreatment of whistleblowers. I note the Taoiseach's confidence in the Minister and the Garda Commissioner is a bit like when he had 100% confidence to the last two occupants of those offices before it went to zero overnight.

Exactly two years ago this week, I put it to the Taoiseach that a Garda whistleblower in the midlands region had come forward with serious information regarding Garda involvement in the drugs trade. The information was indisputable. That individual, Nick Keogh, has subsequently been vindicated by an internal Garda inquiry supporting his allegations in that regard. Nevertheless, two and a half years on, this whistleblower has been out sick for almost a year and is surviving on just over €200 per week. He has had five internal investigations drummed up against him. Medical certificates submitted that stated he was out with work-related stress were changed to indicating absence from flu. Meanwhile, the superintendent who stood over all that is on the promotions list.

The Taoiseach was twice approached by a garda in that division and warned about a senior officer who failed to deal with complaints in that area. Twice since he was approached, that senior officer was promoted, including being hand-picked by the Garda Commissioner for a high-profile job in the Phoenix Park, despite three complaints from Garda whistleblowers against him. Four times one of the Garda whistleblowers wrote directly to the Minister for Justice and Equality and told her of the treatment he was experiencing. He made the point that as his colleague in a different region was getting exactly the same treatment, it could not be a coincidence and it was inconceivable that senior management and the Garda Commissioner would not be aware of it. Deputy Wallace and I have raised what has been happening to whistleblowers Nick Keogh and Keith Harrison - who is out for two years, surviving on a pittance with a young family - 19 times. His post has been opened and Garda patrol cars have cruised down a lane on which he lived, 25 km from the nearest Garda station. The HSE has called to his children. This has all happened on Garda Commissioner O'Sullivan's watch.

How many examples does the Taoiseach need presented to him of the gulf between the public statements of the Garda Commissioner and her private actions in terms of dealing with whistleblowers before he will act? The Tánaiste and Minister for Justice and Equality has had evidence from the O'Higgins commission of investigation, a section 41 complaint from the civilian head of An Garda Síochána and, most shockingly, she has had the protected disclosures of two senior gardaí outlining systematic, organised, orchestrated campaigns not just to discredit a whistleblower but to annihilate him, with the full involvement of the current and former Garda Commissioners.

What in God's name does the Taoiseach need another investigation for? Is it not patently obvious that it is beyond time-----

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Pat the Cope Gallagher An Leas-Cheann Comhairle Fianna Fáil

I thank the Deputy.

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-----for the Commissioner to go?

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Enda Kenny The Taoiseach Fine Gael

The question here is in respect of the information received under the Protected Disclosures Act. That has been received by the Tánaiste and Minister for Justice and Equality. She has to assess it and appoint a person of competence to deal with it. As I said, whatever is in that documentation either stands up or it does not. In that regard, this is a very serious matter.

The powers of GSOC are there for all to see but the Chair, Ms Justice Mary Ellen Ring, has requested that those powers be extended and the Minister is considering that. The independent Policing Authority has been asked for its views on the treatment of whistleblowers or those within An Garda Síochána who make disclosures about wrong doing or alleged wrong doing. From that point of view, as I said, whistleblowers should not be in a position like that outlined by Deputy Clare Daly in respect of two members of An Garda Síochána. Obviously, if these investigations have been pursued - whether by GSOC or internally - the matter must be concluded. Whistleblowers have always provided a valuable service in the public interest and I respect that completely and will defend it. In the case of the most recent documentation received by the Tánaiste and Minister for Justice and Equality, we must proceed by appointing a person of ability to go through that documentation and assess whether the contents stand up. I expect that the Tánaiste will make an announcement about that very soon.

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The problem with the Taoiseach's response is that he tells us that whistleblowers should not be treated poorly and that he respects and defends that. However, our interpretations of what constitutes respect and defence must be different because the Tánaiste and Minister for Justice and Equality has been presented with evidence over a period of two and half years which shows that has not been the case. The Taoiseach tells us that GSOC has the powers and that its powers are there for all to see but its powers are not there for all to see. Even GSOC has said that it does not have the powers to deal with this situation. Did the Garda Commissioner's comments this morning to the effect that she wants to encourage whistleblowers within An Garda Síochána to come forward - despite all of the evidence that these people have been mistreated - not strike the Taoiseach as odd?

If the Garda Commissioner is not directly involved in the harassment, does the Taoiseach not have a problem with the fact that her authority has been so discredited that instructions she has allegedly given for whistleblowers to be protected are being completely ignored across the ranks of An Garda Síochána? That is the evidence that has been presented to the Tánaiste and Minister for Justice and Equality over a long period.

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Pat the Cope Gallagher An Leas-Cheann Comhairle Fianna Fáil

I thank the Deputy.

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If the Taoiseach means what he says and if he really does respect and defend whistleblowers, then he would be answering very differently and he would actually be doing something rather than just talking about it.

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Enda Kenny The Taoiseach Fine Gael

In respect of GSOC, obviously I have absolute confidence in the Chair, Ms Justice Mary Ellen Ring. She has said that GSOC needs extra powers and the Tánaiste and Minister for Justice and Equality is considering her request. In respect of the documents received under the Protected Disclosures Act by the Tánaiste, I have already said that she has a duty to examine that and to appoint a person of standing to deal with it. In that sense, I expect the Tánaiste will make her decision known very shortly.

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