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

I move:

"That Dáil Éireann:

— bearing in mind the serious public concern about allegations that senior members of An Garda Síochána sought to discredit Sergeant Maurice McCabe because of complaints he made about the performance of An Garda Síochána;

— noting the Protected Disclosure that was made by Superintendent David Taylor to the Minister for Justice and Equality on 30th September, 2016, and noting the Protected Disclosure made by Sgt Maurice McCabe on 26th September, 2016, alleging an orchestrated campaign, directed by senior officers, to discredit Sergeant Maurice McCabe by spreading rumours about his professional and personal life;

— noting the decision of the Minister for Justice and Equality on 7th October, 2016, to request a Judge to investigate whether there was an orchestrated campaign, directed by senior officers, to discredit Sergeant Maurice McCabe by spreading rumours about his professional and personal life;

— noting that, having completed his review, it is the opinion of Mr. Justice Iarfhlaith O’Neill that a Commission of Investigation should be established;

— mindful that senior members of An Garda Síochána have denied the existence of or their involvement in any orchestrated campaign to discredit Sergeant McCabe as alleged in Superintendent Taylor’s Protected Disclosure;

— bearing in mind allegations that there may have been inappropriate contacts between An Garda Síochána and TUSLA in relation to Sgt McCabe, Garda Keith Harrison and concerns that such contacts may have also taken place in relation to other members of An Garda Síochána who had made allegations of wrongdoing within An Garda Síochána;

— noting that a public inquiry is the most appropriate way to investigate these serious allegations so as to ensure public confidence in An Garda Síochána and to respond to the public disquiet caused by these allegations;

resolves that it is expedient that a tribunal be established under the Tribunals of Inquiry (Evidence) Acts 1921 to 2011, to be chaired by Mr. Justice Peter Charleton, Judge of the Supreme Court, to inquire urgently into the following definite matters of urgent public importance:

[a] To investigate the allegation made in a Protected Disclosure under the Protected Disclosures Act 2014, on the 30th of September, 2016, by Superintendent David Taylor, wherein he alleges that he was instructed or directed by former Commissioner Martin Callinan and/or Deputy Commissioner Nóirín O’Sullivan, to contact the media to brief them negatively against Sergeant Maurice McCabe and in particular to brief the media that Sergeant McCabe was motivated by malice and revenge, that he was to encourage the media to write negatively about Sergeant McCabe, to the effect that his complaints had no substance, that the Gardaí had fully investigated his complaints and found no substance to his allegations and that he was driven by agendas.

[b] To investigate the allegation of Superintendent Taylor in his Protected Disclosure, that he was directed to draw journalists’ attention to an allegation of criminal misconduct made against Sergeant McCabe and that this was the root cause of his agenda, namely revenge against the Gardaí.

[c] To investigate what knowledge former Commissioner Callinan and/or Commissioner O’Sullivan and/or other senior members of the Garda Síochána had concerning this allegation of criminal misconduct made against Sergeant McCabe and whether they acted upon same in a manner intended to discredit Sergeant McCabe.

[d] To investigate the creation, distribution and use by TUSLA of a file containing false allegations of sexual abuse against Sergeant Maurice McCabe that was allegedly sent to Gardaí in 2013, and whether these false allegations and/or the file were knowingly used by senior members of An Garda Síochána to discredit Sergeant McCabe.

[e] To investigate whether the false allegations of sexual abuse or any other unjustified grounds were inappropriately relied upon by Commissioner O’Sullivan to discredit Sergeant Maurice McCabe at the Commission of Investigation into Certain Matters in the Cavan/Monaghan district under the Chairmanship of Mr. Justice Kevin O’Higgins.

[f] To investigate whether senior members of An Garda Síochána attempted to entrap or falsely accuse Sergeant McCabe of criminal misconduct.

[g] To investigate such knowledge which former Commissioner Callinan and Commissioner O’Sullivan had concerning the matters set out in [a], [b], [c], [d], [e] and [f] above.

[h] To investigate contacts between members of An Garda Síochána and:— Media and broadcasting personnel,

— members of the Government,

— TUSLA,

— Health Service Executive,

— any other State entities,— or any relevant person as the Sole Member may deem necessary to carry out his work;

relevant to the matters set out in [a], [b], [c], [d], [e] and [f] above.

[i] To examine all records relating to the telecommunications interactions used by Superintendent Taylor, former Commissioner Callinan and Commissioner O’Sullivan, in the period from the 1st of July, 2012, to the 31st of May, 2014, to ascertain whether there are any records of text messages or other telecommunication interactions relating to the matters set out at [a], [b], [c], [d], [e] and [f] above and to examine and consider the content of any such text messages or other telecommunication interactions.

