Clare Daly (Dublin Fingal, Independent) | Oireachtas source

I am conscious that this is the last time the Taoiseach will take Leaders' Questions. I am also conscious there has been a rebirth lately, with the prevailing narrative being that history will be kind to him. However, when the dust settles, his legacy will be stained by the manner in which he handled the departure of the previous Garda Commissioner, a stain which has obviously cast a shadow over his willingness or ability to deal with the present one. I put it to him, genuinely, that it is not too late to change tack. It is not too late to act in the interests of An Garda Síochána.

Last week under freedom of information legislation I received information from the Medical Bureau of Road Safety. It shows very clearly that officers in An Garda Síochána were well aware in 2014 that every breath test machine had a running total of the number of breath tests each time it was calibrated and that each machine was returned to a station with a form outlining the numbers. The Garda actually had the information all along which the Garda Commissioner told us that it had only received in March this year and responded to promptly and loads of gardaí knew about it. The whistleblower Nick Keogh also received information last week under freedom of information legislation, which showed that in September 2016 written reports were being sought for the Commissioner on his treatment and the bullying and harassment to which he was being subject. The Commissioner denied this at the justice committee.

At the Committee of Public Accounts this morning we are getting an insight into the open warfare between the civilian heads and the Garda hierarchy. This is unsustainable. The auditor for the Garda is being deliberately obstructed in his work and that is without even mentioning the missing phone. One does not need to be a rocket scientist to know that to lose one phone is careless but to lose two smacks of perverting the course of justice. That is what it is, particularly when we know that the owner of the phone was the very person charged by the Minister with ensuring the retention of data and new procedures would be put in place after the old Commissioner had lost his phone. Come on - it has gone too far at this stage. No matter what way we look at it, it is a sackable offence.

It is very clear that the tactic being used by the Commissioner in the O'Higgins investigation to impugn the motivation of Sergeant Maurice McCabe and undermine his testimony will be replicated in the Charleton inquiry, with this time Dave Taylor being scapegoated. The work of the commission is being deliberately and consciously undermined, as we have known this for some through the existence of the tribunal liaison group inside An Garda Síochána to filter the information given to Mr. Justice Charleton. The continuance of this group is a threat to the effective operation of the Charleton inquiry. What will the Taoiseach do about it? Does he think it is acceptable that a commission set up by this House is having its work undermined? I do not think it is fair for him to leave the decision to remove the Commissioner to either Simon or Leo. A sign of a good leader is someone who says he or s he can change his or her mind. It is not too late for the Taoiseach to ask the Commissioner to stand down.

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