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

I join my colleague in wishing the Minister well and congratulating her on her appointment to what will no doubt prove to be the most challenging of ministerial roles within this Government. It would be hard to overstate the gravity of Mr. Guerin's findings on the handling of the evidence of Garda whistleblower, Sergeant Maurice McCabe.

In sum, Mr. Guerin found that Garda management, the Minister for Justice and Equality and the officials in his Department all failed to properly investigate the credible and detailed allegations of Garda corruption and misconduct that Sergeant McCabe provided to them on matters including the most serious crimes in our society. He found, in short, that this whistleblower was not alone ignored by those ultimately responsible for oversight, but was made to suffer for his actions in the public interest, in defence of the integrity of An Garda Síochána and the rights of his fellow citizens. I welcome the fact that Mr. Guerin's report fully vindicates the actions and intentions of Sergeant McCabe. It is appropriate to commend him again and to pay tribute to his family who undoubtedly suffered as he did. The Taoiseach's apology to Sergeant McCabe is welcome. He apologised for the delay and inaction around the allegations the sergeant brought forward. He might also have apologised for the unjustifiable and malicious treatment Sergeant McCabe received for doing the right thing. I welcome the move to restore Sergeant McCabe's access to the Police Using Leading Systems Effectively, PULSE, system and his ability to go about his duties as an upstanding member of An Garda Síochána.

What deeply concerns me, separate and apart from the report's findings with regard to the handling of Sergeant McCabe's evidence internally within the Garda Síochána management structures, is that the Guerin report has also exposed what appears to be a culture of concealment and cover-up of wrongdoing within the Department of Justice and Equality. Among other things, Mr. Guerin's findings concern what he calls "profound systems failures" that go beyond those within the Garda Síochána. This aspect of the report's findings deserves dedicated attention and concerted action and must not be glossed over by the Taoiseach or by the incoming Minister, Deputy Fitzgerald. Their credibility and that of the Government depends on dealing with these matters. I recognise and welcome the Minister's proposal for a review of her Department.

This state of affairs, as assessed by Mr. Guerin, has contributed to a growing crisis in public confidence in policing and in the administration of justice. This is, I submit, one result of a toxic political legacy involving successive Fianna Fáil and Fine Gael-led Administrations, whose actions and inaction permitted and possibly accelerated the rot that has become increasingly apparent in revelation after revelation and scandal after scandal over recent days, weeks and months.

It is very difficult to imagine a good reason or an innocent reason that could explain why Department officials and a Minister could receive detailed complaints of the nature of those raised by Sergeant Maurice McCabe regarding Garda misconduct and not initiate an independent investigation. The report reveals this is precisely what happened, but this is not all. According to paragraph 19.100, there was actually no evidence of any detailed assessment within the Department. Instead, according to paragraph 19.101, the Minister took the word of the Garda Commissioner without question or further analysis. This was despite the fact that the Minister had been asked to exercise two specific statutory functions: to initiate a special inquiry under section 42 of the Garda Síochána Act 2005, and to direct an investigation pursuant to the confidential reporting of corruption or malpractice under regulation 8(2) of the Garda Regulations 2007. That is astonishing.

Even after the publication of the Guerin report, we still do not know what happened, or why. That this is through no fault or failure of Mr. Guerin is made clear in paragraph 19.101, which states there is a near total absence of written records of any submissions made or advice given to the Minister by his officials, in particular at the times when the exercise of specific statutory functions by the Minister arose, and no written internal records of decisions made by the Minister.

The Guerin review was therefore unable to shed any light on the reasons for the approach adopted by the Minister to the exercise of those functions. That is extremely worrying, not least I imagine for the new Minister. These findings bring into question not only the competence of the former Minister, Deputy Alan Shatter, and that of the Secretary General, Brian Purcell and the Department they led. There is no doubt about the necessity for full disclosure, and the need for Mr. Purcell's attendance before the Oireachtas Joint Committee on Justice, Equality and Defence to answer its questions. We need the full facts of the practice in the Department, and the judgments made by the Minister and his officials, that led to this series of debacles. We also need the truth of the circumstances behind the Garda Commissioner's resignation, or "retirement" to use the word he prefers. There are at least four people in a position to provide this information: the former Commissioner, Martin Callinan; the Secretary General of the Department, Brian Purcell; the Secretary General to the Department of An Taoiseach, Martin Fraser, and the Taoiseach, yet none of these individuals has come forward yet to give full clarity and detail..

More broadly, Mr. Guerin's findings bring into question the competence not only of former Minister, Deputy Alan Shatter, but the succession of Ministers who preceded him, Michael McDowell, the late Brian Lenihan, Dermot Ahern and Brendan Smith. All of these former Ministers presided over the Department of Justice since the 2006 recommendations of Mr. Justice Morris, without implementing them. It would appear that for whatever reason, despite their seriousness, they were just not taken seriously. We need to know why.

Public interest demands that the commission of investigation to be established on foot of the Guerin report should have comprehensive terms of reference to examine the systems of management and accountability not only within the Garda Síochána, but also, notwithstanding the Minister's panel and review, the commission could usefully examine those management and accountability structures within the Department of Justice and Equality. The Minister should consider that.

Moreover, the commission should forensically examine the decisions and practices of the succession of Ministers in receipt of Mr. Justice Morris's recommendations and their senior officials. The public has a right to know the reason for ministerial and departmental inaction on these recommendations over more than six years and two Administrations.

The lessons need to be learned. They clearly were not learned on foot of the Morris tribunal report. There has been a good deal of talk quite correctly around the need for not only structural and oversight change within An Garda Síochána, but a cultural shift, and I believe that is true. My colleague, Deputy Mac Lochlainn referred to the need for a leadership that is open to and capable of delivering a new beginning to policing but there also needs to be a cultural shift within the Department and Government and among senior officials and Ministers who are charged to guard, protect and oversee the administration of justice and An Garda Síochána.

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