The Supreme Court will rule on Tuesday on an appeal over Alan Shatter’s successful challenge to sections of barrister Sean Guerin’s report concerning the former Minister’s handling of complaints of Garda whistleblower Sgt Maurice McCabe.
Mr Guerin’s appeal is against a Court of Appeal decision that “seriously damaging” “conclusions” in the report were reached in breach of Mr Shatter’s rights to fair procedures and natural and constitutional justice.
The appeal court declined to quash the disputed sections, saying that was a matter for negotiation between Mr Shatter and the government that commissioned the report.
The report was given in May 2014 to then taoiseach Enda Kenny, who later published it.
Mr Shatter resigned as minister for justice after the taoiseach said he could not express confidence in him.
In the appeal before a five-judge Supreme Court, it was argued Mr Shatter was not entitled to take proceedings against Mr Guerin over a “scoping exercise” report which involved no “conclusions”.
A government would face “significant difficulties” if someone asked by it to produce a report, sometimes within a very short period of time on a matter of urgency and importance, could be later subject to judicial review, it was argued. The fact the report was published and Mr Shatter resigned did not alter the position, it was also submitted.
In opposing the appeal, lawyers for Mr Shatter said his case involved a “simple claim” his good name was attacked in the report without his being given the “most basic” right of fair procedures, the right to be heard. The issue for the court to decide was whether Mr Shatter’s constitutional rights were impermissibly infringed in a manner that gave rise to a right, and a duty, on the court to intervene, it was submitted.
