Opening Remarks
A Cheann Comhlairle, members of the House,
I welcome this opportunity to debate the Report of the O’Higgins Commission.
Mr Justice O’Higgins is a distinguished retired judge of the High Court and I want to take the opportunity to formally record my thanks and appreciation to Mr Justice O’Higgins for his thorough, thoughtful and clear report on matters which were, as we know, far from clear when this process started.
We were fortunate to engage the expertise, the experience and the wisdom of a man with decades of immersion in the judicial system and all the insights derived from that.
The O'Higgins Commission was conducted to the highest professional standards.
The O'Higgins Report is clear and unequivocal.
Last Saturday, I attended, together with An Taoiseach, a ceremony in Dublin Castle commemorating the 88 members of An Garda Síochána who have fallen in the line of duty.
Inevitably it was moving to be there. All the more so when collectively we tried to comfort those who had recently been bereaved by the loss of the young lives of Gardaí taken away by very evil individuals.
And it struck me that whatever controversies arise in An Garda Síochána, whatever the problems that need to be addressed, we should never fail to show our appreciation for the work they do. Since its foundation An Garda Síochána has served this State well. We, in this House, are not the people who put our lives on the line to keep our communities safe.
Yesterday, we saw yet more bloodshed in a gang feud that is being carried out with unprecedented ruthlessness.
This house will have other opportunities to discuss gangland crime in more detail but I want to make one thing clear - whatever resources are needed and, however long it takes the activities of these gangs and others will be confronted head on. Of its nature it takes time but the Gardaí have defeated gangs who believed themselves untouchable before and they are determined to do so again.
I want to express my full support for An Garda Síochána at every level for the work they are doing to confront these gangs, and for meeting the daily concerns of ordinary people in trying to keep them safe.
That, of course, does not mean An Garda Síochána should be immune to criticism. The importance of the work the Gardaí do makes it all the more vital that it is done right. But I believe that it is important that that criticism should have a clear aim: to bring about the improvements that will make An Garda Síochána the world class policing service that we all want it to be.
And the fact is that the O'Higgins Commission report sets out real problems which quite simply have to be addressed.
My priorities are clear: we need to do everything we can to ensure victims are not let down again in the way that is detailed in the report; and we need to make sure that where wrongdoing is reported by members of An Garda Síochána that it is dealt with properly and the persons alleging wrongdoing are protected.
We often talk of "drawing a line under" bad episodes in the work of An Garda Síochána. I don't buy that for a moment. It is not about drawing lines under anything. Instead it is about rooting out bad practice and putting in place proper, durable, and sustainable policies and procedures to prevent a recurrence.
And reform must be the watchword of the organisation.
Reform can never stop.
Controversy over transcripts
Since its publication, much of the debate on the Report has been overshadowed by controversy about what may or may not have been said during parts of the proceedings of the Commission.
I could devote much of this speech to repeating at great length the arguments that I made here last week. We entrusted a Commission of Investigation to look into all these matters and that is exactly what the Commission did.
The Commission was held in private session for a very good reason. In any such examination of the behaviour or misbehaviour of individuals at any level within a state body, it was vital and will always be vital, that witnesses can give testimony and be questioned on it in a safe situation, where they can tell the truth as they believe it to be without seeing their evidence in the paper the following day.
That protection of witnesses is pivotal is crucial, to the establishment of Commissions of Inquiry in the future in this country.
I believe the right thing to do is to accept fully Mr Justice O'Higgins's report. It is hard to see how any public interest is served by seeking to re-run its work.
Commissioner’s statement
I do of course understand the concern that has arisen in relation to some of the matters that have been reported, and I believe that it is in the public interest to address these matters within the constraints that apply.
I said in the House last week that, despite the difficulties, I was sure the Garda Commissioner would try to put further information into the public domain if it proved feasible to do so. This morning she has done so and I have arranged for each Deputy to receive a copy of that statement for information purposes. I believe she has made a genuine attempt to deal with these matters as fully as possible given the very real constraints under which she is compelled to operate. I welcome the fact that there is a meeting of the Policing Authority with the Garda Commissioner tomorrow and, without wishing to interfere in any way with the independence of that Authority, it is of course open to the Authority to address these matters, within the constraints which apply, at a public meeting at some stage in the future. It is only recently that the Oireachtas set up the Authority as an independent oversight mechanism in relation to An Garda Síochána and it should be allowed an opportunity to do its work.
