Northern Ireland is facing an election, mainly because of the intransigence of Mrs. Arlene Foster and her refusal to stand down to facilitate an investigation into the cash for ash scandal. I read today that the Taoiseach is about to commence a commission of investigation into certain Garda matters following the O'Neill report. Yesterday, the Garda Commissioner was on the airwaves telling us how wonderful everything is and how wonderful she is herself, bombing us with doublespeak. Meanwhile, the harassment of whistleblowers continues.

Last December, in reply to a question of mine, the Tánaiste said, "the Garda Commissioner is entitled to her good name - as, indeed, are people making allegations entitled to theirs - unless facts properly established prove otherwise". Mr. David Taylor was interviewed for 21 hours. A file was sent to the Director of Public Prosecutions in September 2015 with no decision yet. Nothing has been proved against him. Is the Garda Commissioner allowed to ride roughshod over fair procedure in this area? The Commissioner said yesterday, "I've absolutely no knowledge nor was I privy to any campaign to undermine any individual in An Garda Síochána". Mr. Keith Harrison wrote to her 14 times detailing his harassment and bullying. He has been out sick since May 2014. He is on €188 per week and has three kids at home. Mr. Nick Keogh has got nothing but grief since he reported malpractice.

The Commissioner was boasting yesterday about taking part in the fight against heroin. However, she has protected the chief superintendent who has been involved in the heroin case in Athlone. Last year, she placed a superintendent on the promotion list who has been accused on numerous occasions of harassing a whistleblower. In June 2015, the Garda Commissioner appointed an assistant commissioner to carry out an investigation into the allegations surrounding the chief superintendent and the garda from the drug squad in Athlone. It was the same assistant commissioner who had been accused of earlier leaking information back to the superintendent who was the subject of the complaint. In October 2015, the Commissioner stated that she had commenced an investigation into this alleged conflict of interests. There has not been a word of that since. I wonder where it is.

Following its investigation into the matter, the Garda Síochána Ombudsman Commission, GSOC, asked for disciplinary procedures to be taken against them. Who did Nóirín O'Sullivan appoint to look after it? Yes, the very same assistant commissioner, who also happens to be retiring in April, will probably will not even get to the end of the process and will delay it all even further. This month, GSOC asked to oversee the disciplinary procedure. Its request was refused. When is the Taoiseach going to publish the report? Will he include the protected disclosures of all whistleblowers in the investigation? If he does not, it is only a case of kicking the can down the road, because we will eventually have to do it. Does the Taoiseach intend to leave the Commissioner in place while the investigation goes on? It would make a mockery of it if he does.

I have confidence in the Garda Commissioner. There has been significant change to the procedures for members of the Garda who wish to report allegations of wrongdoing. The Protected Disclosures Act 2014, which came into operation on 15 July 2014, was part of the then Government's comprehensive approach to enhancing the protection available to whistleblowers, including members of the An Garda Síochána. Under that Act, GSOC is now the prescribed body authorised to receive protected disclosures on Garda matters. Accordingly, members of An Garda Síochána may communicate their concerns to the Garda Commissioner, as their employer, if they so choose, or may make a disclosure to GSOC. Where a protected disclosure is made to GSOC, the Act provides that GSOC may investigate the disclosure, if it appears to GSOC desirable in the public interest to do so. People are protected under that Act and cannot be bullied, sacked or dismissed.

It is important to recognise the very significant fact that a member of the Garda who makes a disclosure in accordance with the Act is entitled to all of the protections for whistleblowers in the Act. These include protection from having their identity revealed, protection from being dismissed and protection from being penalised in their employment as a result of having made a protected disclosure.

In light of the public interest in An Garda Síochána having robust policies and procedures in place to support and protect whistleblowers, and to ensure that their complaints and allegations are fully investigated, the Tánaiste asked the Policing Authority on 2 June last year to examine and report on the policies and procedures in place in An Garda Síochána to deal with whistleblowers and whistleblowing. The Tánaiste also asked that it make any recommendations it considered appropriate in order to ensure that the policies and procedures in place are protected. The Policing Authority completed its review and reported to the Tánaiste on 11 November 2016. The report was published on the website of the Department of Justice and Equality and has since been laid before both Houses in accordance with the Act. On 7 December 2016 the Tánaiste received from Mr. Justice Iarfhlaith O'Neill the report of his review relating to the two protected disclosures cases which were made to the Tánaiste by members of An Garda Síochána in early October. Mr Justice O'Neill was asked to review the allegations of wrongdoing and to include any recommendations which he considered appropriate. The report, I understand, sets out in detail the allegations contained in the protected disclosures. I am sure that the House will appreciate that in the view of the nature of the allegations and the fact that third parties are mentioned the Tánaiste referred this to the Attorney General for advice on how to proceed, including the question of what material may properly be put in the public domain having regard to the rights of all concerned. The Attorney General has given some response to that but has some further matters to conclude on. The specific proposals will come to Government shortly including putting the conclusions and recommendations of Mr. Justice O'Neill into the public domain.

Before Deputy Wallace comes back in I want to make a point to him please. I am reluctant to interfere with anything Deputy Wallace is saying because much of what he has said is in the public arena but the House is not a court of law. Adjudicating of aspects of current controversy and any individuals associated therewith under fair and proper procedures rests elsewhere in accordance with the law, and not in this House. I put it to Deputy Wallace that he is perhaps sailing very close to the wind.

Only close to it.

The Ceann Comhairle is only encouraging him.

The Taoiseach has not answered any of my questions. While the Government sat on the O'Neill report - the Taoiseach has still not told me when he intends to publish it - GSOC had to go to the High Court to force the Commissioner to hand over the transcripts of the O'Higgins report. It is almost eight months since the Tánaiste requested GSOC to investigate the same. Only last week the Minister received a letter from a whistleblower regarding a witness statement in an assault case being doctored by gardaí. The background to the assault case related to the planting of drugs by a garda. I ask the Taoiseach again when he intends to publish the report. Does the Taoiseach intend to leave the Commissioner in place? It will be laughable if he does. If all is so well, as the Commissioner likes to tell us, can the Taoiseach or the Commissioner explain to me why so many whistleblowers are out sick and why they are not at work? Why does Nóirín O'Sullivan not ring the whistleblowers? How is it that she has never even rung them? She has not rung any of them. Would the Taoiseach consider asking the Commissioner to ring the whistleblowers who she says she cares so much about? It is a bit scary that what she says in public is one thing but the reality on the ground could not be much different.

The Act protects gardaí - if they make a report to GSOC or to the Commissioner - from having their identity revealed. It offers protection from dismissal and protection from being penalised in their employment as a result of having made a protected disclosure. That is the law of the land. That is what the Act says it protects whistleblowers for. Deputy Wallace made reference to the Minister receiving the report from Mr. Justice O'Neill. There are third parties mentioned in this report and it is only right and proper that the report be referred to the Attorney General for advice as to what form, and in what element, it should be published. The Minister is engaging with the Attorney General on that matter.