Micheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

This question was submitted before Easter. In his reply the Taoiseach made the point that the Fennelly report made damning findings about the lack of effective oversight and procedures in the Garda Síochána over a lengthy period of time, and the failure to respond when some technicians and officers raised concerns and questions. This goes to the heart of the issue that I raised again this morning, which is that when the current Garda Commissioner was made aware, back in 2015, about the situation in Templemore and when the head of legal services in An Garda Síochána made it very clear in writing to the Commissioner that she had a legal obligation under section 41 to report that issue to the Minister for Justice and Equality, the Commissioner decided not to do so at that time, and took a further 15 months.

That is exactly the lack of oversight or action that Fennelly refers to in relation to the phone recordings. It is evident here again. The matter has been raised for quite some time by the head of legal services. It is akin to the Attorney General saying to the Taoiseach "You legally have to do this, Taoiseach." The head of legal services told the Commissioner that she legally had to tell the Minister, yet the Commissioner did not do so. That is quite fundamental and we need a serious answer as to why the Commissioner did not follow through on that legal advice that came from the head of legal services.

I am not satisfied by the Taoiseach's response this morning. I am not sure he has grasped the key point that there was a legal obligation which was not upheld. It is a very serious issue in terms of the discharge of one's duties. I put it to the Taoiseach, however, that the lessons have not been learned. In the midst of everything that has happened, that failure to discharge a legal obligation is quite damning for the current Commissioner, given the level of awareness she should have had concerning all the other issues that were swimming around An Garda Síochána back in 2015, including whistleblowers and GSOC. With everything that was going on, surely the Commissioner should have said this was something she had to go to the Minister with immediately. At least the Minister should have been made aware of an issue that would involve reputational damage to An Garda Síochána because of the issues that have been revealed in the context of the Templemore report.

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