Niall Collins (Limerick, Fianna Fail) | Oireachtas source

I welcome the opportunity to speak on this important topic, which flows from the Guerin report and which has dominated the political agenda for a long time, both inside and outside of the House.

At the outset, I publicly and formally wish the new Minister, Deputy Frances Fitzgerald, all the best in her new role. Hers is an onerous task. It is one of the most daunting challenges facing any Minister. Personally and publicly, I wish her well. We on this side of the House will do what we have always strived to do, which is to give constructive opposition to the Government and seek to serve the public interest in the best way possible. I also publicly acknowledge that the former Minister, Deputy Shatter, has departed and, on a personal level, wish him well in the new phase of his career where he finds himself.

The Guerin report is a comprehensive report. It stretches to more than 300 pages. I compliment Mr. Guerin SC on producing the report in such a timely manner. It is quite detailed and extensive and he consulted over an extended period, particularly with Sergeant Maurice McCabe. There are many issues flowing from it which I hope to address in this contribution.

The Guerin report has shown that Sergeant Maurice McCabe was correct in his actions to highlight the failure to administer justice in the Bailieborough Garda district. Its findings are an embarrassment for the Government, which denied that there was ever any issue in the justice area and defended the former Minister, Deputy Shatter, month after month. The former Minister dismissed and belittled the whistleblowers and was supported by the Taoiseach while doing so.

The failure of Garda management and the Department of Justice and Equality to respond in an effective manner to the concerns raised by the Sergeant McCabe is a clear indication that there needs to be a dramatic culture shift in order that there can be more openness and accountability. There needs be a root and branch reform in the Department of Justice and Equality and in An Garda Síochána.

The inactivity and defiance of the former Minister for Justice and Equality compounded the issues of considerable concern raised. Mr. Guerin SC has recommended that a full commission of investigation should be set up as soon as possible. That is something I and my party have called for and we welcome that recommendation. In the meantime, changes within the administrative systems should start immediately. Morale in the Garda force needs to be improved while confidence in the justice system is reinstated.

The Guerin report was established to review the allegations made by Sergeant Maurice McCabe and the actions taken by An Garda Síochána in response to those allegations. Mr. Seán Guerin SC was asked to conduct this report by the Taoiseach after the Fianna Fáil leader, Deputy Martin, furnished the Taoiseach with a dossier of documents given to him by Sergeant McCabe. This dossier included reports of crimes that were mismanaged or ignored.

The report reviews the alleged malpractice within the Bailieborough Garda district, reviewing ten incidents as well as an overview of the Garda investigations into complaints by Sergeant McCabe, the role of the Garda Síochána Ombudsman Commission and the role of the Department of Justice and Equality. It states: "The deficiencies identified in the investigations considered in this review, if they were widely replicated, would be a challenge to public confidence in the criminal justice system itself."

The report's conclusions confirm that there was no malice on the part of Sergeant McCabe in making his various complaints. It is a fact that Sergeant McCabe was entirely vindicated. The report's conclusions also state that the former Minister for Justice and Equality was not, and An Garda Síochána currently is not, willing to heed the voice of an ordinary member in raising complaints, and that it is desirable that a comprehensive commission of investigation be established under the Commission of Investigation Act 2004 to investigate the issues that remain unresolved arising from the complaints made by Sergeant McCabe.

The report also states that a review must be carried out on a number of procedural matters of An Garda Síochána including: procedures for taking of a statement amounting to a withdrawal of a complaint of a criminal nature; where disciplinary proceedings are taken against a probationary garda, a report should be conducted on the adequacy and effectiveness of the supervision of that garda; the procedures ensuring CCTV footage is obtained; a review of the operation of the PULSE system; the operation of station bail; the use of section 2A of the Bail Act 1997; and the direction and guidance to members of An Garda Síochána on victim impact statements, psychiatric reports, the procedure for dealing with complaints, the making of contemporaneous notes, the taking of statements of evidence and the updating of those statements. It also states that the Department of Justice and Equality should review its procedures for the assessment of complaints made by the Minister on any aspect of the administration, operation, practice or procedure of An Garda Síochána or the conduct of its members for the determination by the Minister of applications for the exercise of the specific and regulatory functions available to the Minister in that regard.

The report states that the former Minister for Justice and Equality could have utilised two legislative provisions in addressing concerns raised by Sergeant McCabe. These are the power to establish a special inquiry pursuant to section 42 of the Garda Síochána Act 2005, as amended, and the function provided for in regulation 8(2) of the Garda Síochána (Confidential Reporting of Corruption or Malpractice) Regulations 2007, SI 168 of 2007. These available ministerial functions would have enabled the former Minister to ensure an investigation, independent in the true sense of An Garda Síochána, could have been conducted into matters that may have been the subject of a complaint made to him, and Deputy Shatter failed to use these statutory provisions.

There is also no evidence of any detailed assessment within the Department of any of the allegations made by Sergeant McCabe or of the responses received from the former Commissioner, Mr. Callinan. It appears the former Minister accepted the former Commissioner's word without any questioning whatsoever. The advice received from the former Commissioner was acted on by the former Minister "without that advice being questioned or analysed". The report reads "there is cause for concern" as to the former Minister's approach to the complaints made and the lack of action taken. It appears the former Minister gifted his duties in this regard to the former Commissioner.

