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

The commission of investigation led by Mr. Justice O'Higgins was established to determine the veracity of very serious allegations of Garda malpractice made by Sergeant Maurice McCabe. Its establishment followed a long saga of harassment, poor treatment and attacks on the bona fides of Sergeant McCabe. When it emerged, following the conclusion of the commission of investigation, that the legal representative of the former Garda Commissioner was instructed to attack the motivation and integrity of Sergeant McCabe, people felt genuine shock and anger. That was not how it was meant to be. The O'Higgins inquiry was meant to be a new chapter in the way in which the allegations made by Sergeant McCabe were to be treated as well as in the way he was treated as a person. It was supposed to find out the facts of what happened and it was never meant to be an adversarial attack on his credibility and integrity as a person. We have now learned in various reports over the last number of days that the head of Garda HR was told "We are going to go after Maurice at the commission". It is also reported that a telephone call was made on 15 May from the former Commissioner to the Secretary General of the Department of Justice and Equality on the proposed legal strategy.

To be fair, Deputy Alan Kelly has tabled a number of parliamentary questions on this issue of the extent of consultation between the Department and the former Garda Commissioner, the extent and content of meetings and communications, if any, between the Department's officials and the former Commissioner and whether complaints were made to the Department about the legal strategy adopted and how it was adopted. In the normal course, questions like these should receive straightforward answers. The answer from the Minister for Justice and Equality, Deputy Flanagan, is classic in the sense that he answered a question which he was not asked and failed to answer the questions he was asked by Deputy Kelly. Deputy Kelly has followed up with further questions which are very serious in nature and to which the answers will be serious too. In the context of a Parliament like this, it is very strange that replies are not being given. In an interview at the weekend, the Tánaiste refused to confirm or deny whether she was aware of this adversarial approach being taken at the O'Higgins commission. The Taoiseach said at the weekend that he would speak to the two Ministers. Has he spoken to the two Ministers, what has been their response, and can the Taoiseach bring clarity to this issue? Did the Tánaiste know about the attack on the integrity and credibility of Sergeant McCabe as per the legal strategy of the former Garda Commissioner?

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