Michael McNamara (Clare, Independent) | Oireachtas source

I want to focus on head 29 of the Bill, which states that the Garda Commissioner shall keep the Minister and the Secretary General of the Department of Justice informed of matters relating to significant developments concerning the preservation of peace and public order in the State, the protection of life and property in the State and the protection of the security of the State; significant developments that may reasonably be expected to affect adversely public confidence in An Garda Síochána; matters relevant to the accountability of the Government to the Houses of the Oireachtas; and any other matters that, in the Commissioner's opinion, should be brought to the Minister's attention. That provision very closely mirrors the existing Garda Síochána Act, section 41 of which provides for pretty much the same thing, including any other matters that, in the Commissioner's opinion, should be brought to the Minister's attention.

In the past, that has given rise to some political controversy. The Chair may recall that when the former Deputy, Alan Shatter, was Minister for Justice and Equality, he received information from Commissioner Callinan about Mick Wallace and a road traffic offence at the Five Lamps in Dublin, which was deemed to be pretty close to political policing. The specific question that I have relates to an incident in August 2020, when the then EU Commissioner, Phil Hogan, was cautioned for using a mobile phone while driving at the time that he was having a bit of a dispute with the Government. He was not caught with a bag of Kalashnikovs in the boot. There was no great threat to State security or anything like that. He was caught with a mobile phone in his hand. We were subsequently told that the Commissioner brought this to the attention of the Minister for justice. She brought it to Cabinet and the Cabinet duly used it to get rid of a Commissioner that they were under political pressure to get rid of to save their own hides. Of course, every offence is potentially serious. Receiving a caution for using a mobile phone while driving is not the most serious criminal offence and certainly is not the most serious road traffic offence. On what basis did the Commission form the opinion that this information should be brought to the attention of the Minister for justice?