Dáil debates

Thursday, 6 October 2016

12:15 pm

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

Deputy McDonald appears to think that the protections of the law with respect to the presumption of innocence and the requirement for due process can be applied selectively. If she decides that something is the case, we can dispense with the principle of justice and the laws of the land. I certainly will not do that as Minister for Justice and Equality. I ask the Deputy and other Members making similar calls to reflect on what their attitude would be were the Government to take the same approach to justice generally as that which they are advocating. Is an accusation now sufficient to secure a conviction? Is that what the Deputy is suggesting? I have to question Deputies who are putting information on the record of this House knowing full well that I am forbidden, by law, from responding in detail to what is being reported in the newspapers. There are very clear laws on protected disclosures. They are in place - everybody in this House was involved in passing the legislation - to protect both whistleblowers, in terms of their anonymity being preserved, and the persons against whom the allegations are being made. I cannot comment on the detail of the protected disclosures that have been made to me, but they are of the utmost seriousness.

As I indicated to the committee yesterday, I want to see the kind of cultural change that people have been saying - Deputy McConalogue referred to it earlier - is necessary within An Garda Síochána. I have initiated the biggest reforms in the history of An Garda Síochána by establishing the Policing Authority and expanding the powers Garda Síochána Ombudsman Commission, GSOC. I cannot comment on the details of the disclosures but they are of the utmost seriousness and should be treated accordingly. That is how I am treating them. I am the Minister charged with defending the principles of justice that are fundamental to our society and the Deputy should not ask me to set aside those principles in this or any other case. There is a clear procedure outlined as to how allegations - protected disclosures - should be dealt with.

On the Deputy's question regarding the Garda Commissioner, I want to be very clear about one thing, namely, that no findings of wrongdoing of any kind have been made against the Garda Commissioner. In those circumstances, I am of the view that she is entitled to our full confidence.

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