Mick Wallace (Wexford, Independent) | Oireachtas source

I am sure it is not easy being in government and I am sure we would not find it easy either. At the same time, we would be dishonest if we were to say that we had confidence in the Taoiseach's Government. The lack of fairness during the past six years and the failure to deal honestly with corruption in the hierarchy of An Garda Síochána and NAMA are too striking. However, this matter is not just a matter of justice for Maurice McCabe and other whistleblowers. Maurice McCabe would be the first to stress why he put his head over the parapet way back in 2008. He did so because of the systemic problems within An Garda Síochána. Let us keep things in focus. The way in which the present Garda hierarchy has dealt with whistleblowers has to be at the core of the investigation. With that in mind, other whistleblowers have to be included. The story of the dysfunctional nature of the present hierarchy in An Garda Síochána will be missed if the likes of Nick Kehoe are not included. Much of what the force did to that man over several years has still to see the light of day. No one needs to tell the Government that there has been a media frenzy over the past while about the whole thing, but if we are not careful, as Deputy Clare Daly stated, we will not do this right. Our preferred option would have been a public commission of investigation run in parallel with a criminal investigation that has people from outside the country running it.

The judge should be given powers to compel witnesses to attend, garner all necessary documents and override privilege, just as Mr. Justice Cregan has in the IBRC inquiry. There should be a limited period within which judicial reviews can be brought, as is the case in the Refugee Act, because the tribunal of inquiry will otherwise go on forever.

It was good to hear the Tánaiste state her belief that the tribunal of inquiry can be completed in nine months. It would be brilliant if that were the case. There is a serious danger that an old-fashioned tribunal will cause as many problems as it will solve. I urge the Government to think clearly about how it approaches this issue and not to react to being hounded in a certain way by the media. It should do what is right rather than simply pleasing the media, because this issue is too serious and too many people have suffered as a result of it.

This is also about how policing will be done in future. The Government has an opportunity to change how policing is done because it is not good enough and the legislative changes introduced a couple of years ago were not enough.

The Garda Commissioner is not fit for office. I would not ask her to stand aside. I ask the Government to use instead section 11 of the Garda Síochána Act 2005, which provides that the Government may remove the Commissioner if, in its opinion, it would be in the best interests of An Garda Síochána.

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