Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

I propose to take Questions Nos. 1 and 2 together.

I was surprised that Deputy Collins raised this matter because it is my recollection that approximately one week prior to me relieving Mr. Connolly of his position, Deputy Micheál Martin said that his position was untenable and I had presumed that Deputy Collins agreed with that.

I detailed in the Dáil yesterday my reasons for relieving the confidential recipient of his duties. The background to this matter is as follows. The Garda Síochána (Confidential Reporting of Corruption or Malpractice) Regulations 2007, made under the Garda Síochána Act 2005, provide for the appointment of an independent confidential recipient. The independent confidential recipient was designed to enable members of the force and civilian support staff to report, in confidence, instances where they believe there may be corruption or malpractice within the Garda Síochána. Mr. Oliver Connolly was appointed as confidential recipient with effect from 18 July 2011 for a three year period. The appointment followed the required consultation with the Garda Commissioner, the Garda Síochána Ombudsman Commission, the Garda Inspectorate, the Garda representative associations and the trade unions or staff associations representing civilian staff.

Rumours were circulating for some time regarding the existence of an alleged tape and transcript of a confidential conversation between Mr. Connolly and Sergeant Maurice McCabe. Given the importance of the office's confidentiality, no Minister for Justice and Equality could properly seek out such a transcript or tape. However, following an alleged extract from the alleged tape being placed on the Dáil record, I asked my Department to contact Mr. Connolly outlining my concerns that if the conversation as reported had taken place, then his actions had undermined the office of the confidential recipient.

Contacts with Mr. Connolly over the following two weeks did not satisfy me as to his response to the controversy. I wrote to him on 19 February 2014 and informed him that, in the context of his failure to unequivocally repudiate the content of the alleged conversation or take the necessary action to restore public confidence in the office of confidential recipient, I believed his position was untenable and I had no alternative but to relieve him of that position.

I have publicly said that I do not believe the office of confidential recipient and the legislation applicable to it is fulfilling the objective for which it was established. I have stated my intention to abolish the office and to enable members of An Garda Síochána who allege misconduct within the force to have their complaints considered and addressed by the Garda Síochána Ombudsman Commission. The Cabinet has agreed in principle that an appropriate amendment to the Protected Disclosures Bill 2013 should be prepared to enable the Garda Síochána Ombudsman Commission to be prescribed under that Bill as a body to which disclosures may be made by members of the Garda Síochána.

Interim arrangements will be made to fill the post of confidential recipient by the appointment of a retired judge. Every effort will be made to expedite the necessary consultation process so that the appointment can be made as soon as possible.

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