I want to emphasise that I continue to have every confidence in the Garda Commissioner.
She faces the same challenges as in transforming any large organisation, and the particular challenge of doing so while meeting the daily demands placed on an organisation charged with protecting the people and the State from crime.
The statement from the Garda Commissioner speaks for itself. But there are two matters arising from it that I want to mention to the House.
Referral to GSOC
The Commissioner has asked me to use the legal powers available to me to ask the Garda Síochána Ombudsman Commission to investigate matters alleged to have occurred in relation to a meeting in Mullingar involving certain officers. I want to tell the House I intend to do this and am consulting with the Attorney General about the precise nature of such a referral.
I welcome the fact that the Commissioner has requested this action, and I recognise that this issue has led to significant public concern. It is right that we try to establish the truth of the matter.
Whistleblowing/request for Policing Authority report
I also want to address the broader issues around whistleblowing. No-one should underestimate the difficult issues confronting any organisation when whistleblowing takes place: balancing the rights of those making allegations with those against whom allegations have been made.
And there is no point in pretending that these difficulties are not of their very nature all the greater in an organisation like An Garda Síochána. When your job can involve great dangers, when you have to confront people who will not hesitate to harm you, you need to know that those you work with support you in these difficult tasks.
That is human reality. But what can be a great virtue in some circumstances can become a great vice in others. And while ranks have to be closed against those who pose danger to the community, they should never be closed against the truth, however unpalatable that truth is.
The lesson from the O'Higgins report is clear: An Garda Síochána can only benefit from taking seriously allegations of wrongdoing by its own members, valuing them and supporting those who bring these matters to light. We never want to see again the situation in which Maurice McCabe found himself; nor do we want to see people having to live for long periods under the shadow of unfounded allegations.
We have changed the law, through the Protected Disclosure Act, to ensure that there has been a sea-change in the options open to those who want to report wrongdoing. Now any Garda can have their complaints independently examined by the Garda Síochána Ombudsman Commission and that is what is happening. But laws of themselves do not change culture. That requires a relentless reinforcement of the values of the organisation, led from the top. And while I believe there has been clear progress, I think it is in the interests of An Garda Síochána, and the public interest, that there is independent verification of that.
So I can tell the House today I will be using the powers available to me under the legislation establishing the Policing Authority to ask the Authority to conduct a detailed examination of the procedures and policies around whistleblowing in An Garda Síochána and to prepare a report on the matter, including any recommendations necessary to ensure those arrangements operate to best practice.
Policy is only part of the approach to whistleblowing. Changes to culture, attitudes and acceptance of those changes are also crucial.
Talk of change must be matched by evidence of change – real cultural change. That is how trust in An Garda Síochána will be maintained and safeguarded.
Background: Guerin Report
The genesis of this Report was a number of very serious allegations relating to Garda investigations that were made and were well publicised. The Taoiseach requested Mr Sean Guerin to review the action taken in relation to those allegations made by Sergeant Maurice McCabe. Mr Guerin reported in May 2014. His review was an initial non-statutory examination of these matters. The principal conclusion of the Guerin report was that a full Commission of Investigation should be established, with all of the statutory powers available to such inquiries, in order that everyone would know exactly what had taken place. The Government accepted this recommendation and agreed to establish the O’Higgins Commission of Investigation.
As a result of that decision we now know that there were serious failings and shortcomings in how some of these investigations were conducted. That is something that both I, as Minister for Justice and Equality, and the Government take very seriously.
Publication of Commission Report
Mr Justice O’Higgins presented his report to me on 25 April. I published the report on 11 May following legal advice from the Attorney General that there was nothing in it which might prejudice any criminal proceedings that are pending or in progress.
The Government and I accept the conclusions of the O’Higgins report and will act on them.
I very much appreciate that the events outlined in the report have been traumatic for many people who have been affected by them. It would be an injustice to those who brought matters to light in the public interest and those who have lived under their shadow for a long time, if we did not take on board the lessons from these events.
It is worth reminding ourselves of the balanced findings of Mr Justice O'Higgins. He described Sergeant McCabe as a man of integrity who has performed a genuine public service at considerable personal cost. He is due the gratitude, not only of the general public, but also of An Garda Síochána and of this House.
