Senior Government figures criticised in Fennelly report

Fianna Fáil is considering tabling no confidence motion in Taoiseach

The interim report of the Fennelly Commission has made wide-ranging criticism of senior Government figures but has cleared Taoiseach Enda Kenny of trying to force the resignation of former Garda Commissioner Martin Callinan.

The conclusions of the interim report from Mr Justice Nial Fennelly found the events leading up to Mr Callinan's resignation were "beset by serious information deficits and multiple failures of communication".

While it accepted Mr Kenny did “not intend to put pressure” on Mr Callinan to retire, it also says it was reasonable for the commissioner to conclude he should consider his position.

Mr Kenny said he welcomed the “clear and unambiguous finding that the question of removing the former commissioner from his position was not even discussed” and its finding that Mr Callinan chose to retire.

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However, Fianna Fáil leader Micheál Martin accused Mr Kenny of trying to spin the outcome of the report and his party is considering tabling a motion of no confidence in the Taoiseach.

Sinn Féin said Mr Kenny’s position is untenable.

The report is also critical of the communications across government on the wider issue of the taping of telephone calls at Garda stations. It says Attorney General Máire Whelan, who is criticised in the report, was informed about the issue in November 2013 but did not inform the Taoiseach until March 2014, in the days before Mr Callinan retired.

The report says although Ms Whelan considered by March 2014 that she had discovered a matter of the gravest public concern no contact was made with the Justice Minister or then Garda Commissioner.

“Although the Attorney was not under any duty to contact the Minister in these circumstances, it would have been both reasonable and prudent for her to have done so.”

Full confidence

Mr Kenny told RTÉ news he has full confidence in Ms Whelan.

The report is also highly critical of the manner in which the taping issue was communicated between An Garda Síochána and the Department of Justice. It said on numerous occasions while the matter was passed up the line, it was not done with adequate urgency. This was the case with officials in the Department of Justice informing then minister Alan Shatter, and with Mr Callinan informing then secretary general Brian Purcell. However, it also found significant conflicts of evidence, such as between Mr Shatter and his former officials.

However, the main element of the interim report deals with Mr Callinan’s retirement and Mr Kenny’s decision to send Mr Purcell to his home at night to convey the seriousness of the taping issue.

There was no written record “to verify the nature of that mission” after a decision was made about it at a key meeting between Mr Kenny, Mr Purcell and three others.

Mr Purcell told the commission the task was one of the worst tasks he had ever been assigned.

“It was, however, the Taoiseach who made the decision to instruct the Secretary General of the Department of Justice to visit the Commissioner at his home, late at night and to inform him that he considered the matters involving Garda telephone recording systems to be a matter of the utmost gravity.

Instructed

Mr Purcell was, at least implicitly, instructed to tell the Commissioner that the matter of the Garda telephone recording systems would be discussed at Cabinet on the following day, that the Taoiseach would be proposing the appointment of a Commission of Investigation and that there was a possibility that he, the Taoiseach, would be in a position where he might not be able to express continued confidence in the Commissioner.”

The Garda Commissioner “interpreted the message delivered to him by Mr Purcell” as an indication he should consider his position.

Tánaiste Joan Burton said the report “identifies a series of deficiencies that require careful consideration and detailed response in due course”.