Mary Lou McDonald (Dublin Central, Sinn Fein) | Oireachtas source

At the outset, I will read some of the Minister's comments and sentiments that I share back to him. I also:

see the introduction of such protections as a catalyst for a change which views openness and transparency as an asset rather than a liability and as a change towards a culture that values the contribution of employees and citizens and recognises those contributions as positive, effective tools in working towards the achievement of the common good rather than as something to be limited or destroyed. Good governance clearly demands that persons in positions of power and management, be open, responsible and accountable for their actions.

I say "Bravo" to that.

I welcome this legislation and acknowledge the Minister's personal efforts to ensure the commitment to whistleblower legislation was included in the programme for Government and now is being delivered. However, the irony of the Minister presenting the Protected Disclosures Bill will not be lost on the many people who have followed recent events and in particular those pertaining to the Committee of Public Accounts. It is the Minister's own commitment to this legislation and its spirit that makes public commentary by Ministers, including the Minister himself, in advance of the Garda whistleblower coming before the Committee of Public Accounts last week so unsatisfactory. I believe Ministers cynically used the media to undermine the motivation of the Opposition members of that committee and in turn the committee itself and perhaps even the credibility of the whistleblower himself. However, the Government had form in this regard. The Minister, Deputy Howlin, will recall that on the occasion of the publication of the O'Mahony report, which was an internal Garda investigation into the penalty points issue, the Minister for Justice and Equality, Deputy Shatter, rubbished whistleblowers within An Garda Síochána, and the serious charges they had made. I refer to the serious issues they had raised with An Garda Síochána confidential recipient, in respect of which they had been in contact with the Departments of the Taoiseach and Transport, Tourism and Sport, the serious allegations that caused them to make contact with the Road Safety Authority and which brought them to the Office of the Comptroller and Auditor General. However, the Minister, Deputy Shatter, chose to abuse his position as Minister for Justice and Equality and to make derogatory remarks in respect of these two individuals. One cannot have it both ways. Either the Government, in its totality, genuinely is committed to a culture of openness and transparency and values the essential role of whistleblowers in good governance and accountability or it does not. The problem, as this debate gets under way, is that the Government has sent out a clear message that whistleblowers, certainly in respect of An Garda Síochána, were to shut up and put up. This position is wildly at variance with the Minister's words this evening, which I read back to him. This should give everyone cause for reflection.

It is my view that the Committee of Public Accounts, of which I am a member, has been and always is vigilant in its public commentary on the allegations of the Garda whistleblowers. This is a matter of significant public interest and one should not forget that under the existing legislation, gardaí are permitted to bring such matters to the attention of Members of the Oireachtas. As the Minister is aware, it is the responsibility of the Committee of Public Accounts to examine reports by the Comptroller and Auditor General and this it did. Moreover, as part of its routine work, committee members can and routinely do seek oral and written evidence to support their investigations. I of course accept the penalty points allegations could have been referred to the Garda Síochána Ombudsman Commission some time ago when it became clear the internal mechanisms of An Garda Síochána had not dealt adequately with the matter. More than a year had passed since my colleague, Deputy Mac Lochlainn, first called for an independent inquiry into the matter and for a referral to the Garda Síochána Ombudsman Commission, as it was clear at that stage that the totality of issues could not be resolved internally. In this respect, the Minister for Justice and Equality and the Cabinet, of which the Minister is a member, failed miserably to show the necessary leadership in a difficult situation. Instead, the problems, allegations and worries rumbled on in the public domain until at last, it ended up at the door of the Committee of Public Accounts.

The comments of the Minister and his colleagues were unwarranted, unfair and not based in fact, and were deliberately aimed at undermining the aims of the Committee of Public Accounts.

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