In chapter 19, Mr. Guerin mentions that Sergeant McCabe sent an e-mail in 2009 to the former Minister, Dermot Ahern, confirming that the complaint he made in regard to malpractice and corruption in Baileboro Garda District, Cavan-Monaghan was being investigated. The private secretary replied to say that the investigation should be allowed take its course. The report states that a commission of investigation into the matters outlined must be established in order to understand why the malpractice in Bailieboro Garda district was allowed to continue indefinitely despite the issue being raised at the highest level of An Garda Síochána and the Government. Fianna Fáil fully supports the call for a commission of investigation and believes this commission should be kept separate to any other commission which has been already established by the Government investigating matters relating to An Garda Síochána.

The alleged malpractice in Bailieboro undermines the foundations of our criminal justice system. It also undermines the morale of all members of An Garda Síochána. In order for public confidence to be restored in An Garda Síochána it is necessary to establish fully and frankly how the situation surrounding the malpractice in Cavan was allowed to occur, continue and be covered up over such a long period of time.

It is clear that the management of An Garda Síochána and the disciplinary and complaints procedures present need to be reformed. The introduction of an independent policing authority is central to ensuring that the matters raised by Sergeant Maurice McCabe do not happen again. The management of the Garda force must also be reviewed in light of the failure of the former Commissioner, an assistant commissioner and a number of other senior officers to deal with the complaints made by Sergeant McCabe in an effective and reasonable way. The lack of appropriate supervision and management guidance by senior Garda officers in Cavan is a striking finding in the report.

In her opening statement, the Minister said the Government has decided to fill the position of Garda Commissioner subject to an open competition. That is a good decision. Questions have been asked as to whether that position will be filled prior to the establishment of the new authority. There needs to be a degree of transparency around the procedure and process for filling that vacancy. Who will do the interviewing and how will we go about advertising the vacancy on a worldwide basis? If we are opening it up to competition, it must obviously be done internationally. I do not have any preference. The best person may be an internal candidate within An Garda Síochána or it may not be. I do not have a fixed view on that. However, consideration needs to be given as to whether that post will be filled on a permanent basis before the establishment of the new policing authority.

A number of other questions follow on from that. The former Garda Commissioner, Martin Callanan, had engaged in a series of interview processes to fill vacancies at the rank of deputy commissioner and assistant commissioner. I understand that was a top-level appointments committee or TLAC-style competition, though not formally run through the TLAC process. Do those interviews stand? Will the people who were successful, or potentially successful, still stand, given that the person who would have been central and very much a key stakeholder or player in that process, the former Garda Commissioner, has now departed the stage? Or will that interview process be negated and, if so, will it start all over again, similar to the vacant Garda Commissioner post, with the advent of the new policing authority?

The structure of An Garda Síochána will be part of the ongoing reform. The Minister rightly mentioned a review process under the Haddington Road agreement. This was discussed at yesterday's hearings of the Committee on Justice, Defence and Equality. There has been some commentary on the fact that the last extensive review of the structure of An Garda Síochána was held in the 1970s by the Conroy Commission.

Some people feel the organisation is too flat, while others feel it may be top-heavy at some levels. Is it intended to review the structure of different grades and ranks within An Garda Síochána? We can argue indefinitely about the strength of the force and whether it should be 13,000, 14,000 or 15,000 but it is a debate for another day.

In her speech, the Minister acknowledged that the follow-on from the Morris tribunal culminated in the Garda Síochána Act 2005. While it did not get everything right, most of the recommendations were taken on board. GSOC was established, as was the Garda inspectorate. In addition, the professional standards unit within An Garda Síochána was also established. The Garda inspectorate has made a huge impact on the effectiveness and efficiency of the workings of An Garda Síochána. At yesterday's committee meeting, the inspectorate's representatives were able to demonstrate coherently how they were concerned with systems within An Garda Síochána.

It is good to have the benefit of the experience of people like Mr. Olson and his colleagues who have international expertise. Will the new Garda inspectorate form part of the new policing authority or will it be kept separate? Various views were expressed at the committee yesterday as to whether that entity is really under the remit or control of the Minister, or if it is a separate and stand-alone body.

The proposed policing authority must be truly independent. Members of the Committee on Justice, Defence and Equality intend travelling to the North of Ireland and Scotland to look at their models. Obviously, there must be a board. My own view, which was echoed by many civil society groups at the committee yesterday, is that the new policing authority's members should not be appointed by the Government. They should be appointed by a process that could be overseen, for example, by the Public Appointments Commission.

It was also said yesterday, and I agree, that there should be some public representatives on the board of the new policing authority. We can debate how one goes about that. At the end of the day, however, public representatives are the people's representatives. In addition, members of the public and representatives of civil society groups will also form part of the board.

The Minister also referred to the expert review of her new Department's workings, which is being undertaken. It is felt that is necessary and it will be quite an interesting exercise. She did not say, however, who is conducting the review. She may have said so previously but, if so, I am not aware of it. Has it been decided who will conduct the review? I have heard it mentioned that it will be conducted by retired former civil servants, but is the Minister saying that is not the case?

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