Seanad debates

Tuesday, 23 October 2018

Disclosures Tribunal Report: Statements

 

2:30 pm

Photo of Ivana BacikIvana Bacik (Independent) | Oireachtas source

That is rather a challenge. I welcome the Minister and the opportunity to debate the important report. I say to the Leader that I hope we will have more time to debate it further as we are short of time.

As the Minister has done, I commend Mr. Justice Charleton on his forensic analysis and very clear recommendations and findings in this important report. In the short time available to me, I acknowledge the comments and points made by my colleague in the Dáil, Deputy Sherlock. He made three key points, namely, that Ministers must account fully and accurately to the Dáil, that the tribunal accepted the sworn evidence of all Deputies who gave evidence before it, and that the Policing Authority must be retained for openness and accountability.

I acknowledge also, as the Minister did, the findings of Mr. Justice Charleton in respect of the former Minister, Deputy Fitzgerald, and, on a personal note, commend Deputy Fitzgerald on all of her work as Minister for Justice and Equality. Those of us in this House worked very closely with her on many pieces of important legislation such as the Criminal Law (Sexual Offences)(Amendment) Bill.

I pay tribute to Maurice McCabe and acknowledge the utter vindication of him by the tribunal report. I note the Minister's apology also and all of us, as public representatives, join him in that.

The findings of the tribunal are very important. It found that Maurice McCabe was an officer of exemplary character who has done the State considerable service.

I acknowledge also that Mr. Justice Charleton greatly praised ordinary rank-and-file gardaí who do a very difficult job, but he was highly critical of the culture in An Garda Síochána and of aspects of Tusla, which as the Minister stated is a matter for the Minister for Children and Youth Affairs, Deputy Zappone, to deal with but which must be highlighted when we see phrases such as "startling inefficiency" and a chaotic failure in senior management in respect of Tusla. That should be acknowledged.

In terms of the report's findings on An Garda Síochána, many of the findings are not new. Those of us who served on the Joint Committee on Justice and Equality, including Senator Conway, will be conscious that the Garda Inspectorate made similar findings. The Guerin report, the Morris report and the O'Higgins report made findings in respect of difficulties, problems and flaws within the Garda Síochána culture that have to be addressed.

Some quotes stand out from the Charleton report. On page 295 there is reference to a "cultural shift requiring respect for the truth is needed". That is a shocking thing to say about a policing service. The obligations of the Garda that Mr. Justice Charleton suggests as recommendations also stand out, as they did for the Minister, as he pointed out.

The report notes that structures within the Garda have changed since the Morris tribunal, notably the establishment of a Policing Authority, long sought by my party, to ensure external governance and the passage of the Protected Disclosures Act. The report points out that structures can be put in place readily, but a change of culture is markedly more different and that is what is needed.

I will conclude by referring to two specific recommendations made by Mr. Justice Charleton, on one of which the Minister pointed out he will be taking action, along with the Department of Public Expenditure and Reform. The first is that those of us in the Oireachtas need to consider amendments to the Protected Disclosures Act to ensure it is not abused. The Minister made a very good point on that and the report, at page 299, is very clear on it. We all need to reflect on that.

Second, Deputy Sherlock referred to the impact of the report on the way we implement the recommendations of the O'Toole Commission on the Future of Policing in Ireland. As Deputy Sherlock stated, the Policing Authority was a very important reform in terms of ensuring external oversight of An Garda Síochána. The report of the O'Toole commission set out a very clear blueprint for overall reform of the Garda Síochána, which is very welcome in that regard. Nonetheless, we need to consider very carefully the recommendations in respect of changes to the governance and management of the Garda Síochána, particularly the report's recommendation that there would be a statutory Garda board to strengthen internal governance and management, along with a new oversight body to be called the policing and community safety oversight commission, which effectively would be a merger of the Policing Authority and the Garda Inspectorate. I know there is a recommendation from a minority, Dr. Vicky Conway and Dr. Eddie Molloy-----

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