Catherine Murphy (Kildare North, Social Democrats) | Oireachtas source

It is beginning to feel like a bit like Groundhog Day. It seems that not a week goes by but that there is some debate in this House about yet another element of dysfunction in the management and operation of An Garda Síochána. Tonight we will debate the findings of the Fennelly report into the circumstances which saw the previous Garda Commissioner’s reign come to an end. That debate will throw up yet more evidence of a serious lack of oversight, a lack of good governance and a general malaise in the upper echelons of An Garda Síochána. There are only so many times we can continue to point to the problems without actually addressing them. The current Commissioner is clearly in an extremely compromised position by virtue of the fact that she is the subject of an active public investigation regarding her handling of whistleblowers.

I took the opportunity to read the disciplinary code of An Garda Síochána during one of the many previous debates on the Garda issues. The code very clearly indicates that, in the context of all disciplinary matters, the buck stops with the Commissioner. She is the final arbiter when it comes to implementing disciplinary procedures and thereby setting the culture within the organisation. We now have a situation where the person with ultimate responsibility for discipline within the force is the subject of an investigation which may potentially culminate in disciplinary procedures. That is neither appropriate nor sensible.

During the catastrophic handling of the Sergeant Maurice McCabe whistleblowing scandal, the Social Democrats tabled a motion seeking the Commissioner to step aside, temporarily and without prejudice, to allow for the installation of an external expert to assume the position while the investigation into Garda Commissioner Nóirín O'Sullivan proceeded. Now, unfortunately, we feel that moment has passed and that a temporary stand-down is no longer sufficient. The consistent drip of information regarding the dysfunction within An Garda Síochána has convinced us that the only way to try to stem what appears to be a deep-rooted malaise is to effect a root-and-branch overhaul in order to change the internal culture of An Garda Síochána. The best way to change the culture of an organisation is to start at the top. If there is any shadow hanging over the most senior office in the organisation, then this will seep down. In this instance, it is unrealistic to expect those who are following orders to do so with respect for the office. This inevitably leads to bad behaviour, poor practices and, in some cases, unethical behaviour. One must lead by example and that example is, in our opinion, absent from An Garda Síochána from the top. That is the reason we have no choice but to declare no confidence in the Garda Commissioner, Nóirín O'Sullivan.

At a briefing with the Taoiseach last night - on another matter relating to the terms of reference of the Project Eagle inquiry - one of the officials stated that over the past 20 years €500 million has been spent on tribunals and various inquiries. In recent years, some of those inquiries have been into An Garda Síochána. Another one has just started and a commission is going to be established. The money involved could be spent on equipment or personnel. As a result, there are reputational and financial costs, as well as a cost in terms of morale among officers and in confidence on the part of the public. Gardaí are often called to court to swear, for example, that summonses have been issued. The problems with the Garda are now seeping out into other areas and that will include the courts system. This is a matter of deep concern.

Earlier today, the Tánaiste and Minister for Justice and Equality said there is no money in her budget to compensate people who were wrongly convicted in respect of drink-driving. The whole thing is a total mess. Unless we do something conclusive and start doing things rather than talking about them, I do not believe that confidence in the Garda will be restored. This is why the Garda Commissioner must go.

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