Lorraine Clifford Lee (Fianna Fail) | Oireachtas source

I thank the Tánaiste for her statement.

Fianna Fáil welcomes the decision to launch a commission of investigation into the allegations of a Garda-managed smear campaign against Garda whistleblowers. The establishment of a formal inquiry to examine these serious allegations is necessary. Fianna Fáil has been clear in saying that such an investigation is needed. We look forward to Mr. Justice Peter Charleton working towards a speedy conclusion to his investigation in order that we can get to the truth of these matters as soon as possible. We also propose a number of amendments to the commission's proposed terms of references. I also bear in mind what the Minister said about sticking as closely as possible to existing proposals and consequently the proposed amendments are limited but we feel they are necessary.

As we know, the investigation stems from the publication of the O'Higgins report into alleged Garda malpractice. However, Fianna Fáil is concerned about the contents of transcripts of proceedings at the O'Higgins commission of investigation. These leaked transcripts appear to indicate that counsel for the Garda Commissioner was questioning the credibility and motivation of the whistleblower, Sergeant Maurice McCabe. The transcripts state that the instructions were at all times to challenge the motivation and credibility of Sergeant McCabe with regard to the corruption and malpractice allegations. We believe that it is crucial for the Commissioner to clarify the situation whereby her statement that she does not and has never regarded Sergeant McCabe as malicious would seem to undermine her instructions to her counsel to the O'Higgins commission of investigation.

Yesterday, the Labour Party leader, Deputy Howlin, used his Dáil privilege to tell how a journalist alleged to him that Commissioner O'Sullivan had made very serious allegations of sexual crimes about Garda whistleblower Sergeant Maurice McCabe to journalists in 2013 and 2014. Fianna Fáil believes that Deputy Howlin's statements in the Dáil yesterday were inappropriate and unfair. It is unfair to both Garda Commissioner O'Sullivan and to Sergeant McCabe and it is completely inappropriate that Deputies use this privilege afforded to them to generate publicity for their own purposes. We support the Commissioner staying in place pending the outcome of these investigations into allegations. People should not automatically have to step aside when there are allegations, as this will prejudice their position. We are happy for her to stay in place pending the outcome of the investigation in order that a speedy outcome can be found to these allegations. Furthermore, the consequence of such a commission would be that any subject of a commission inquiry would have to resign. That is unfair. The most important thing is that truth is established in a speedy fashion.

Fianna Fáil will propose a number of amendments to the terms of reference while sticking as closely as possible to the outlined terms of reference. We want to know what knowledge former Commissioner Callinan or Commissioner O'Sullivan had of these allegations of criminal misconduct made against Sergeant McCabe and whether they acted upon it in a manner intended to discredit Sergeant McCabe. We also want the commission to investigate contact between An Garda Síochána and media or members of Government or both. This inclusion of Government is very important, given the circumstances surrounding the resignation of former Commissioner Callinan and the general running of the Department of Justice and Equality under Fine Gael, which has been farcical and has resulted in unprecedented scandals, mismanagement, investigations and resignations in the justice sector.

Fianna Fáil is committed to An Garda Síochána being active, visible and effective in our communities and oversight and accountability are crucial to this end. People depend on An Garda Síochána to feel safe in their communities and to uphold the rule of law. That is why it is important that their elected representatives here in the Oireachtas hold the police force to account. We welcome the decision and look forward to a speedy conclusion.