Niall Collins (Limerick, Fianna Fail) | Oireachtas source

Listening to the Minister's statement in the Dáil this morning and following events as we have been in recent weeks, we would all agree that nobody in this House - no party and no individual - has a monopoly on pledging support to An Garda Síochána or wanting to see the force do the right thing. That is to what everybody in the House aspires. Unfortunately, part of the commentary has been about who can articulate the most support for the Garda. No more than the media, politicians and every other profession in the modern world, gardaí are and must be subject to scrutiny and oversight. Irrespective of whether individuals like it, that is the way it is and we in this House must support it.

What I have found most disturbing about events in recent days, weeks and months is the entire approach to the whistleblower, Garda Maurice McCabe. When members of the public who have been following the debate ask themselves whether they believe the Minister's version of events or Garda McCabe's version, their answer is not coming down in favour of the former. That is where the problem lies. We have had a whole series of events, briefings to the media, documents released and so on. At the back of it all, however, we have a serving garda sergeant who has been completely discredited in this House. That is most regrettable.

It is not good enough for the Minister to deliver a statement in the House this morning, 5,600 words in length, but not find it within himself to express regret or issue an apology to Garda McCabe. There has been too much confusion, spin and misinterpretation and too many red herrings. The fact is Garda McCabe was not interviewed by the O'Mahony inquiry. To say he did not co-operate completely undermines his credibility and character. How many people have lined up in recent weeks to testify to Garda McCabe's bona fides? Members of the Committee of Public Accounts, including Deputy Charles Flanagan, from right across the political spectrum, sat with me in a television studio and discussed this. People who have engaged with Garda McCabe say he stands up to rigour and scrutiny. Yet the Minister for Justice and Equality chose to come in here and discredit him. That is very regrettable and he must find it within himself to correct the record in that regard.

What message does his attitude send out to other potential whistleblowers? Yes, we have legislation going through the House. However, if the Minister of the day in the particular Department in the civil or public service in which an individual intends to blow the whistle is seen to act like the Minister, Deputy Shatter, has acted in this matter, then we have a problem in that the legislation simply will not work.

Neither the Minister nor the Taoiseach dealt properly with the questions that were raised about why Oliver Connolly was relieved of his functions as confidential recipient. In effect, the Minister said in his statement that he had to sack Oliver Connolly because he did not deny or disown the truth of what he said to Maurice McCabe. The fundamental aspect of the matter is that the confidential recipient has been dropped because, as the Minister said in his statement, he did not repudiate or deny what he said to Maurice McCabe. The lever was pulled and the trapdoor underneath him was released. The attitude of "shoot the messenger at all costs" is corrosive to the administration of justice. The Minister previously used a private and confidential briefing to seek to discredit a Deputy in this House. A huge political problem has manifested itself around the Minister, who is in a sensitive position as Minister for Justice and Equality. He cannot think there is no problem doing what he did to Deputy Mick Wallace or Sergeant Maurice McCabe. If he thinks he can keep going, on the basis that this will pass and move on, that would be hugely corrosive.

We are looking for an independent commission of investigation. It is worth reminding the House of what the Minister said prior to the establishment of the Morris tribunal:

I am making no judgment on the truthfulness or falsity of any of the allegations made. I am saying, however, that these allegations cast a shadow over the integrity of the Garda force and it is in the vital interests of the State and the Garda Síochána that all of the allegations made be investigated by an independent tribunal and the true position made known.

He went on in the same vein by suggesting that an independent tribunal of inquiry was needed. He continued:

This is not a banana republic. It is a parliamentary democracy which is dependent for the policing of this State on the Garda Síochána from whom we expect the highest standards of integrity and adherence to the law.

That is true. The Minister said that while calling for the establishment of a tribunal of inquiry. It should not take an external barrister to tell the Government what is the right thing to do. The right thing to do is to establish a commission of investigation under the 2004 Act. It is the most fit-for-purpose vehicle available to all. It would stop the narrative which is going on across the country. People are concerned that the Garda is at the centre of a political discourse and a media narrative to the effect that something is wrong. We must face up to the fact that there are things may have been wrong. The only way to do that is to have an independent commission of investigation under the 2004 Act.

The Minister did not come in here today in a spirit of humility or public service to tell us he did something wrong and to correct the record in regard to Maurice McCabe. He came in here to continue to stonewall the call that has been made by me, my party and other Deputies. He did not try to put the record straight. I ask him to make a final effort to look within himself to see whether he can do the right thing by Maurice McCabe. Does the Minister have it within himself to correct the record and to say to Maurice McCabe that he got it wrong? People get things wrong all the time. The Minister should come in, put up his hand and say "I got it wrong". If he cannot come in here and tell Maurice McCabe and the rest of us that he got it wrong in the case of Maurice McCabe, the Government's problem, which is crystallised around the Minister, is not going to go away. I will conclude by putting to the Minister a question that I intend to put to him again on Question Time. Does he have it within himself to apologise and correct the record of the Dáil? Can he reach inside himself to say that he completely discredited this man and that he is taking this opportunity to put the record right?

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