Official accounts of breach do not tally

In the absence of any new details on the surveillance controversy, the political heat on Minister for Justice Alan Shatter is now focusing on differences between accounts given by him and the GSOC chairman Simon O'Brien.

Shatter made a statement to the Dáil on Tuesday which, at the time, looked like it killed off the story. He said the GSOC had "no definitive evidence" surveillance had taken place and the suggestion that the Garda Síochána was involved was dismissed. His briefing to Cabinet the same day ran along similar lines, with Ministers saying the account they were given and the one provided to the Dáil were practically identical.

Yet O'Brien gave an Oireachtas committee the impression he was pretty sure surveillance had taken place and said members of the force would have to be included in any suspect group.

The problem is we have reached a point in this controversy where there is not enough proof to reach any firm judgments, yet enough leeway on both sides of the argument to allow everyone to think they are right. It has now become embroiled in political whataboutery, with conclusions being arrived at, which take three or four leaps of faith and assumption, let alone one.

An example is the suggestion that any surveillance could have been “lawfully” authorised. That makes a number of assumptions which are impossible, given the available evidence. First, it has not been fully proven there was bugging. Second, if there was, there is no evidence it was done by the State. And third, it would have to be proven that permission was sought for any surveillance.

The GSOC clearly believe it was bugged, even though O’Brien expressed his distaste for that term, but there is probably nothing more it can do about it. There is a discernible concern on all sides to calm the situation down and let the controversy pass over, so the GSOC and gardaí can go about rebuilding a relationship that has effectively been destroyed.

The Government and Shatter seem keen to stay out of the way while they do so.