Enda Kenny (Mayo, Fine Gael) | Oireachtas source

I have confidence in the Garda Commissioner. There has been significant change to the procedures for members of the Garda who wish to report allegations of wrongdoing. The Protected Disclosures Act 2014, which came into operation on 15 July 2014, was part of the then Government's comprehensive approach to enhancing the protection available to whistleblowers, including members of the An Garda Síochána. Under that Act, GSOC is now the prescribed body authorised to receive protected disclosures on Garda matters. Accordingly, members of An Garda Síochána may communicate their concerns to the Garda Commissioner, as their employer, if they so choose, or may make a disclosure to GSOC. Where a protected disclosure is made to GSOC, the Act provides that GSOC may investigate the disclosure, if it appears to GSOC desirable in the public interest to do so. People are protected under that Act and cannot be bullied, sacked or dismissed.

It is important to recognise the very significant fact that a member of the Garda who makes a disclosure in accordance with the Act is entitled to all of the protections for whistleblowers in the Act. These include protection from having their identity revealed, protection from being dismissed and protection from being penalised in their employment as a result of having made a protected disclosure. In light of the public interest in An Garda Síochána having robust policies and procedures in place to support and protect whistleblowers, and to ensure that their complaints and allegations are fully investigated, the Tánaiste asked the Policing Authority on 2 June last year to examine and report on the policies and procedures in place in An Garda Síochána to deal with whistleblowers and whistleblowing. The Tánaiste also asked that it make any recommendations it considered appropriate in order to ensure that the policies and procedures in place are protected. The Policing Authority completed its review and reported to the Tánaiste on 11 November 2016. The report was published on the website of the Department of Justice and Equality and has since been laid before both Houses in accordance with the Act. On 7 December 2016 the Tánaiste received from Mr. Justice Iarfhlaith O'Neill the report of his review relating to the two protected disclosures cases which were made to the Tánaiste by members of An Garda Síochána in early October. Mr Justice O'Neill was asked to review the allegations of wrongdoing and to include any recommendations which he considered appropriate. The report, I understand, sets out in detail the allegations contained in the protected disclosures. I am sure that the House will appreciate that in the view of the nature of the allegations and the fact that third parties are mentioned the Tánaiste referred this to the Attorney General for advice on how to proceed, including the question of what material may properly be put in the public domain having regard to the rights of all concerned. The Attorney General has given some response to that but has some further matters to conclude on. The specific proposals will come to Government shortly including putting the conclusions and recommendations of Mr. Justice O'Neill into the public domain.

See this speech in context