The fallout from the O’Higgins report continues this morning with the emergence of further details of exchanges between the commission of investigation and Garda Commissioner Nóirín O’Sullivan’s legal team.
RTÉ last night reported that Colm Smyth SC, for Ms O’Sullivan, said early in the O’Higgins hearings his instructions from the commissioner were to “challenge the integrity of Sgt (Maurice) McCabe”.
But, as Pat Leahy reports this morning: "On the morning Ms O'Sullivan was to give her evidence, Mr Justice O'Higgins sought further clarification and Mr Smyth informed him his 'instructions at all times were to challenge the motivation and credibility of Sgt McCabe'. He said it was an error on his part when he had earlier stated he was instructed to challenge Sgt McCabe's integrity'."
Mick Clifford, who has led the coverage of Garda controversies in the Irish Examiner over a number of years, details some O'Higgins transcripts here.
Political pressure is undoubtedly increasing on the commissioner but it seems her position is safe, unless a major new revelation emerges.
On Prime Time, Minister for Justice Frances Fitzgerald failed to give Ms O’Sullivan a ringing endorsement but her spokesman later clarified that she has absolute confidence in the commissioner.
A more important contribution, however, came from Fianna Fail’s justice spokesman Niall Collins, who also rowed in behind Ms O’Sullivan.
“We really need to draw a line under this,” said Mr Collins, adding that the “public wants to move on” from the various Garda controversies of recent years.
Underlining the point, a party source last night said: “We are not calling for the commissioner’s head.” It became clear yesterday that, despite Micheál Martin’s concerns about the treatment of Sgt McCabe, there is no great desire in Fianna Fáil to unseat Ms O’Sullivan.
It is expected the party will request that privilege is waived so clarifications on the proceedings of the O’Higgins Commission can be given and that the two officers whose interview with Sgt McCabe led to the questioning of the whistleblower’s character be disciplined.
Some in Fianna Fáil have never been entirely comfortable with a full-blooded attack on An Garda Síochána, even when Martin was to the political force during a number of controversies in recent years.
Mr Collins and other party spokespeople have been careful in their language, perhaps for fear of offending members of the force who would be inclined to vote Fianna Fáil.
The Limerick TD has now shored up Ms O’Sullivan’s position, with Fianna Fáil leaving others like Mick Wallace and Clare Daly to call for her head.
Alan no mates
The Labour parliamentary party will meet again today to try and bring some clarity to the party leadership race - and whether there will be a proper contest.
After a marathon meeting yesterday, Alan Kelly still had not secured the support of one of his six Dáil colleagues to second his nomination. His failure to do so makes it all the more likely that Brendan Howlin will be the only candidate when nominations close on Friday, and will therefore become party leader.
Both The Irish Times and the Irish Independent suggest Limerick's Jan O'Sullivan will come under pressure to second Mr Kelly.
Ms O’Sullivan is said to have come under pressure from party members in Limerick to allow her near neighbour in Tipperary enter the leadership race. The former minister for education, who has entertained thoughts of leadership herself, is personally supportive of Mr Howlin and it would be a huge leap for her to facilitate Mr Kelly.
Some party members are pressuring the parliamentary party to facilitate Mr Kelly’s candidacy. As of last night, however, this had not yet developed into a tsunami from the rank and file that would be needed to influence Labour TDs.
Time is running out for Mr Kelly.