Micheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

I would like to share time with Deputy Jim O'Callaghan.

I welcome the opportunity to speak on this important report. I thank Judge O'Higgins and his team for their thorough, meticulous and comprehensive, detailed work. It is important to point out that there was a cynical, selective leaking of the document in the weeks before its belated publication. Such efforts to colour and dominate the debate around the findings of the commission are deeply unhelpful and threaten to undermine the lessons to be learnt from the report. Spin can never replace substance. There was an attempt to do that in advance of the publication. I cannot point fingers in any direction, and I am not doing so, but it is very clearly evident. Subsequent to publication of the report, there was selective leaking of transcripts of evidence given before the commission which caused a public controversy and debate about issues that were not addressed in the report.

I note today’s statement from the Garda Commissioner confirming that “An Garda Síochána legal team was not at any stage instructed to impugn the integrity of Sergeant Maurice McCabe or to take a case that he was acting maliciously”. I welcome that. It was important that the Garda Commissioner addressed the allegations that were made in the public interest. In her statement, the Commissioner has also referred to the two senior officers who interviewed Sergeant McCabe in Mullingar in 2008 and she has “requested the Minister for Justice pursuant to her powers within the Garda Síochána Act to refer those aspects to the Garda Siochana Ombudsman Commission (GSOC) for the purpose of investigating it in the public interest”. I welcome that too and the Minister's decision to ask the Attorney General for advice on that. It would appear that if Sergeant McCabe had not produced his tape of the Mullingar interview, the outcome of this commission report might have been very different. This is not acceptable and should be investigated.

In the selective spinning in advance of this report's publication there were attempts made to undermine the entirety of the Guerin report. Mr. Guerin is very straight and he says particularly in his conclusion and recommendations that "It should be recorded here that the Byrne-McGinn report found that:'No malice on the part of Sergeant McCabe is established in the making of his various complaints'". He added that all his interviews with Sergeant McCabe led him to "no different conclusion". He then quotes the testimony of the men and women who worked with Sergeant McCabe. Chief Superintendent Gabriel Mclntyre said: "I found Sergeant McCabe to be very positive and energetic in his position. He displayed a strong work ethic with a strong emphasis in community policing and to providing a high standard of policing to the community." Detective Superintendent Eugene Corcoran said: "I found Sergeant McCabe to be capable and enthusiastic in his approach to his duties." Retired Superintendent Liam Hogan said: "I considered Sergeant McCabe to be an excellent Sergeant and member of An Garda Síochána. He offered 200% commitment and was my one of my most reliable members in the District." Superintendent M. Lernihan said: "I found [Sergeant McCabe] to be efficient, flexible and committed." That is important in the context of all the controversy there has been in recent weeks.

While I accept that everybody has to be tested in their testimony to a commission, if one decodes some of the language in the Garda Commissioner's statement today, there is a strong sense that there was an adversarial approach taken to Sergeant Maurice McCabe in his testimony by the Garda counsel, as opposed to an inquisitorial one, which was advanced to us here the previous week. That is my sense of a particular paragraph in the Commissioner's statement.

The contents of the O'Higgins commission report raises issues of the utmost concern to every citizen and also to the victims of crime. I urge people to read the full report because it is quite shocking. The report also makes important recommendations on victim impact statements. The Minister is correct in her description of Mary Lynch as being an invaluable witness for articulating the degree to which a victim was let down by An Garda Síochána in this incident. I have met the siblings of Sylvia Roche-Kelly who were left out of the loop for quite a long time in respect of the murder of their sister by Jerry McGrath. Even though there is a right to furnish a victim impact statement in all courts, it is not always availed of in practice. The commission rightly recommends that “a victim impact statement where relevant should be furnished in all courts”. The commission also recommends that Directive 2012/29/EU dealing with the rights of victims be implemented as soon as possible. This should be possible if there is all party agreement to introduce same in the interest of our citizens.

There is no more important or fundamental role for the State than the protection of its citizens. The people depend on the Garda Síochána to feel safe in their communities and to uphold the rule of law. We all recognise that gardaí have endured dark and difficult days, standing against profound threats to our State. On a daily basis, they face immense personal risk. A total of 88 gardaí have given their lives in the line of duty. Their work and sacrifice is the cornerstone of a safe and secure society. That is why it is so important for the national Parliament to hold the force to account and ensure we achieve and maintain the highest possible standards.

