Coalition ‘agreed last week’ independent inquiry needed

Taoiseach Enda Kenny and Tánaiste Eamon Gilmore agreed shortly after receiving a dossier from Fianna Fáil leader Micheál Martin last week that an independent assessment was required, Government sources said yesterday.

While a review of the dossier compiled by Garda whistleblower Sgt Maurice McCabe continued over the weekend, a senior figure with knowledge of the process said there “was full understanding of where this is going” among the two leaders from an early stage.

“We had no indication that there was any disagreement on the course of action,” said the source, who added it was accepted early that an outside person would be required.

Seán Guerin, a senior counsel with extensive experience in criminal law, was yesterday appointed by the Government to assess the allegations contained in the dossier that gardaí were negligent, abused process or acted corruptly when investigating 10 “sample cases”, some of which relate to serious cases including murder, rape and assault.

Mr Kenny told the Dáil yesterday he has asked Mr Guerin to report back to him before the Easter recess. The Taoiseach undertook to publish the report.

Opposition parties have been calling for a commission of investigation to be established to inquire into the allegations.

However, Mr Kenny argued that setting up this preliminary inquiry was the “prudent way to proceed in light of all the allegations and comment”.

Ministers and TDs from the Government parties pointed out last night a similar course of action was pursued when allegations surfaced of Garda malpractice in the Donegal division. A senior counsel was appointed to assess the allegations and, on foot of that, the Morris tribunal was founded. There was a real possibility that a commission of investigation would be established, said one Minister, speaking on the basis of anonymity.

In outlining why the Government had chosen this assessment, Mr Kenny said he had not been able to verify the veracity of the claims and pointed out that it was not appropriate for him to investigate how gardaí had conducted themselves.

He said he was “acutely conscious” of the scale of public discussion around the matter and its potential to affect public confidence in the Garda.

In relation to the controversy surrounding Minister for Justice Alan Shatter’s claim that Sgt McCabe had refused to cooperate with an internal Garda inquiry into fixed penalty points, Mr Kenny said Mr Shatter would make a statement in the Dáil today, ahead of a full day’s debate on this matter.

While political controversy is unlikely to subside over these issues this week, given the entrenched positions, the Government will hope its announcement of two inquiries in two successive weeks will assuage public concern that the matters are being dealt with in a process.

Mr Shatter attended a launch last night by Fine Gael of their local election candidates for the Dublin Rathdown constituency.

When asked if he thought he would still be Minister for Justice following any cabinet reshuffle, he said: “I have a serious job to do; being a Minister is a very serious job so I’ll get on with what I’m doing.”

Separately, Mr Kenny announced the Government will launch a review of the Garda oversight structures (essentially the powers of the Garda Síochána Ombudsman Commission) as well as its complaint mechanism. In the short term, an interim confidential recipient will be appointed ahead of the GSOC assuming responsibilities for receiving confidential complaints from whistleblowers within the force.

The review of the legislation, to be completed by summer, may also make the Garda Commissioner amenable to scrutiny by the GSOC.