Oireachtas Joint and Select Committees

Wednesday, 28 May 2014

Joint Oireachtas Committee on Justice, Defence and Equality

Guerin Report: Department of Justice and Equality

4:55 pm

Mr. Brian Purcell:

That refers to another. Later on in 2012, separately to the confidential recipient, three further dossiers of allegations came to the Department. It was those dossiers that I was referring to when I mentioned that we were aware that Sergeant McCabe had issues with referring these matters to the Garda Síochána. Indeed, in some ways, and going back to Senator Zappone's question about whether we have regrets now, of course, as we stated, the procedures and structures in place for dealing with Garda whistleblowers were not fit for purpose. If one looks at it the whole idea of a confidential recipient receiving in confidence reports from a member of the Garda and then the confidential recipient having to refer it to the Garda Commissioner for investigation by other members of the Garda, while not in any way suggesting that they would not carry out a proper investigation, is, I suppose, what goes to the heart of the changes that are being considered and, indeed, that this committee is looking at. In hindsight, in response to Senator Zappone, none of us would feel that it is appropriate that investigations of complaints against a member of Garda by another member of the Garda can properly be carried out by carried out by the Garda itself. I think I have answered the question. Of course, we do have-----

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