The O’Higgins commission report raises concerns that need to be addressed to secure that goal. The report is 362 pages long and its contents are quite shocking. Its establishment was recommended by the Guerin report and I believe the commission of inquiry was very necessary as there were too many accusations and too many attempts to sweep very serious issues under the carpet. This report vindicates the central recommendation of the Guerin report. There is a net issue between Mr. Guerin and Mr. Justice O'Higgins in terms of the former Minister for Justice and Equality, former Deputy Alan Shatter, and his decision not to go beyond Byrne-McGinn. Byrne-McGinn's report and its inadequacies are fairly significantly highlighted in the O'Higgins report in several areas. Given the details around Jerry McGrath's murder of Sylvia Roche-Kelly and the sequence of events that led to it, people should have gone more deeply into this case than they did. That is my personal opinion. It is an arguable point but I make it strongly. It jumped out at me when I read the dossier and what happened. We have to learn lessons about communication and lack of communication. The Guerin report did not cause the resignation of the former Minister. The Taoiseach made clear to the then Minister what had to happen when he presented him with the Guerin report. The former Minister has focused too much on saying that the Guerin caused his resignation. That is not what happened. Even before we discussed the Guerin report in this House, the Minister had resigned, saying he was doing so for political reasons because of the forthcoming local elections.

The administration of justice has been assailed by a series of controversies since 2014. There has been deep frustration amongst ordinary rank and file gardaí, as they are demoralised by the onslaught of cutbacks and a series of revelations and issues. I am also very worried that the cultural change needed in the Garda Síochána to deal with whistleblowers or any staff member who highlights the need for change is too slow and in some cases non-existent. This has to change rapidly. It is vital that we draw on the lessons contained in this report to renew and re-build the central role our police force plays in our communities.

Gardaí need to be allocated proper resources and given proper training to do this. There is an urgent need to improve morale.

This report is one of many over the past number of years. It cannot be condemned to the administrative gulag of the top shop. At the heart of this commission of investigation are a number of serious cases, ranging from savage attacks on people to a brutal murder. These cases altered lives, devastated families and damaged communities. Behind this voluminous report victims are still struggling to patch the torn fabric of their lives back together. We owe it to them to ensure the recommendations in the report are fully implemented. The victims need to receive more support to deal with what has happened to them. Our debate on this matter should not lose sight of that or descend into petty point-scoring. How we respond to the tragic impact these cases have had on the victims and their families will be the ultimate measure of our success in dealing with this report.

In early 2014 I approached Sergeant Maurice McCabe, who had a dossier chronicling a series of fundamental problems in the Bailieborough district. The scale and depth of the issues raised pointed towards systematic failings in the area. I found Sergeant McCabe to be a decent, honourable and reliable witness. On that basis, I raised the issue on the floor of the House. I discussed the issue with others. I submitted papers and the dossier to the Taoiseach so that Sergeant McCabe's concerns and allegations could be investigated properly. At that stage, I called for a commission of investigation. This was not a partisan political attack or crude agenda-driven stunt. Rather, it was due diligence and the responsible thing to do. The detail covered in the report of the commission over some ten chapters illustrates the gravity of the difficulties in the Cavan-Monaghan division, and I understand the Taoiseach came to the same conclusion, having read the dossier. Policing in the area was critically undermined by myriad errors and inaction. A cocktail of poor to non-existent supervisory structures, an over-reliance on probationary gardaí and a lack of communication with the victims led to profound failures, including a failure to properly investigate crimes and the murder of Sylvia Roche-Kelly. The judge commented on the various lines of communication that were not full or comprehensive enough between gardaí in different stations and the courts.

The frequency and seriousness of the endemic problems uncovered vindicates the recommendations of the Guerin report that a formal commission of investigation be established. The lessons to be drawn extend beyond the geographic area covered by the report. The entire force must ensure that the misconduct and failure of performance charted in the report does not occur again. Furthermore, the findings of the commission underlined the staunch reliability of Sergeant McCabe and exonerate the former Commissioner Martin Callinan, which is important and which I welcome.

