Charles Flanagan (Laois, Fine Gael) | Oireachtas source

It is certainly in stark contrast to this time last year when the rafters of the House were lifted with frenzied indignation on the part of many Senators who are not yet here to discuss the third interim report of the disclosures tribunal but I expect they will attend later.

Any reading of the report leaves us in no doubt that a good member of An Garda Síochána was badly treated by those whose job it was to serve the people of this country, and not serve themselves. The principal finding relates to the treatment of Sergeant Maurice McCabe. The tribunal has set out in a clear and stark way the ordeal which Sergeant McCabe endured. Many aspects of the report make for very disturbing reading. What shines through at all times in this report is the courage and incredible level of resilience of Maurice McCabe and his loving family. Since the report was published I have spoken with Sergeant McCabe on the phone and, on behalf of the State, I apologised to him and his family for the manner in which he was treated over a prolonged period. He was extremely gracious and accepted that apology in the spirit in which it was offered to him. I intend to meet Sergeant Maurice McCabe in person in the coming weeks and I look forward to those discussions. I know the entire House joins with me in wishing him and his family well. My sincere hope is that Maurice McCabe, his wife Lorraine and their family, can now put this horrendous and prolonged ordeal firmly behind them and get on with their lives. I have no doubt that Sergeant Maurice McCabe has done the State some service and deserves our sincere thanks for that.

While this module of the tribunal addressed Sergeant McCabe’s situation, the report shines a light on many issues and events and contains many important lessons for us all. I propose to look at the report’s main findings and outline the way forward as I see it. I thank Mr. Justice Charleton for the efficient and effective manner in which he conducted this module of the tribunal's business and for the clarity of his report and its conclusions. I also thank Mr. Justice Sean Ryan, the former President of the Court of Appeal, who will take over the work of the tribunal for module two, in relation to the matters covered by paragraph P of its terms of reference. That paragraph covers any gardaí who made protected disclosures and who alleged that they were subsequently targeted or discredited as a result.

To put the matter in context, I will outline briefly the background to the tribunal. The tribunal arose essentially out of two protected disclosures made by Superintendent David Taylor and Sergeant Maurice McCabe to my predecessor as Minister for Justice and Equality, Deputy Fitzgerald, in the autumn of 2016. Those protected disclosures alleged that a campaign was being run by senior gardaí to discredit Sergeant Maurice McCabe. In general terms, the primary allegations which gave rise to this tribunal related to the alleged use of an entirely false allegation of serious criminal misconduct by Sergeant McCabe and the involvement of Tusla in this regard; allegations that the then Garda Commissioner, Nóirín O’Sullivan, sought to use these allegations to discredit Sergeant McCabe at the O'Higgins commission of investigation; and allegations that senior members of the service acted in a manner intended to discredit or traduce Sergeant Maurice McCabe. In relation to these matters, the report's primary conclusions are clear. It is emphatic in its vindication of Sergeant Maurice McCabe. While that vindication may have been a long time coming, it was unequivocal. It states that Sergeant McCabe is a genuine person who was concerned to maintain standards and that he has done the State considerable service by bringing failures within An Garda Síochána to the attention of the wider public. He deserves the gratitude of all of us for bringing these serious shortcomings to public attention.

The report finds that an error made in preparing a report on allegations against Sergeant Maurice McCabe was allowed to remain uncorrected. This was a Tusla issue and will be addressed in due course by my colleague, the Minister for Children and Youth Affairs, Deputy Zappone. No one before the O'Higgins commission of investigation ever accused Sergeant Maurice McCabe of any crime, hinted at it or engaged in any innuendo about it. This is an important finding for the reputation of the former Garda Commissioner, Nóirín O’Sullivan, and I will return to this point momentarily.

The tribunal found that both former Commissioner Martin Callinan and Superintendent David Taylor had not been truthful in their evidence. The tribunal accepts the evidence of my predecessor, Deputy Fitzgerald, that she decided not to interfere following an email on 15 May 2015 informing her that an issue had arisen at the commission of investigation. The report emphasises that her response was a considered one. On a personal basis, I want to say that Deputy Fitzgerald is a loss to the Cabinet, to Government and to public service and I do not believe her resignation served any public interest, although it may have served the political interests of some parties. I hope there will be an opportunity to see Deputy Fitzgerald returned to high office in the near future.