The Guerin report raises "fundamental issues about the Garda Síochána, their investigation of criminal cases and the responses to serious concerns raised about them", Minister for Justice Frances Fitzgerald has told the Dáil.
In her first address to the House in her new portfolio, she also said the report raised fundamental issues about “Garda management and oversight, basic policing procedures and the role of bodies such as GSOC (Garda Siochána Ombudsman Commission) and the Department of Justice and Equality”.
Opening a two-hour debate on the Guerin report, which looked at a dossier of complaints by Garda whistle-blower Sgt Maurice McCabe into malpractice in criminal investigations, Ms Fitzgerald said there had to be a “programme of significant reform” of the wider historic and systemic problems.
She believed the oversight and governance of the Garda Síochána “will be transformed with the establishment of an independent Garda authority”.
Ms Fitzgerald also said “the highest levels of legal support and protection will be given to Garda whistleblowers. The remit, strength and capacity of GSOC will be enhanced to enable the effective and independent examination of complaints.”
She also reiterated there would be an open competition to fill the post of Garda Commissioner and said a wide range of Garda management, operational and procedural issues would be examined by the independent and expert Garda Síochána Inspectorate.
The Guerin report also recommended that the commission of investigation, which has been established to look at the cases raised by Sgt McCabe, should also look at the role of the Minister and that of the department in their response to those allegations.
The Minister said the Government had agreed to her proposals for the establishment of an external expert review of the performance, management and administration of the Department of Justice to be completed before the Dáil recess for the summer.
She told Fianna Fáil justice spokesman Niall Collins that this external review would only "partly" involve retired public servants. Mr Collins was concerned that it would be case of "gardaí investigating gardaí" and he expressed relief that the external review would not be conducted solely by retired gardaí or civil servants.
Mr Collins said what “really needs to be considered” were other cases not in the public domain. He added that they “may be as serious or indeed more serious, which haven’t had the oxygen of publicity that some of the 10 cases in the dossier have”.
He asked if the terms of reference of the commission of investigation “provide a facility for cases which come to the attention of us in the House or anyone who seeks to communicate with you directly, for some channel where those cases will be looked upon on their merits and be considered for inclusion in the commission of investigation”.
Sinn Féin justice spokesman Pádraig Mac Lochlainn said the Guerin report made devastating reading for senior Garda management. “We do need to see an independent Garda policing authority. We need a freshly empowered Ombudsman and Garda inspectorate.”
He added that “they need to be free from the shackles of control from the Minister”. He added that there should be a clear out of people who wanted to protect the bad old days and the promotion of reformers.
Sinn Féin deputy leader Mary Lou said dedicated attention and concerted action was needed on what a tradition of concealment and cover-up of bad Garda investigations. She said the Minister's reputation would depend on this and Ms Fitzgerald and the Taoiseach should not deflect from it.
