Peter Mathews (Dublin South, Independent) | Oireachtas source

I will proceed to another part of the conclusions made in the report. It states:

While it is beyond the scope of this review to make any determination of the complaints Sergeant McCabe has made, the documentation examined gives cause to share the concern expressed in them and, for the reasons outlined in this report, there is cause for concern as to the adequacy of the investigations that have taken place into those complaints and as to whether all appropriate steps have been taken.

I should also advert briefly at this point to an issue which has featured extensively in the documents I have examined but which is beyond the scope of my terms of reference. That is the experience that Sergeant McCabe has had within An Garda Síochána since making his complaints. I have seen extensive documentation, including the third volume of the three booklets furnished to the Minister for Justice and Equality by Sergeant McCabe's solicitors in September 2012, which gives cause for concern about the personal and professional consequences for Sergeant McCabe of his having made the complaints examined in this report and other similar complaints. It is not for me to express any view on those matters except to say that Sergeant McCabe's experience calls for examination.

I will use the analogy again of the experience of members of political parties, which are organisations similar to the organisation of An Garda Síochána in so far as they form part of Government. The experience of some Members as a result of being critical, not contrary, has been appalling. The Whip system the Government parties operate has been relentless and is similar to the relentless chain of command which has been unquestioned and used incorrectly to fail to deal fairly with justified criticisms within An Garda Síochána. I make these points to the Minister to bring to Cabinet for reflection. Nobody in the House should ever be under orders or instructions when there is a justified matter under debate or consideration - even in the context of voting - and subject to consequences which are contrary to the principles of democracy and which have deprived Members of positions on committees to which they were justifiably appointed. Those consequences should be examined by this Parliament, just as the consequences in the Guerin report should be examined.

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