Michael McDowell (Independent) | Oireachtas source

As a former Tánaiste, Minister for Justice and Equality and Attorney General, I am in a good position to form an opinion as to whether it is appropriate for the Commissioner, against whom the gravest of allegations of misconduct have been made and which will now be investigated, to exercise her authority in An Garda Síochána and to exercise her functions while the tribunal is being organised and until it has considered its report. The relationship between the Government and the Commissioner of An Garda Síochána must be based on confidence. In anyone's language, confidence includes a solid belief and a working assumption that the person in question is truthful, reliable and appropriate to be in the position in every respect.Confidence cannot be said to exist if sufficient doubt exists in the mind of the Government in respect of the gravest allegations to warrant the establishment of a tribunal of inquiry. Moreover, confidence involves an assumption of the truthfulness of a person. When we come to a situation where there is a direct conflict between that person's position as publicly stated and that of Superintendent David Taylor, and if we are operating on the assumption that the Commissioner is being truthful, that necessarily suggests that we are operating on the assumption that the allegations against her are false. That is not the position of members of the public or Members of this House.

It is inconceivable that officers, including senior officers, of a disciplined force should be asked in their evidence to accuse, on oath and in public, of grave misbehaviour the person who is in charge of them day to day or that they be permitted to instruct counsel to cross-examine that person as to her honesty, reliability and suitability for office. It is also wrong in principle that the Garda force in its entirety, which will have a duty to co-operate in finding, presenting and making discovery of all records and evidence in its possession relating to the issues under consideration, should be under the day-to-day control of a person whose suitability for office is necessarily a central issue in that tribunal of inquiry.

Accordingly, I want to state in the strongest possible terms that there is no reason at all for the Government to permit the Commissioner to remain in office and she must step aside either temporarily for the three month duration of the tribunal and until it has reported or else permanently. People in this House have said, and rightly so, that we should not be judge and jury in this matter. The rights of all persons to fairness comes first, including the rights of the public and everybody whose interests are at stake in this tribunal. The determination of the Commissioner to remain in office during the tribunal is neither fair, appropriate nor defensible.