Barry Cowen (Laois-Offaly, Fianna Fail) | Oireachtas source

I join other Members in congratulating the Minister on her appointment to a serious position within Cabinet and wishing her every success in that post. I have no doubt she will bring to bear the steady hand required to bring about effective change in the administration of justice, which has been mentioned in this report and others, maintain a stronger morale within the force and, ultimately, protect citizens by virtue of the role she and the gardaí have in that regard.

The report we are debating vindicates Sergeant McCabe and establishes that he was correct in highlighting the failures regarding the administration of justice in the Bailieborough district. There is no doubt that the findings of this report are an embarrassment for the Fine Gael-Labour Party Government, not least by virtue of the length of time in which these allegations were made, the way they were dealt with, and the way the previous Minister, unfortunately, dismissed and belittled the whistleblowers on regular occasions. Unfortunately, it is clear in hindsight that the Taoiseach also aided and abetted the dismissive attitude and belittling manner in which suggestions of wrongdoing brought to the attention of others by Sergeant McCabe were treated.

The failure of management in the Department to respond in an effective manner to the concerns raised by Sergeant McCabe is a clear indication that there must be, and I expect there will be, a dramatic cultural shift and the necessary changes that will lead to more openness and accountability. I welcome the comments made recently by the interim Garda Commissioner, who has made positive soundings in that regard. I expect that the Minister, in conjunction with the force and the Department, will bring about a root and branch reform, initially in the Department of Justice and Equality, and in the Garda Síochána. It was disconcerting to hear a colleague of the Minister say recently that the Department of Justice and Equality is not fit for purpose. I do not expect the Minister to make a rash judgment of that nature by virtue of the fact she has been in office for only a number of weeks, but she can give some indication of her initial impressions of the Department, its fitness for purpose and practice, and whether it meets the demands and realities of today rather than the demands and realities that existed in a bygone era.

I know from having spoken to members and representatives within the Garda Síochána that there is an opportunity under the Haddington Road agreement to shine a light on the force, so to speak, examine work practices and the way they carry out their duties in a regular fashion, and how that can be improved upon. Will the Minister inform the House at the earliest opportunity if any opportunity has been taken from that mechanism that exists within the Haddington Road agreement to allow Garda representatives engage in a potential root and branch overhaul of their day to day work practices vis-à-visthe improvements they believe are necessary and the costs associated with them, and pay and conditions also? That is something they have mentioned to me in the past as offering an opportunity for that to take place.

The report highlights the inactivity and the defiance of the previous Minister for Justice and Equality in the manner in which this issue was dealt with. I have no doubt that further compounded the concerns that had been raised. Mr. Guerin has recommended a full commission of investigation, and we know he asked that this be set up as soon as possible. I heard the Taoiseach say this morning that the various recommendations, references and obligations on the commission of investigation had been agreed by Government. In the meantime, has the Minister committed to changes that can be made parallel to that investigation? I am sure many changes could be made. The Minister is in the position almost a month and I am sure she has ideas as to how the changes within the administrative systems should start and the proposals she will make in that regard. While the commission of investigation is going on the Minister will need to show her willingness to work with both the Department and the gardaí to ensure those changes do nothing to affect the poor morale that exists in the force. If she is capable of doing that, there is every potential for confidence in the justice system to at least begin to be reinstated.

It would not be fair to conclude my contribution to this debate without making reference to what was asked of the Taoiseach during Leaders' Questions this morning and what will be asked of the Secretary General of the Department in committee later today. A Minister for justice has lost his job over this saga and a Commissioner resigned prematurely. I and many others do not believe it was the Commissioner's intention to resign or retire in such a fashion. For the Minister, others and Members to help reinstate the morale necessary for any future improvements or changes to be effective, it is only fair and appropriate that all the facts that can be provided by Members of this House, for example, are laid out on the table.

The Taoiseach said this morning that following receipt of the information he was full of anxiety and felt it necessary for the Secretary General to go to the home of the former Garda Commissioner and tell him of his anxiety. I do not wish to belittle the scenario that prevailed during the days in question. However, it is amazing that the former Garda Commissioner did not instruct the Secretary General to go back to the Taoiseach and tell him that whatever his anxieties, they were not caused by his inaction or inability to inform his superiors of the matters concerned, because he had informed the Minister's predecessor, Deputy Shatter, of the issues some three weeks earlier. To my mind, it was inappropriate for the Taoiseach to pre-empt the opinion and decision of Cabinet prior to their being made aware of what their colleague had been made aware of three weeks previously. It would appear, from a political perspective, to anybody who took an interest or tried to understand it that the Taoiseach, who is also the head of a political party, was seeking to protect his Minister. If the protection of that Minister meant the early retirement of a Garda Commissioner, so be it, it appears.

In the meantime, the Taoiseach has refused to explain his actions to this House or to adequately reflect his anxieties at the time. This morning it became increasingly clear that what he did was purely to protect the Minister, Deputy Shatter. The contents of the Guerin report then left the Taoiseach with no option but to ask the Minister, Deputy Shatter, to resign. As such, the Taoiseach's plan fell flat on its face. In the meantime, it appears the good name of the former Garda Commissioner is sullied. I do not believe that is fair or appropriate. It does not augur well for the efforts being made to reinvigorate the Garda Síochána and to bring about change in the administration of justice within the Department of Justice and Equality and the force that a question mark remains over the decision of a Garda Commissioner to retire early.

The Garda Commissioner is the head of the force. That the former head of the force was used in a political manner by the Taoiseach, in the absence of the full knowledge of all members of Government, politicises this matter way beyond what we would expect. If this is incorrect - which I doubt - the only way this will be taken out of the ether is if the Taoiseach answers the question asked of him on television recently and again this morning and if the Secretary General is allowed by his superiors to answer honestly the question of what exactly required him to visit the home of the former Garda Commissioner. I have heard that he said it was unusual for him to visit and speak to the former Garda Commissioner at his home. It is even more unusual that the instruction in relation to the visit cannot be disclosed. While that continues to be the case, it will be difficult for the current Minister, Deputy Fitzgerald, to bring about the type of root and branch reform that is necessary. It is wrong that the head of a force that serves us daily was used in such a way in relation to information he had given to the Minister's predecessor three weeks previously.

I hope the Minister will do her best to seek clarification on those matters. Only then can the recommendations contained in the Guerin report be implemented in a manner in which we can all have full confidence and that will be successful. If there is any seed of doubt - and there is - in relation to the issue I have just mentioned, the work of the commission of investigation and the prospect of its being meaningful in terms of the type of reform that is required will, by virtue of the inability or refusal of the Taoiseach and the Secretary General to answer the questions asked in the interests of all those we represent, be debilitated. The public are, I think, entitled to know why the former head of the force, of whom we expect so much, was used in an effort to save the political skin of a colleague in Government, without other members of that Government having been informed of the circumstances.

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