Enda Kenny (Mayo, Fine Gael) | Oireachtas source

I welcome publication of the report by Mr. Justice Kevin O’Higgins and the opportunity to speak about it in the House today. Mr Justice O’Higgins covered his terms of reference in a thorough and timely fashion. I thank him for his comprehensive report. Although the matters that gave rise to the commission are well known, I think it would be worthwhile to recap briefly the main points.

Sergeant Maurice McCabe was serving as a sergeant at Bailieborough, County Cavan, when he became concerned about the force’s handling of suspected criminal offences in late 2007. His concerns were primarily about policing practice and standards relating to the quality of investigations in the Bailieboro district. In addition, he expressed concern about compliance with proper internal Garda procedures in specific Garda investigations. He was also concerned about the manner in which his complaints were treated. Sergeant McCabe made a series of complaints directly to his superiors in the Garda, to the human resource management in An Garda Síochána, to the confidential recipient and to the then Minister for Justice and Equality, former Deputy Alan Shatter.

Subsequently, in February 2014, Deputy Micheál Martin gave me a dossier containing a note by Sergeant McCabe on a large number of different matters about which he had concerns. I immediately brought the matter to the attention of the Government and the Government appointed senior counsel Seán Guerin, to conduct an independent review of the allegations. In his report, which was published in May 2014, Mr Guerin recommended the establishment of a comprehensive commission of investigation. Mr. Justice O’Higgins was subsequently appointed as the commission’s sole member. As Deputies are aware, the commission’s report was published on 11 May 2016. The report has been referred to the Garda Commissioner for examination and to indicate what further measures might be taken to try to prevent the type of difficulties outlined in it arising again. It has also been referred to the Policing Authority given its statutory role in the oversight of An Garda Síochána.

As the House is aware, the former Minister for Justice and Equality, Mr. Alan Shatter, resigned following publication of the Guerin report in 2014. I am very pleased to acknowledge that the O’Higgins report has found clearly that the former Minister acted properly at all times in relation to the handling of allegations made by Maurice McCabe. In response to a request from the former Minister, I would also like to take the opportunity to correct the Dáil record of 7 May 2014. I am happy to state on the record that the former Minister, in resigning, did not in fact accept responsibility for criticism made in the Guerin report of the adequacy of the Department and Minister for Justice and Equality in responding to allegations made by Sergeant McCabe. The former Minister set out his reasons clearly in his letter of resignation.

In recent correspondence, the former Minister, Mr. Shatter, has raised a number of other serious issues regarding the Guerin report. These relate to ongoing litigation in the courts. For that reason, it is not possible for me to respond to these points until that process has been completed. The Government will respond when that litigation is resolved, taking account of the relevant court judgements.

Mr. Shatter also made a number of suggestions as to how any future preliminary or scoping investigations should operate. I believe that these suggestions merit further examination and consideration.

I would like to emphasise, as I did at the time of his resignation, that Alan Shatter was an exceptionally hard-working, radical and reforming Minister who has left a positive legacy across the wide range of areas for which he had ministerial responsibility. As Taoiseach, I again thank him for his service, both as a Minister and as a Dáil Deputy over many years.

The O’Higgins report highlights many significant failings in relation to the incidents it investigated and makes a series of recommendations for change. While it is important that we debate these findings, we must always remember to keep the focus on the victims of crime, many of whom were not well served in the cases examined by the commission. It is also important to put on record that a significant programme of reform has been under way since these events took place. Most important, a new independent Policing Authority has been established to oversee the performance by An Garda Síochána of its functions relating to policing services. I believe the new Policing Authority will prove to be the key structural change to ensure modernisation and reform of An Garda Síochána in the months and years ahead.

For the first time ever, the previous Government held an open and independent selection process for the position of Garda Commissioner. Legislation was enacted in early 2015 to strengthen the role and remit of the Garda Síochána Ombudsman Commission, including the power to investigate complaints against the Garda Commissioner. The Protected Disclosures Act was part of the previous Government's comprehensive approach to protect whistleblowers.

It provides a new mechanism for disclosures relating to An Garda Síochána. Now a Garda member may make a protected disclosure to GSOC, which, if it believes it is in the public interest to do so, may investigate such a complaint.

The last Government also established an independent review mechanism which has made recommendations on 320 allegations of Garda misconduct or inadequacies in the investigation of such allegations. The Garda Inspectorate has also published a number of reports recommending substantial reforms to Garda operations. Taking together previous reports of the Garda Inspectorate and the recommendations of the O’Higgins report, as well as those of previous inquiries and commissions of investigation, we now have a huge agenda of reform being progressed.

I understand that the Garda Commissioner has recently finalised a new transformation programme for An Garda Síochána which takes account of many of these recommendations. To support the reform process, the Government has also committed to significant capital investment in the Garda fleet, ICT infrastructure and building projects. I believe the previous Government made significant progress in ensuring that issues of the type that gave rise to the Guerin report and other controversies do not happen again.

I wish to assure the House that this Government will build on the progress being made. The programme for Government commits to a strong and visible police force in every community. We aim to bring Garda numbers to 15,000, to double the Garda Reserve and to increase civilianisation to free up gardaí for front-line policing. Other reforms we have committed to include measures to increase public confidence in policing, enhancing the work of the Criminal Assets Bureau, reviewing the boundaries of Garda districts and the dispersal of Garda stations, tackling crime gangs, stopping repeat offenders, and modernising our courts and legal system. The Government has re-established the Cabinet committee on justice reform to oversee progress on this reform agenda.

The O’Higgins report is further confirmation of the need for fundamental modernisation and reform of policing in Ireland. I believe that we now have the structures, resources and policies to make that reform happen. This Government, under the leadership of the Tánaiste and Minister for Justice and Equality, will focus our energy on delivering a police service fit for Ireland and its people in the 21st century.

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