Charles Flanagan (Laois, Fine Gael) | Oireachtas source

What we expect of others we should also expect of ourselves. During her tenure as Garda Commissioner, Nóirín O'Sullivan was frequently before Oireachtas committees. She was subjected to questions that sometimes crossed the line that divides robust inquiry from personalised attack. In the end these allegations, which have been found by the tribunal to be unsupported by evidence, became more than anyone could reasonably bear, particularly in an extremely pressurised, responsible and visible job such as that of Garda Commissioner. The tribunal did not find any evidence that the former Commissioner Nóirín O'Sullivan was party to the calumny visited upon Sergeant McCabe or indeed any wrongdoing on her part regarding Superintendent Taylor. It is important in all the circumstances that these findings are recorded in the House. As I did on the occasion of her retirement, I thank Commissioner O'Sullivan for her service. I acknowledge wrongs perpetrated against her in this and other Houses, and I wish her and her family well in future endeavours.

While some members of An Garda Síochána are revealed by the tribunal to have behaved in a reprehensible manner, Mr. Justice Charleton also highlights the diligent and professional approach taken by many members of the organisation. As Minister for Justice and Equality this gives me grounds for optimism for the future. The misdeeds of the few should not taint the majority. Mr. Justice Charleton raises the fact that the Oireachtas did not debate his second interim report dealing with terms of reference (n) and (o), regarding complaints made by Garda Keith Harrison. I am sure that Senators will acknowledge that there can be a level of furore regarding a matter giving rise to a tribunal that is seldom matched by in-depth analysis on publication of the report, especially if it makes for uncomfortable reading for Members of the Houses of the Oireachtas. We should not shy away from some degree of self-reflection as a Parliament if we are to ensure the maintenance and preservation of a healthy democracy.

Garda Harrison and his partner, Ms Marisa Simms, alleged that the Garda Síochána at the highest level had prevailed on the HSE to intervene in their family affairs as a consequence of the making of protected disclosures by Garda Harrison. The media coverage of these allegations, when put together with Sergeant McCabe’s experiences with Tusla, opened the appalling vista of the Garda Síochána colluding with the social services to target members who raised issues. Mr. Justice Charleton fully investigated Garda Harrison’s allegations. He finds: "All of the allegations of Garda Keith Harrison and Marisa Simms examined by the tribunal are entirely without any validity." Mr. Justice Charleton goes on to say: "It is appropriate here to exonerate everyone in social services and in policing accused by them of discreditable conduct." His words require no further elucidation on my part.

Let me turn to the future. I very much welcome the Garda Commissioner's initial response to the report last week. I met Commissioner Harris earlier today and I assured him of my support as he addresses the findings in this report. It is clear that there are consequences to be dealt with for individuals and much of that will fall to the Garda Commissioner. It would not be helpful for me to comment directly on these matters at this juncture. I can say, however, that any action required of me or my Department will be followed up speedily and thoroughly. Mr. Justice Charleton also refers to protected disclosures and how they were used in the lead-up to the establishment of the tribunal. I note that he questions in particular if there is a lacuna in the system whereby protected disclosures properly made in accordance with the Protected Disclosures Act 2014 are then made available to Members of the Oireachtas and to the media to whom the subjects of the allegations have little or no opportunity to respond. This has created a situation where those accused are practically considered guilty until proven innocent. It is an abuse of an Act introduced to protect genuine whistleblowers from reporting what they reasonably believed to be genuine wrongs. The issue raised by the tribunal merits consideration and I will raise this with my colleague, the Minister for Public Expenditure and Reform, whose Department has carriage of this legislation.

Mr. Justice Charleton is right when he says that new structures will not of themselves create the culture that will avoid the repetition of bad practice that has been highlighted now in a number of reports on the Garda Síochána. It requires significant cultural change, embedding consistent good practices and conscientious supervision by those in management ranks. An Garda Síochána commissioned an independent organisational culture audit earlier this year, which spoke to many rank-and-file gardaí, and the report also highlights many of the issues addressed by the report of the tribunal. It is imperative that measures are taken by the Garda Commissioner to address the findings of the audit. Furthermore, as the House will be aware, the Commission on the Future of Policing in Ireland reported on 18 September. The commission has produced a comprehensive roadmap for the transformation of An Garda Síochána. No more than the disclosures tribunal report, I strongly recommend anyone with an interest in policing to read the commission's report from cover to cover. I am engaged in a consultation process with the Departments and agencies on which the report will have an impact, and I will be returning to Government with a high-level implementation plan before the end of the year.

The report specifically recommends new oversight architecture for policing that defines and separates responsibility for governance, oversight and accountability. It also addresses the critical issue of discipline in An Garda Síochána and, similar to Mr. Justice Charleton’s report, recommends a new disciplinary regime. The Garda Síochána Ombudsman Commission, GSOC, would be replaced by a new complaints body that would handle all complaints against An Garda Síochána that raise serious issues about standards of policing or police integrity itself, such as potential breaches of the law, violation of human rights or corruption, and issues that might indicate a widespread or systemic problem within the police. These measures and others in the report have the potential to break the cycle of controversy that has beset An Garda Síochána for far too long. The implementation plan for the commission’s report will take full account of the issues and recommendations raised in the tribunal report.

To return to where I began, Sergeant Maurice McCabe has done the State a huge service. Mr. Justice Charleton has done likewise, but their service will be for nothing if we do not respond appropriately. I was greatly taken with the set of obligations on gardaí set out towards the end of the report, namely, to take pride in their work and their uniform, to always be honest, to be visible, to be polite, to serve the people of Ireland, to treat the obligation to the public as superior to any false sense that gardaí should stick up for each other, and the obligation of self-analysis. These are simple values - doing the right thing, being honest and decent - but they are fundamental. These are the standards that we should all observe, as public servants, as Members of this House and indeed as human beings, and they are certainly what the public has a right to expect of An Garda Síochána at each and every level.

My Department is engaged in a reflective process in undertaking the fundamental transformation of its structures and processes arising from the first interim report of the effectiveness and renewal group. The second interim report was published yesterday and comments favourably on good progress having been made across the Department. That self-reflection will continue and deepen to take on board the tribunal report. Clearly, there are lessons for An Garda Síochána, for my Department and indeed all public bodies, for the Government, for the Oireachtas and, not least, for the media. A central tenet for all of us is that we must learn how to act more effectively in facing up to and determining the truth of allegations while not making the mistake of treating these as given facts in all circumstances. Above all, we must respond appropriately as a society to those who speak up to highlight a wrong. For my part, I am determined that these lessons must and will be learned and applied.