Oireachtas Joint and Select Committees
Wednesday, 28 May 2014
Joint Oireachtas Committee on Justice, Defence and Equality
Guerin Report: Department of Justice and Equality
6:15 pm
Mr. Brian Purcell:
I have covered this matter already to some extent, but I will recap. I will start by saying that we acted reasonably, given the structures in place at the time. The structures for dealing with whistleblowers were not adequate. For this reason, they are being changed as part of the reforms.
If one examined any of these cases in isolation, one might view it in the way being described by the Senator, but the matters had been investigated by the Garda and considered by the DPP from the criminal offence perspective. Crucially, they were sent to GSOC under the terms of the relevant section in the confidential recipient regulations. When the cases are examined together, the action taken was not unreasonable. As I made clear, we now know that the structures in place for dealing with Garda whistleblowers were not adequate or fit for purpose.
I might make the point that I am only referring to the Garda because that is the matter being discussed, but it is probably fair to say that structures elsewhere for dealing with whistleblowers, be they in the Civil Service, the public sector or the private sector, are not adequate. This is one of the reasons for the Minister, Deputy Howlin, introducing legislation to deal with the situation.
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