The report is clear that there were serious failings in certain investigations and, again, we have to recognise the public service performed by having these brought to notice.
But, it cannot go without comment that the report also found that certain allegations of corruption against senior officers were found not to be true. Indeed, with regard to former Garda Commissioner Callinan the report states that
“It must be stated clearly and unambiguously that there is not a scintilla of evidence to support an allegation of any type of corruption against the former commissioner. ."
In relation to other senior officers the Commission found what the judge described as 'hurtful' complaints of corruption unfounded and pointed out the people involved had to live for many years under the strain of these allegations.
And it is important that I put on the record that the report has shown that my predecessor – former Minister Shatter - , and the officials in the Department of Justice and Equality, acted properly at all times in handling the issues that came to them. We should recognise the contribution that Alan Shatter has made to public life and in particular the many achievements, particularly in the legislative sphere, of his time as Minister for Justice.
Far from finding the slightest fault with the approach of Alan to any of these serious matters, the report uses descriptions such as ‘appropriate’ and ‘entirely reasonable’ to characterise his behaviour in all the matters involved.
This is a Report that must be considered carefully in its totality, and we must learn all of the lessons from it.
Victims let down
The Report identifies cases where victims of crime were failed by An Garda Síochána. That is as unacceptable as it is disheartening and we must take all actions open to us to ensure that these shortcomings are not repeated.
I met Mary and George Lynch on Monday. Mary’s bravery both on the night of her attack and since then in telling her story is an inspiration to us all.
Her experience as a victim should be read by every new and current member of An Garda Síochána. Mary told me she had lost trust in An Garda Síochána. We must establish that trust between victims of crime and the Gardaí.
Victims must be at the heart of the Garda Service.
In the past the needs of victims of crime have sometimes been overshadowed by a focus on apprehending and prosecuting perpetrators. We must ensure that our response to criminal behaviour is a comprehensive one while putting the needs of victims at the forefront.
Garda Reforms to date
A number of reforms have taken place since the events which gave rise to the Commission occurred. Many of these are relevant to the findings of the report and the matters it addressed.
To summarise briefly:
· Most significantly the new independent Policing Authority has been established to oversee the performance by the Garda Síochána of its functions relating to policing services. The first public meeting of the Authority with the Garda Commissioner took place on 25 April and I look forward to the Authority playing an important part in the ongoing reform process.
· The Protected Disclosures Act 2014, which was part of the previous Government's comprehensive approach to enhance the protection available to whistleblowers.
· In the interests of increased transparency, the Freedom of Information Act was extended to include An Garda Síochána under the last Government.
· In November 2014, the Garda Inspectorate published a comprehensive report on Crime Investigation. Significant work is continuing to implement its recommendations
· The new Programme for Government contains a commitment to bringing up Garda strength to 15,000 as well as to increases in the Garda Reserve and further investment in CCTV. Accelerated recruitment will get underway this year.
· We have committed an additional €205 million in new technology and ICT, to equip An Garda Síochána for the digital era.
· The last Government invested more than €34 million to purchase over 1,300 new Garda vehicles since 2012. 720 new vehicles are coming on stream since the start of last year.
· GSOC has also seen its powers enhanced. The role and remit the Ombudsman Commission has been strengthened, including now having the power to investigate complaints against the Garda Commissioner. This is a significant new departure and should serve to increase confidence in the accountability of the Commissioner and of the force as a whole.
More remains to be done.
Conclusion
But I return to a point I made earlier. There is no end to reform. This is an ongoing journey of practical and cultural change that can never cease. As our country and society changes, so too must An Garda Síochána continue its journey as an organisation that faces outward, embraces change and protects whistleblowers.
In most cases An Garda Síochána depends on moral persuasion instead of armed force. Moral persuasion depends on public trust and public trust is earned by professionalism, high standards, honesty and openness. That is what we expect – that is what I expect – from An Garda Síochána.
The first Garda commission envisaged an unarmed force dependent on "moral suasion." That requires that every member of the force, every day, wins the trust of members of the public, because trust is the currency of our police service.
I accept that there were failings and I accept that there must be change.
I, and the Government, will do everything possible to support the ongoing reform of the Force and I look forward to working with everyone in this house, particularly the new Justice Committee and spokespersons on these matters.