A senior Garda officer was asked by Garda Commissioner Noirin O’Sullivan about “left-wing extremists” during an interview for the post of Deputy Commissioner but was not asked about his personal views on left wing politics, two members of the interview panel have told the High Court in Dublin.
Asst Commissioner John Fintan Fanning claims the commissioner asked him about his views on “left-wing political extremism in Ireland” and on left-wing politicians during his interview for the Deputy Commissioner post last March.
He has brought High Court proceedings alleging an “unfair” competition was held for the post of Deputy Commissioner. Among various claims, he alleges Commissioner O’Sullivan should have declared a potential conflict of interest prior to the interviews and recused herself from them.
Two members of the interview board, Sean Dorgan, chairman of the Irish Management Institute, and Maragaret McCabe, of the Public Appointments Service (PAS), said in affidavits that Asst Comm Fanning was asked about left-wing extremists during the interview but was not asked about his personal views on left-wing politics, politicians or political parties.
Asst Comm Fanning, represented by Paul McGarry SC, applied to Mr Justice David Keane on Wednesday for injunctions restraining PAS, Ireland and the Attorney General taking any further steps to appoint anyone as Deputy Commissioner pending the full hearing of his action.
In his action, he claims the procedures adopted for recruitment to the Deputy Commissioner post infringed his constitutional rights, including to fair procedures and natural justice.
Conor Power SC, for the defendants, is opposing the injunctions application. The defendants deny Asst Commissioner Fanning’s claims and contend the interview was conducted in a fair and professional manner.
In his affidavit, Mr Dorgan said the interview was conducted in an “amicable and professional manner” in “accordance with the agreed format”.
Mr Dorgan said, after he asked Mr Fanning about the Morris Report (into allegations concerning certain gardai in Donegal) and the role of the force in security and intelligence matters, the commissioner asked Mr Fanning questions as to his assessment of the biggest threat to security.
After Mr Fanning replied Isis and paramilitaries in Portlaoise Prison, Mr Dorgan said the commissioner asked Mr Fanning’s view on left-wing extremists. His response was “calm and without any sign or expression of discomfort”, Mr Dorgan said.
The commissioner’s question was “a natural and logical extension of what he had raised in the interview”, Mr Dorgan said. The question “went no further” and did not involve any query on any left-wing political politicians or political parties.
“I am at a loss to understand how Asst Comm Fanning now seeks to characterise the questions in this manner, as I say it is completely at odds with the manner in which the questions were asked and answers given,” he said.
In her affidavit, Ms McCabe said the questions were asked in the context of a discussion about the demands of the role of Deputy Commissioner rather than any inquiry into Asst Comm Fanning’s personal views. Any such interpretation was “at odds” with her understanding of the nature and context of the questions asked, she said.
Neither Asst Comm Fanning nor any other candidate were asked about their personal political views, Ms McCabe said. A question was asked about left-wing extremists in the context of an answer to previous questions asked of the interviewee, she added.
Asst Comm Fanning claims that, after he talked about Isis and the risks posed by dissident republicans, the commissioner asked him what about “left-wing political extremism in Ireland” and his views in relation to left-wing politicians. He said he was “uncomfortable” being asked such a question as he was conscious he has a statutory obligation not to affiliate or associate with any political group.
He considered the line of questioning “very unfair” and presented to the interview board a picture that included reference to his possible political views. He did not believe other candidates were asked a similar question, he said.
He was among several persons shortlisted for interview by an interview board comprising Sir Hugh Orde, former president of the Association of Chief Police Officers and Dermot Gallagher, former Secretary General of the Department of Foreign Affairs as well as Commissioner O’Sullivan, Mr Dorgan and Ms McCabe.
The hearing continues.