Rónán Mullen (Independent) | Oireachtas source

I welcome the Minister. There is unanimity that this tribunal is important, necessary and welcome. I have been a critic of the choice of tribunals as opposed to commissions of inquiry. Let me put it another way. I have welcomed the emergence of commissions of inquiry as an alternative to tribunals. However, I am prepared to believe the circumstances in this case are so serious and unusual and that the role of An Garda Síochána is of such fundamental importance that only a tribunal could deal properly with the issues involved. It is no rash prejudgment of the findings of the tribunal to say Sergeant McCabe and his family have been very badly treated - shamelessly treated - by the State apparatus in various ways. Neither is it showing any lack of respect to An Garda Síochána, to which we owe much and the vital job of which we should always recognise, to say issues of culture in it arise in this case and that the mere discovery of the facts of what happened to Sergeant McCabe, his allegations and subsequent treatment is one thing, but the diagnosis of any possible culture of vindictiveness, unhealthy conformity or groupthink in An Garda Síochána is just as important. Perhaps that is critical to the future healthy resolution of the problems that have surfaced in this affair. Whether we truly move forward will depend on whether the tribunal can be a part of addressing, examining and, if necessary, exposing a culture that needs to change.

We also need to consider what the implications for Tusla will be. It seems at times that it has operated in a weird parallel universe. It is not the first time we have had to talk about a culture within it that some might call mendacious and others incompetent. We know that it has a difficult remit, but there have been cases in which the Garda found no evidence of wrongdoing but Tusla continued to carry on with actions that undermined people's reputations. That may very well surface in the work of the tribunal's chairperson and those who will assist him.

On the Commissioner's role, much has been said about whether she should stay or go at this point. I often recall the words of Cecil Rhodes when Charles Stewart Parnell found himself in trouble. In a telegram Mr. Rhodes sent the advice: "Resign, marry, return." This is not completely on all fours with the case in question, but I often lament the fact that we do not seem to have a culture whereby a person can step aside without it necessarily implying the impugnment of his or her integrity or reputation. That is not to discharge the Commissioner of her responsibility to see the issues involved clearly. We live in a country in which, for example, school principals go on secondment all the time and are replaced while they are away doing certain jobs, often for the Department of Education and Skills, by acting school principals. Therefore, it should not be alien to our culture that a person in the frame so directly as the Commissioner should consider it possible to step aside pending the resolution of certain matters. It is the Commissioner's responsibility but also ours to ensure we do not find ourselves in a winner-take-all culture, that we will find the language through which it will be publicly shared and understood stepping aside does not necessarily mean disgrace. I say this to echo what my colleague, Senator Gerard P. Craughwell, said.

I wish Mr. Justice Charleton well.I echo the view of my colleague, Senator McDowell, that he is absolutely the man for the job who can cut to the chase and has the expertise and the integrity to deal with the issues.

I feel sorry for him too. It is a bit like when one offers to give up a room in one's house to people for the weekend and gets the applause of the whole community for doing so, and now one is being asked to give up one's whole house and there is a serious question about whether they will be gone by Monday as well. Mr. Justice Charleton has all my sympathy because his public-spiritedness has led him to this role and I would be surprised if it is over by Christmas or by the three months spoken of. That is not to be flippant about a very serious matter. I hope that things can be achieved within the timeline, but this is a difficult and knotty issue and none of us is underestimating that.