It should be noted for the record of the House that the report found that Sergeant Maurice McCabe performed a genuine public service at considerable personal cost, and for this he is due the gratitude not only of the general public but also of An Garda Síochána. We must always remember that dissent is not disloyalty. Sergeant McCabe had the common good at heart in his actions. He has endured a turbulent personal period in pursuit of what he believed was right. His dogged commitment to uncovering the corrosive practices that were eroding the integrity of the force in his area have set a precedent. His example is one that will be seen by whistleblowers elsewhere, not just in the Garda but in industries, companies and sectors across the country and economy.

There were some internal attempts to demonstrate that Sergeant McCabe was an untrustworthy character, but they had no basis. There was a lot of innuendo at the time, which was unacceptable. People sidled up to Sergeant McCabe and said things about his character. There were sinister efforts to pin the blame for the issues in Bailieborough, such as the missing computer in the Father Molloy case, on Sergeant McCabe. I understand Mr. Justice O'Higgins was quite strong on that, but wondered aloud why Sergeant McCabe was the only individual brought forward for disciplinary action. That particular chapter is required reading for everybody. These attempts were rightly exposed in the report. An earlier section of the report deals with the GSOC investigation into the Mary Lynch case. Again, were it not for the fact that Sergeant McCabe recorded the conversation, he would have been put in the frame for doing something he did not do.

Such petty and damaging accusations send a clear and chilling message to whistleblowers that they will be systematically targeted and undermined. This cannot be tolerated in any workplace, particularly An Garda Síochána, which has a responsibility to uphold the law. Against that backdrop, support and backing from the hierarchy is vital to facilitate whistleblowers in calling out problems in their organisations. I welcome the statement of the Minister in that regard today, which added to the Commissioner's statement on the action that she is taking on the issue. The chasm between the private and public accounts we have discussed matters. In the Commissioner's statement today, she confirmed that a protected disclosure manager will be appointed within the Garda, which is welcomed, as is what the Minister said today. The Commissioner also confirmed that a dedicated team which will be appropriately trained to oversee all matters relating to whistleblowers will be appointed.

Efforts to reform and improve the Garda are dependent on the Commissioner's strong and committed leadership. In the absence of that, moves towards a culture shift will fall on barren ground. We need real transparency on this issue in order to drive reform.

Media reports over the weekend pointed out other prominent examples of whistleblowers in the force and further highlighted what is at stake. The sheer weight of the claims involved strikes at the core of the operations of An Garda Síochána. It is critical to the long-term integrity of the force that whistleblowers be facilitated and their claims fully and fairly investigated. We cannot allow future whistleblowers to be intimidated by the prospect of a methodical and comprehensive effort to undermine their character. The Commissioner is capable of delivering on that and continuing to take the lead on reform. It is a fertile period for reform in An Garda Síochána. There are have been some 41 separate reports into the force in the past decade and almost 800 recommendations. The establishment of the Policing Authority in January this year represents a fundamental shift in the governance of the force. It offers a mechanism and opportunity to help to bolster public trust in the Garda and revitalise its structures and personnel. I welcome the statement that the authority will conduct a detailed examination of the procedures and policies around whistleblowing.

The Policing Authority is not a panacea. We need to be careful and keep it under constant review in terms of the impact it will have. Just because we have set it up does not mean everything will change dramatically overnight. We have to make sure it has the resources and breadth of remit to bring about change and improvement in An Garda Síochána and, above all, to bring back confidence and self-belief to rank-and-file gardaí. Despite all of the commentary from the Government about the provision of resources, if one spoke to gardaí the length and breadth of the country they would say the opposite: they would say there is one car for a particular district, or sometimes no car at all. The recommendations of the O'Higgins report give us a fresh set of measures to implement.

In facilitating the minority Government arrangement with Fine Gael, we were very conscious of ensuring that the explicit commitment to ramp up An Garda Síochána numbers to 15,000, which was in our manifesto, be given effect, because it is absolutely essential to give the Garda some chance of dealing with the major challenges it faces.

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