[j] To examine all electronic and paper files, relating to Sergeant Maurice McCabe held by An Garda Síochána and to consider any material therein relevant to [a], [b], [c], [d], [e] and [f] above.

[k] To investigate whether Commissioner O’Sullivan, using briefing material prepared in Garda Headquarters, influenced or attempted to influence broadcasts on RTÉ on the 9th of May, 2016, purporting to be a leaked account of the unpublished O’Higgins Commission Report, in which Sergeant McCabe was branded a liar and irresponsible.

[l] To investigate whether a meeting took place between former Commissioner Callinan and Deputy John McGuinness on the 24th of January, 2014, in the carpark of Bewley’s Hotel, Newlands Cross, Co. Dublin and to examine and consider the circumstances which led to any such meeting, the purpose of such meeting and matters discussed at such meeting.

[m] To investigate such knowledge which Commissioner O’Sullivan had of the meeting referred to in [l] above.

[n] To investigate contacts between members of An Garda Síochána and TUSLA in relation to Garda Keith Harrison.

[o] To investigate any pattern of the creation, distribution and use by TUSLA of files containing allegations of criminal misconduct against members of An Garda Síochána who had made allegations of wrongdoing within An Garda Síochána and of the use knowingly by senior members of the Garda Síochána of these files to discredit members who had made such allegations.

[p] To consider any other complaints by a member of the Garda Síochána who has made a Protected Disclosure prior to 16th February, 2017, alleging wrong-doing within the Garda Síochána where, following the making of the Protected Disclosure, the Garda making the said Protected Disclosure was targeted or discredited with the knowledge or acquiescence of senior members of the Garda Síochána.

And to adopt a modular approach to this inquiry so that the matters set out at [a] – [o] inclusive shall be inquired into in the first instance, and thereafter upon consultation with the Sole Member the Government shall, if requested by the Sole Member, take steps to appoint another Judge to continue and conclude the work of the Tribunal namely the matter at [p] above as the second module.

And to report to the Clerk of the Dáil and to make such findings and recommendations as it sees fit in relation to these matters as expeditiously as possible;

and further resolves that–

(I) the tribunal shall report to the Clerk of the Dáil on an interim basis not later than three months from the date of establishment of the tribunal and also as soon as may be after twenty days of witness testimony of the tribunal on the following matters: (a) the number of parties then represented before the tribunal,

(b) the progress which will then have been made in the hearings and work of the tribunal,

(c) the likely duration (so far that may then be capable of being estimated) of the proceedings of the tribunal, and

(d) any other matters that the tribunal considers should be drawn to the attention of the Houses of the Oireachtas at the time of the report (including any matters relating to its terms of reference),(II) the inquiry shall be completed in as economical a manner as possible and at the earliest possible date consistent with a fair examination of the matters referred to it;

(III) all costs incurred by reason of the failure of individuals to co-operate fully and expeditiously with the tribunal should, as far as it is consistent with the interests of justice, be borne by those individuals; and

(IV) the Clerk of the Dáil shall within 14 days of receipt of any report from the tribunal either apply to the High Court for directions regarding publication of the report or arrange to have it laid before both Houses of the Oireachtas."

The Government has this morning approved draft resolutions to establish a tribunal of inquiry. The resolutions, which accompany this statement, must now be approved by both Houses of the Oireachtas. The terms of reference for the tribunal of inquiry are comprehensive and clear in their focus. Mr. Justice Peter Charleton will chair the tribunal and is available to begin work this week. I thank him for taking on this role.

There has been much debate and discussion in this House about the best way to establish the truth in these matters. I thank the Members for their genuine engagement to identify the key issues that should be included. What is now proposed reflects those discussions and the information put Into the public domain last week. These terms of reference will establish a public tribunal of inquiry get to the truth. That is in the interests of whistleblowers and the interests of members of An Garda Síochána, particularly those against whom allegations have been made, and it is in the public interest. What is required is that the issue of how whistleblowers in An Garda Síochána have been treated is examined independently, fairly and publicly. For the first time, we will hear in public all sides of the story. I have said to this House previously that it would be wrong to try to remedy one injustice by creating another one. Everyone has basic human rights and it would be a cruel irony if our beliefs about the appalling treatment of some led to the ill- treatment of others. Hearing the other side is a basic requirement of fair procedure.

