Garda whistleblower commission
Deputies raised the new commission of investigation into whistleblower allegations about senior Garda management and Sergeant Maurice McCabe. The Tánaiste said the commission followed an earlier independent report and stressed that no one should be prejudged; she later clarified what State-agency contact by Gardaí she was aware of.
This afternoon, we will debate the establishment of a commission of investigation into whistleblower allegations that go to the heart of Garda administration. I welcome that. It is long overdue. The protected disclosures that are the subject of the commission outline an alleged orchestrated campaign by some in senior Garda management positions to undermine Sergeant Maurice McCabe. Those allegations include the distribution of text messages to attack his reputation, the opening of intelligence files on him, the monitoring of his activities, the briefing of elements of the media and selected politicians alleging criminal wrongdoing by Sergeant McCabe. These are incredibly serious issues. They go to the very core of our policing and justice systems. What is alleged is a comprehensive campaign of character assassination, a calculated campaign to destroy the standing of a serving member of An Garda Síochána and a cynical campaign that sought out allies among the compliant sections of the mainstream media and politicians. This is, to borrow the phrase, a truly terrible vista. The idea of the forces of law and order turning on an officer of the law, a man who has done the State some service and a citizen prepared to step forward and speak out is an outrage. It is an outrage that begs the most fundamental questions about the fair administration of justice and the authorities entrusted with upholding the law. Sergeant McCabe's offence, it seems, was to blow the whistle on Garda malpractice in penalty points. Is this what happens when someone stands up to wrongdoing? Is this how someone is treated when they stand up and raise concerns regarding practices within the upper echelons of An Garda Síochána? It seems the actions of some in senior Garda management are perhaps summed up best by the words of the former Garda Commissioner, Martin Callinan. Their actions are disgusting.
Yesterday, an Teachta Brendan Howlin put allegations on the record of this House. I will not repeat them but they are incredibly serious. Suffice to say they allege a vile and, quite frankly, evil attempt by An Garda Síochána at the very top to ruin a man's character and standing. We in Sinn Féin have previously called for Garda Commissioner Nóirín O'Sullivan to step aside, without prejudice, for the duration of the commission of investigation's work. That is a basic requirement for public confidence and vital for the battered morale of serving members of An Garda Síochána.
My questions are straightforward. Does the Tánaiste have confidence in the Garda Commissioner? Will she do the right thing and ask her to step aside from her duties, without prejudice, for the duration of the Charleton commission's investigation?
Comment on this
We are about to have a debate in the House on the terms of reference of the commission of investigation. When these allegations were brought to my attention, particularly through the protected disclosures, I asked Mr. Justice Iarfhlaith O'Neill to conduct an investigation into how these very serious allegations and serious protected disclosures should be dealt with. I received his report some weeks ago. I went to Government last week and followed his recommendations in their entirely in terms of pursuing a commission of investigation which the Supreme Court judge, Mr. Justice Peter Charleton, has agreed to chair. I thank both of them for the work they have done. These are very serious allegations made about An Garda Síochána, on which we all depend and which is central to our democracy. Its effective functioning is central to our democracy. Both I and the Government are fully committed to ensuring that is the situation.
I will make a number of points on what the Deputy has said about a particular person and the context. There is a general constitutional obligation to protect the good names and reputations of persons who may be the subject of untested allegations. That constitutional protection applies to everybody involved in this situation, not only the two people the Deputy mentioned but everybody - those who make the protected disclosures and those against whom the allegations are made. That is the first point. That is how we do things in this country. We follow our constitutional obligations to protect the good names and reputations of people who may be the subject of untested allegations. That applies to all individuals in the House. The Deputy will recall that in advance of the referring and publishing of Mr. Justice O'Neill's conclusions and recommendations, I refused to discuss the nature of the allegations being made because of the rules around protected disclosure. We will have the chance to debate all of this but what is at issue here is a series of allegations that have not yet been tested and which, I have to repeat again, are wholly denied by the people against whom they are made. I do not believe there is a reason for anyone to step aside in that context. If everybody against whom allegations are made was expected to step aside, we would have a very extraordinary situation. People are entitled to fair procedures, justice and the proper way of doing things. We are not dealing with circumstances where a prima facie case of wrongdoing has been established against anyone. Mr. Justice O'Neill, the very person who had the opportunity to speak to everyone and to examine the whole situation, has said he cannot make any findings on the very allegations the Deputy speaks about. He, as a judge, having considered it, does not feel he can do it and that a commission of investigation is necessary. In the case of the Garda Commissioner, I have consistently stated there has been no finding of any wrongdoing against her. In those circumstances, she is entitled to our full support and confidence. That remains the position.
Comment on this
The Tánaiste's answer is astonishing on many levels, not least because nothing I have said attributes any finding or conclusion of guilt to the Commissioner. What I have said and what Mr. Justice O'Neill set out is the rationale for a commission of investigation that is largely, if not exclusively, focused on the actions and activities of the former Garda Commissioner and the current Garda Commissioner.
As a matter of good procedure in the pursuance of protecting everybody's rights, including Sergeant McCabe's and the other whistleblower, it is preferable that the person at the heart of this matter would step aside without prejudice. That is a matter of basic common sense but the Tánaiste resiles from that. That is a very great shame.
Will the Tánaiste confirm for the House, as we know of the allegations of contact between An Garda Síochána up to the very top with the media and politicians, if she is aware of contact between An Garda Síochána and any other State agency in relation to Sergeant Maurice McCabe?
Comment on this
Let me repeat what I have said, and the Deputy referred to common sense. What I have said is that I believe the interests of justice in this country are better served by the process that I have outlined. Of course, I would want to put on the record that if allegations of wrongdoing are found to be true, that would be likely to have very serious consequences, but I repeat that it would be completely wrong to prejudge the matter.
In relation to Maurice McCabe's contact with State agencies-----
Comment on this
No. I asked about the An Garda Síochána's contact with other State agencies in relation to Maurice McCabe. Perhaps I was not clear.
Comment on this
I asked the Tánaiste is she aware of contact by An Garda Síochána with other State agencies in relation to Sergeant Maurice McCabe?
Comment on this
In other words, the Deputy is talking about An Garda Síochána initiating contact with our other agencies.
Comment on this
The one I would be aware of would be contact with, for example, the Garda Síochána Ombudsman Commission, GSOC, in the normal course of events, whatever would be appropriate there, but no, I am not in possession of-----