Peter Fitzpatrick (Louth, Fine Gael) | Oireachtas source

I welcome this opportunity to participate in the debate on the report of the O'Higgins commission. I thank Mr. Justice O'Higgins, a highly distinguished retired High Court judge, for his comprehensive report. The report is of the highest standard and clear in its findings. The Government has accepted the report and has undertaken to act on it.

The O'Higgins commission of investigation was established to investigate and report on certain matters in the Cavan-Monaghan division of the Garda Síochána. It arose as a result of the May 2014 report from Sean Guerin to An Taoiseach concerning allegations made by Sergeant Maurice McCabe. As a result of that report the Government accepted that a commission of investigation was in the public interest so as to ensure that the public continue to have confidence in both the Garda Síochána and the criminal justice system.

While it is clear that the report found evidence of human error by members of the Garda in relation to various incidents included in the commission's terms of reference it also clear that no evidence of Garda corruption was found. However, a number of failings were identified and included individual gardaí who failed to discharge properly their investigating functions; delays in undertaking investigations; poor note taking; and failure to interview key witnesses and to register aspects of certain incidents properly on the PULSE system.

In relation to Sergeant McCabe it must be noted that the report concluded that he was a man of integrity and as the Tánaiste has stated, "performed a genuine public service at considerable personal cost". I also agree with the Tánaiste’s statement in the House yesterday that Sergeant McCabe is due the gratitude not only of the general public but also of An Garda Síochána and this House.

The report went on to say it found that certain allegations of corruption in relation to senior officers were untrue. With regards to former Garda Commissioner Callinan the report clearly states that there was absolutely no evidence to support any allegation of corruption against him.

The former justice Minister, Alan Shatter, was also found to have acted properly at all times in handling the issues that came before him. Despite all of that, it is clear that victims of crime were failed by An Garda Síochána. That is totally unacceptable and we must ensure that it does not happen in the future.

As the Tánaiste indicated, she met with Mary and George Lynch and was inspired by the bravery shown by Mary, not only on the night of that dreadful attack but also since then. I put on record my full support and admiration for Mary. She was failed by the system and it is incumbent on us as legislators to make sure that is not repeated in the future.

While it is clear the system has failed on this occasion it is important to note that a number of reforms have taken place since then which include the establishment of a new independent Policing Authority to oversee the performance of the Garda in relation to its functions. The Protected Disclosures Act 2014 was also introduced to give enhanced protection to whistleblowers. The Freedom of Information Act was also extended to include An Garda Síochána. In 2014 the Garda Inspectorate published a comprehensive report on crime investigation and as the Tánaiste has already stated, significant work is under way to continue to implement its recommendations.

With regards to the new programme for Government, we have committed to spend more than €205 million in new technology and ICT which will equip the Garda to combat modern crime. In my constituency of Louth I have attended many meetings with the local policing forums and it is very pleasing to hear that crime rates have decreased dramatically in the area.

Unfortunately, one reason for the increased resources being deployed to Dundalk and its surrounding areas was the callous murders of Garda Adrian Donohue and Garda Tony Golden. These callous murders, for which the murderers still are at large, demonstrate the ultimate price some members of the Garda pay in their service of the State.

To conclude, I have heard many Deputies criticise the Garda, the Government and the commission but the report is of the highest standard and is clear in its findings. I fully accept the report and am happy the Government has undertaken to act on its findings. Members must not forget who are the real victims of these failings, namely, brave people like Mary Lynch. I urge Deputies not to try to play political games with the commission's findings but instead to engage in constructive dialogue with all sides of the House to ensure the failings identified in the report are not allowed to be repeated in the future.

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