Failures of nerve and judgement at the heart of Government

Grasping nettles is a raw business. Because of illegal behaviour within the Garda Siochána and control failures at official and political level, however, there is no other way forward. Had recommendations made by the Morris tribunal almost a decade ago been politically supported and fully implemented, these abuses might have been prevented. The Government should learn from those failures of nerve and of judgement.

The extent of the damage caused to Minister for Justice Alan Shatter, to confidence in the Garda, to the reputation of the Department of Justice, and to Cabinet relations should be obvious to all concerned. Those injuries will not be quickly repaired. They are likely to renew themselves during the coming months as the findings of various reports and investigations are made public. That is why robust and systemic reforms are urgently required.

Present controversies have their roots in Garda reluctance to accept external oversight and accountability; in a refusal to acknowledge and correct abuses of the penalty points system; in determined efforts to obstruct the work of the ombudsman commission (GSOC); to ridicule suspicions that its offices were bugged; and in the shabby treatment of the inspectorate. Protection of the traditional structures that underpin our highly politicised police force provided the sub text for those developments.

Ministers and the coalition parties disagreed publicly on a need to apologise to the garda whistleblowers and, in private, on the extent of reform required. As the political temperature rose, it was accepted that an independent police authority would have to be established. Inquiries into the handling of whistleblower allegations and of suspected bugging were set in train while a Dail committee was invited to review GSOC's powers. These carefully choreographed concessions were overtaken, last weekend, by grave news concerning long-term recording of telephone conversations at garda stations, with possible implications for criminal convictions and tribunal findings. The retirement of garda commissioner Martin Callinan followed. Mr Shatter apologised to the whistleblowers and continued in office.

Mr Callinan is said to be very unhappy. A claim that he was advised by the Department of Justice not to apologise to the whistleblowers has been denied. Advice to him that difficulties had emerged in government because of his position and the disclosure of telephone intercepts was not. The Taoiseach and Mr Shatter were dealing with that and it had not reached Cabinet. Knock-on effects on coalition relations or from the improper interception of phone conversations will take time to emerge. But public confidence in the impartial administration of justice has been undermined while the Government’s early promise of a democratic revolution looks increasingly threadbare.