Enda Kenny (Mayo, Fine Gael) | Oireachtas source

In the first instance, this is a very serious matter. I referred to it yesterday and confirmed that the Tánaiste and Minister for Justice and Equality has received correspondence from members of An Garda Síochána under the Protected Disclosures Act. Deputy McDonald is aware that, under section 16(1) of that Act, a person to whom a protected disclosure is made "shall not disclose to another person any information that might identify the person by whom the protected disclosure was made." Obviously, I have not seen the correspondence or whatever. I assume that the Tánaiste has now to look at this documentation sent to her in a sensitive manner and do so quickly. I would assume - I do not know the extent of the correspondence - that the Tánaiste herself is not going to be in a position to verify the allegations that have been made one way or the other. Therefore, this will have to be dealt with by a competent person. In that context, we must look at what is the structure that can best deal with this conclusively once a protected disclosure document has been received by the Minister of the day. Yesterday, Deputy Micheál Martin raised the question of GSOC. This documentation was sent to the Tánaiste directly under the Act. Ms Justice Mary Ellen Ring has spoken about different powers or increased powers for GSOC. The Tánaiste is looking at that.

I would expect that, in the next couple of days, the Tánaiste will make a decision, having looked at the information that she has been sent under this Act, as to what is the best option. I would say to Deputy McDonald, as I have said before, that it is utterly unacceptable that somebody, often described as a whistleblower, who reports wrong-doing is not treated properly and to the very highest standards. We cannot and we will not shirk responsibility in that regard. It is, however, for the Tánaiste to examine the documentation that she received and decide what is the best option to deal with it conclusively. That may well be the appointment of a sitting judge to look at the documentation to verify the contents and whatever action follows from that. Obviously, following the O'Higgins report, the Tánaiste wrote to the Policing Authority in June asking that it submit its views on a policy and procedures to be followed that would be put in place in An Garda Síochána where whistleblowers or people within the force decided to say that what is happening there is wrong or incorrect. So, I would expect in the next short time that the Tánaiste will make her view known about the documentation she has received.

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