Josepha Madigan (Dublin Rathdown, Fine Gael) | Oireachtas source

I wish to start by thanking Mr. Justice Charleton for the time, effort and energy he invested into the writing of this report. His analysis of the evidence is detailed and reflective, his conclusions clear and unarguable and his prose gripping. I am sure that I am not alone in saying that this report is enthralling. I found it hard to put down, due to its author’s ability to expertly carry the reader through the vast amount of evidence gathered, and towards the eventual conclusions. Sometimes it is important for legal analyses to be written in a way that commands attention. This is surely one of those times. I thank Mr. Justice Charleton for this.

The report speaks frequently about truth, which, as a concept, is explored in many different guises. The report calls for greater respect for the truth, indicating that a cultural shift is required to achieve this. In the report’s contents and conclusions, we see that truth is not always easy, or instantaneous, or obvious. We also see that truth can be betrayed, not only through wilful disregard, but also through omission, or careless neglect.

The betrayal of truth leaves many victims. The first among these is clearly Sergeant Maurice McCabe. Is there anyone in this House who would not now echo the words of the Taoiseach, who in 2014 was the first Member of this House to publicly back Sergeant McCabe, calling him honourable.

Systematic opposition and institutional laxity in relation to the defence of truth has taken its toll on Sergeant McCabe and his family. To have false allegations spread through the public sphere, by way of malicious rumours, gossip and leaks, in quiet conversations and corrupted evidence, would be an almost unbearable burden for any individual. Sergeant McCabe’s honour has been restated again in this report, and I hope it is never called into question again. Sergeant McCabe sought to be an advocate for truth. His duty and devotion to public service saw him take the hard road in order to bring to light practices that were unworthy of the organisation and country he sought to serve. He could have kept his head down, hidden himself in the collective, and silently delegated the responsibility to act but he was braver than that. It is hard to speak out against those around us and to put relationships and personal prospects in jeopardy in the pursuit of truth is an act of supreme courage. Humans are social creatures, and the search for group identity and acceptance is inherent. In Sergeant McCabe’s case, his group loyalty was to his country.

The actions of others, some we know by name, such as Superintendent David Taylor, others we read about as a collective such as staff members of Tusla, were less than honourable. Setting out to deliberately spread misinformation, or accidentally failing to provide correct information due to an erosion of responsibility, has consequences which go far beyond reputational damage. They also damage public trust in institutions of the State. This must be taken into account.

In a different way, my colleague and friend, Deputy Frances Fitzgerald, was a political casualty of the desire of some who practice politics to put gossip above truth. As Minister for Justice and Equality, Deputy Fitzgerald, acted at all times in a way that was honourable, diligent, and fair. This is underlined again in the Charleton report, which exonerates her completely.

I want to make particular reference to the confluence of events that led to the resignation of Deputy Fitzgerald as Minister for Justice and Equality in November 2017. It may be ironic to do so, as I appear to have benefitted from this series of events in taking her place at the Cabinet table. The herd mentality, the prioritisation of rumour over fact, the sordid glee in playing the woman and not the ball, made this resignation impossible to avoid, but it did not make it right.

Politics and public service is multifaceted and full of nuance: there is rarely a time when there is an absolute right and an absolute wrong.

Others have suffered in the face of a lack of commitment to truth and accuracy. Former Garda Commissioner Nóirín O’Sullivan is one such person; she embodied qualities of leadership necessary for good public service. As Oscar Wilde wrote, “The truth is rarely pure and never simple.” I strongly believe that apologies are owed to those who suffered personally and professionally from false accusations and incorrect accounts. I hope, for the benefit of public service in this State, that these apologies are forthcoming.

It is a noble thing to serve the public good. This should not be forgotten, nor should the service of the public be degraded through association with malicious scandal and gossip, the contest of personal rivalries, or the desire for a cheap headline. Mr. Justice Charleton does not spare his words on this topic, particularly in the conclusion of the report. The term “the sober truth” paints an important image. It is clear that what is right is not always easy, and what is easy is not always right. All good things are worth working for. This is also the case when it comes to the truth.

The Charleton report calls on us all to look towards the future and to consider how we can finally end the malpractice that has undermined many of the institutions of our State. Over recent years, we have seen many formerly steadfast and unquestioned pillars of Irish life sustain serious reputational damage. We have seen cultures of secrecy and pride exposed, often with devastating consequences.

An Garda Síochána is an iconic institution of this State. Established in the 1920s by a fledgling Government trying to build a stable country at a time of tremendous upheaval, An Garda Síochána broke with all the stereotypes of State-sponsored law enforcement. An Garda Síochána was not simply there to police, but to be the guardians of the peace. Crucially, the force was unarmed, a few short years after the Irish people asserted in arms their right to self-determination. Most importantly, the gardaí were from the communities in which they served. I say that as someone whose grandfather was a garda. This has been the singular towering strength of An Garda Síochána since the foundation of the force.

The obligations delineated by Mr. Justice Charleton in order to promote honour, trust and leadership within the force are to be carefully noted. In many cases they are attributes that we recognise in the vast majority of public servants we see and work with every day. It should be noted that the work and conduct of the Garda force in Donegal is commended by Mr. Justice Charleton in the case of the unfounded allegations made by Garda Keith Harrison and Marisa Simms. He calls on gardaí to have pride in their uniform, and their work. The force has a long history of devoted public servants, including a number who have tragically died in uniform. The legacy of these patriots should not be dishonoured. Honesty is another obligation that ensures respect. The obligation to be visible reminds us all of the important role that gardaí play in our local communities. The report recommends that everyone serving in the police should give a portion of the day to foot and bicycle patrols. A further obligation is politeness, and a further one is service or duty. Loyalty to the public over all else and the importance of self-analysis are the final two obligations described.

As a State, we owe an immense debt of gratitude to our gardaí for the work they do to keep us safe. Opinion polls continue to show that An Garda Síochána is among the most trusted public institutions or groups in Irish society. This is rightly the case, and should be maintained. Further reports, such as that of the Commission on the Future of Policing in Ireland, provide a blueprint for how we can maintain this level of trust by promoting accountability. My colleague, the Minister for Justice and Equality, Deputy Flanagan, is committed to the implementation of its recommendations, and I support him very strongly in this endeavour. I also commend Garda Commissioner Drew Harris for the work he is doing in this regard.

It is an incontrovertible fact that trust is built on a commitment to accountability and truth. This is the same for An Garda Síochána as it is for any other group or institution. As we look to build the culture shift that Mr. Justice Charleton speaks of, not only for our police force but in all institutions of Irish life, let us not forget the vivid accounts of malpractice and betrayal engagingly described in the tribunal report, and the victims left in its wake. The search for truth is at the heart of our justice system. It should also be at the core of everyone who serves this system on behalf of the public. Be it administrative accountability, strength of character, or a refusal to engage in politics as a mindless blood sport, we all need to make sure these values are present in our day-to-day actions. Let us be advocates for the truth, agus cuirfimid chuige le misneach.

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