The Policing Authority has said the Garda Commissioner should not be the person to decide whether or not a complaint made by a whistleblower is investigated, and who conducts that investigation.
The Policing Authority carried out a review of Garda whistleblower policy at the request of Tánaiste and Minister for Justice Frances Fitzgerald.
It recommends that this function be delegated to avoid any potential conflict of interest, such as in the case of a complaint against the Garda Commissioner, and to allow for a decision not to investigate to be reviewed at a higher level.
This recommendation has been accepted by An Garda Síochána.
Last month, Garda Commissioner Nóirín O’Sullivan defended the force’s attitude to whistleblowers, insisting the force protects and supports them.
The report also says it is “incorrect” for disciplinary action to be taken against whistleblowers who raise concerns or make disclosures with malicious intent. The authority said this is contrary to the law, which says that the motivation for making such a disclosure is irrelevant.
The review notes that Garda whistleblower policy states that where a protected disclosure is received, the focus will be on the alleged wrongdoing rather than on the person making the disclosure.
The Policing Authority also said the whistleblower policy should further explain that those who penalise, discriminate, intimidate or harass whistleblowers will be subject to disciplinary action.
The review welcomes the creation of a dedicated email address for people wishing to make a protected disclosure.
“It is incorrect for the policy to require workers to make a disclosure to a protected disclosure manager. There is no obligation under the Act to make a report to a specific individual in the organisation or in a specific form in order for the disclosure to be protected. While it may be sensible and helpful to encourage reporting to a specific individual, this cannot be mandatory,” the review states.
Limited
The review says that current Garda policy on whistleblowers is limited and does not encourage gardaí to raise concerns. It also says the current whistleblower policy is incomplete and should outline the options available to whistleblowers who wish to report alleged wrongdoing externally. They should be made aware of the alternate organisations available to them, it says, such as GSOC and the Data Protection Commissioner.
The review welcomes a statement from Garda Commissioner Nóirín O’Sullivan notifying staff that those who raise issues will be fully supported and that “each and every Garda member must know they have the right and responsibility to raise their concerns and be confident that they will be listened to and addressed”.
However, the review says, while this is a “very welcome message” from the Garda Commissioner, “it is important that the policy itself contain such a statement, as it will be relied upon by new recruits and referenced over time in circumstances where the email will not be attached”.
An Garda Síochána welcomed the publication of the Policing Authority’s report in a statement.
“We have already started to take on board the recommendations of this report, which will help to improve our existing protected disclosures policy,” the statement said. “This is part of our overall strategy to support anybody within An Garda Síochána who comes forward to make a protected disclosure.
“We are determined that anyone who brings forward issues or concerns will be listened to and supported.”