I will now turn to the terms of reference themselves. The tribunal will, of course, look at the matters originally recommended by Mr Justice Iarfhlaith O'Neill. I am in Mr Justice O'Neill's debt. We discussed them here in detail last Thursday. I thank him for the work he did and I thank Mr. Justice Charleton for his willingness to serve as the chairman of the tribunal. The original recommendation was for a commission of investigation. The terms of reference now contains specific references to the contacts between gardaí, Tusla, the Health Service Executive and other agencies regarding Sergeant McCabe. While allegations which were put into the public domain about Garda Keith Harrison, Tusla and Garda Harrison's general treatment were different, nevertheless, because of concerns expressed to me by quite a number of Deputies, I have included contacts between gardaí and Tusla in the first module. In the light of specific concerns which have arisen, the tribunal will look at whether there is a pattern relating to Tusla files and their use to discredit Garda whistleblowers. Many Deputies felt it was important to examine whether a pattern existed. People have said that a pattern might have existed because there are two known cases so that is part of the terms of reference.

The tribunal will now also look at certain matters relating to the O'Higgins commission. It will also took at whether senior members of An Garda Síochána attempted to entrap or falsely accuse Sergeant McCabe of criminal misconduct. There has been a lot of debate in this House and elsewhere as to whether we should look at how other gardaí who have made protected disclosures have been treated. I am providing for a new module which will allow the tribunal to look at these cases in the context of action to target or discredit Gardaí who had made protected disclosures. GSOC will continue its work regarding complaints outside of these. There is a provision that Mr. Justice Charleton may consult with me if another judge may be needed to deal with the second module. The priority will be dealing with the issues arising in the first module. We are specifically providing that the tribunal can look at contacts between members of An Garda Síochána and any other relevant person that the tribunal may deem necessary. I want to put it on the record of the House that this would include Members of the Oireachtas. Mr. Justice Charleton will decide on what is seen as relevant. Quite a number of people mentioned this as well.

I know Mr. Justice Charleton is anxious to commence his work immediately and is determined to carry it our as expeditiously as possible. Once the resolution is passed by both Houses of the Oireachtas today, I intend to make the necessary statutory instrument so his work can start immediately. That work will report to this Dáil. I look forward to the recommendations Mr. Justice Charleton will make and I look forward to the truth. We have already made extensive reforms relating to An Garda Síochána. The reality is that more cultural change is needed in An Garda Síochána because reform can never stop. We will now also have the benefit of advice from an international independent policing expert. I want to make it clear that this work will complement the work of GSOC, the Policing Authority and the Garda Inspectorate, which have all done and are doing very important jobs in this country.

I will now refer to the six questions contained in the McCabe's statement relating to An Garda Síochána to which they understandably want answers.As I have already said in the House, I want to facilitate them as much as possible but I do not want to pretend to the House that this matter is completely straightforward in circumstances where a tribunal is being established. Having consulted with the Attorney General, the Secretary General of my Department has written to the Garda Commissioner in accordance with

section 40 of the Garda Síochána Act and the power I have under that requesting the information sought in the six questions.

I expect that it will be necessary to consult further with the Attorney General once the Commissioner has replied.

Our action today will ensure that any wrongdoing around the issues we have been discussing here within An Garda Síochána will be addressed fully and fairly. I believe that is what Deputies across this House want to see. I believe the terms of reference I am putting forward today will enable the judge to do just that. As I have said before in this House, I have always been careful and scrupulous to deal with all the cases that have come to my attention. I have already put it on the record of the House that I do not have the authority to investigate protected disclosures coming from An Garda Síochána. That is the role of GSOC. I have always made the case, publicly and privately, in all of my dealings, for example, with Garda management, that whistleblowers should be protected and supported. For example, my own bona fides on this could be seen when I referred the charter for police policies on whistleblowing to the independent Policing Authority to examine it and come back to me with recommendations.

This tribunal will ensure justice for Sergeant McCabe, his family and all parties involved. That is what is important. I ask Deputies across the House for support for this motion. I believe that it is thorough in its terms of reference that I put before the House today. I have been able to include the vast majority of issues that have been brought to my attention and the key points that have been made to me by Deputies. It also includes all of the recommendations that Mr. Justice O'Neill made that we discussed here last week. I believe there is general agreement that it is important to continue to include those recommendations from the judge, which I followed in full. I have extended them to deal with the issues that I have spoken about this afternoon. I commend this motion to the House and I am sure all Members of the House will join with me in wishing Mr. Justice Charleton well in his task of great importance.

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