Dáil debates

Thursday, 25 October 2018

Third Interim Report of the Disclosures Tribunal: Statements (Resumed)

 

2:20 pm

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

This has been a most useful exchange of views on the third interim report of the disclosures tribunal. I was very interested to hear what Deputies had to say about it and its conclusions, particularly in light of the clamour in this House that preceded its establishment and the unedifying and unjustified pursuit of my colleague, Deputy Fitzgerald, last November by those here who accused her of acting incorrectly and indulging in wrong-doing. To finally set the record straight, Deputy Fitzgerald, as Minister, acted entirely appropriately. Mr. Justice Charleton could not have been clearer in that regard. I have noted, nevertheless, efforts by many people opposite to say that her departure was still necessary. I disagree fundamentally with that view, and I remind Deputies of their obligation to reflect on words that were uttered here in a frenzied atmosphere and in the clamour to remove the Deputy from her position.

The report of the tribunal is damning. It goes to the heart of how An Garda Síochána handles allegations of wrongdoing within the organisation. We all have a responsibility to respond appropriately to the findings of the tribunal. The House is, rightly, grateful to Sergeant McCabe for his steadfastness in bringing to attention the serious lack of application to duty and failure to follow basic and fundamental procedures. As Mr. Justice Charleton observed, his actions arose out of a legitimate drive to ensure that An Garda Síochána serves the people through hard work and diligence. In the face of much adversity, Sergeant McCabe persevered with the support of his family. As I mentioned last week, I spoke with Sergeant McCabe on the phone to apologise to him on behalf of the State for his shameful treatment. I hope to meet him in the near future to offer that apology in person, having spoken to him on the phone. I know that the Garda Commissioner has already met with Sergeant McCabe and his wife and he correctly, on behalf of An Garda Síochána, also apologised to Sergeant McCabe.

The independent Commission on the Future of Policing in Ireland has just reported following its root and branch analysis of policing in Ireland. Its report also makes clear that transparency, governance and accountability in An Garda Síochána is fundamental. The implementation of that report will be the cornerstone of the necessary transformation in An Garda Síochána, and the points made by Mr. Justice Charleton will very much inform the Government's approach to its implementation. The report also points to specific problem areas within An Garda Síochána. At the heart of these problems is discipline in the force. Mr. Justice Charleton notes that, as an organisation, An Garda Síochána has an obligation to be a disciplined service.

The report suggests that the Oireachtas might usefully consider a potential lacuna in the Protected Disclosures Act 2014. The Act was mentioned by some Deputies in the course of their contributions.

I want to acknowledge the importance of the obligations which Mr. Justice Charleton said should at all times underpin the work of our police service. Many of them are obvious and can be said to apply universally. These include the obligation to be polite, honest, to take pride in their work, pride in their uniform and to be visible. I know that the Garda Commissioner is committed to these obligations, and I believe he is quite right. Mr. Justice Charleton also identified an obligation of self-analysis and that thecommand structure within An Garda Síochána must hold itself to account, in the same way that my colleague, the Minister, Deputy Zappone, has acknowledged Tusla, which is under her remit, must hold itself to account. I assure the House that, as far as An Garda Síochána is concerned, I will have all the matters referenced by Mr. Justice Charleton to the fore during my work with Garda Commissioner Drew Harris and his team as we consider how to implement the recommendations from the report of the Commission on the Future of Policing.

It is only right that we acknowledge that Mr. Justice Charleton also pointed to examples of diligence, professionalism and integrity within An Garda Síochána. I have attended several ceremonies in the Garda College, meeting new recruits headed to stations all across Ireland. Their enthusiasm and thirst for public service has been striking. We owe it to these recruits, to Sergeant Maurice McCabe and to the people of Ireland, to ensure we deliver the planned transformation of An Garda Síochána in order that it becomes a model of policing excellence by the time it reaches its centenary in 2022.

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