Enda Kenny corrects Dáil record at request of Alan Shatter

The Taoiseach agreed to a request from former minister for justice Alan Shatter to correct the Dáil record on the Garda whistleblower controversy.

Enda Kenny was opening the debate yesterday on the O'Higgins commission of investigation into allegations by Sgt Maurice McCabe of malpractice in the Cavan-Monaghan Garda division.

He recalled Mr Shatter had resigned as minister following the Guerin report on the allegations which preceded the O’Higgins commission.

“In response to a request from the former minister, I would also like to take the opportunity to correct the Dáil record of May 7th, 2014,’’ he added.

“The former minister set out his reasons clearly in his letter of his resignation. I am very pleased to acknowledge that the O’Higgins report has found clearly he acted properly at all times in relation to the handling of allegations made by Maurice McCabe.’’

Mr Kenny said in recent correspondence Mr Shatter had raised a number of serious issues regarding the Guerin report which related to ongoing litigation in the court. For that reason, Mr Kenny said it was not possible for him to respond to those points until that process was completed.

“The Government will respond when that litigation is resolved, taking account of the relevant court judgments,’’ he added.

Commissioner

Tánaiste

Frances Fitzgerald

said: “I want to emphasise that I continue to have every confidence in the Garda Commissioner” Nóirín O’Sullivan.

Ms Fitzgerald, who last week deflected questions in the Dáil and media on the issue of confidence in the commissioner, said Ms O’Sullivan “faces the same challenges faced in the transformation of any large organisation and the particular challenge of doing so while meeting the daily demands, as we see today, placed on an organisation charged with protecting the people and the State from crime.

The Minister for Justice also said she would use her legal power to ask the Policing Authority to examine the procedures and policies around whistleblowing in An Garda Síochána "and to prepare a report on the matter to include any recommendations necessary".

The Minister said the O’Higgins report must be considered carefully in its totality. “The report identifies cases where victims of crime were failed by An Garda Síochána. That is as unacceptable as it is disheartening and we must take all actions open to us to ensure these shortcomings are not repeated.”

Ombudsman

Ms Fitzgerald said the Garda Commissioner had asked her to use the legal powers available to her to ask the Garda Síochána Ombudsman Commission to investigate matters alleged to have occurred in respect of a meeting in Mullingar involving certain officers.

The Tánaiste said she intends to do this and is consulting the Attorney General about the precise nature of such a referral. “I welcome the fact that the commissioner has requested this action and I recognise, as I am sure other deputies do, that this issue has led to significant public concern. It is right that we try to establish the truth of the matter.”

Independents 4 Change TD Mick Wallace named the two Garda officers he claimed were at that meeting as Superintendent Noel Cunningham and Sergeant Yvonne Martin.

He hit out at the Garda Commissioner and said that Ms O’Sullivan might think she could throw her legal counsel “under the bus”, but “she isn’t getting away” with it.