Kenny does not rule out commission of investigation into McCabe allegations

The Government has not ruled out establishing a commission of investigation to examine alleged misconduct and negligence by gardaí, the Dáil was told.

Taoiseach Enda Kenny said it would go ahead if recommended by barrister Seán Guerin, who has been asked to examine the issue.

Mr Kenny said Mr Guerin, “an experienced and respected criminal lawyer’’, would assess the various issues and allegations raised by Sgt Maurice McCabe since 2008.

“The terms of reference for this work are currently being finalised,” Mr Kenny said.

He said he hoped Mr Guerin's report would be completed before the Easter recess, when it would be laid before the Oireachtas and published. "I believe it is the prudent way to proceed in view of all the comments and allegations and documents surrounding these matters."

Time set aside
Mr Kenny said all of today's Dáil business would be set aside for statements on the Garda controversy, except for Opposition Leaders' Questions, and that Minister for Justice Alan Shatter would answer questions at the conclusion of the debate.

The Taoiseach said the Cabinet had approved an amendment to the Protected Disclosures Bill, protecting whistleblowers, to enable serving gardaí to take complaints directly to the Garda Síochána Ombudsman Commission (GSOC).

Pending the enactment of the legislation, an interim confidential recipient would be appointed to receive complaints from serving gardaí.

The Taoiseach said Mr Shatter had acted immediately when he received information regarding investigative methods and processes in 2012. He read it and made contact with the Garda Commissioner through his secretary general.

Mr Kenny added that 12 distinct allegations were made in respect of a superintendent. A report of an investigation, together with supporting documentation, was presented in 10 volume files to the office of the Director of Public Prosecutions (DPP) which directed that no prosecution should be pursued.

Independent of Oireachtas
"That is the decision of the DPP's office, which is completely independent of the Oireachtas," he added.

Mr Kenny said public confidence in the Garda Síochána and its oversight was something that was, rightly, of great importance to the Dáil.

“In recent weeks, a number of events have served to weaken and undermine that confidence. I am determined that public confidence in these fundamental institutions be maintained and rebuilt, and the best way of achieving that is to establish the truth in all of these matters.”

Fianna Fáil leader Micheál Martin said Mr Guerin would not have a statutory basis for his investigation or the powers of “compellability”. “The only vehicle that can enable the Government or the Oireachtas to do that is a commission of investigation under the Commissions of Investigation Act 2004,” he said.

Sinn Féin leader Gerry Adams said a credible and acceptable way of bringing "this chaotic episode to a conclusion" would be to set up an independent inquiry under the Act.