Garda whistleblowers not contacted in McCabe inquiry, TD claims

A retired High Court judge has failed to request material from Garda whistleblowers in his review of the treatment of Sgt Maurice McCabe, the Dáil has been told.

The claim was made on Thursday by Independent TD Clare Daly, who said people would be forgiven for thinking the review was put together as "a fig leaf'' for Minister for Justice Frances Fitzgerald to take cover for her lack of action on the issue.

“That view has been strengthened when we find, with a week to go to the issuing of his report, the former judge has not requested any material from either of the two whistleblowers,’’ she added.

“He has not met either man… he has not even spoken to either man.’’

Last month, the Government appointed Mr Justice Iarfhlaith O’Neill to review four reports from within the Garda on the treatment of whistleblower Sgt McCabe. He is due to report next week.

The claims were made in protected disclosures to the Minister by two Garda whistleblowers and relate to an alleged smear campaign against Sgt McCabe.

Ms Daly said the only interaction was a request two weeks ago to the whistleblowers’ legal teams to pass on the protective disclosure to Garda Commissioner Noirin O’Sullivan.

“You couldn’t make this up,’’ Ms Daly added. “What sort of an inquiry do you honestly expect us to believe this is ?’’

She said Mr Justice O’Neill was given no powers of compellability, no terms of reference, while attempts made by other whistleblowers to have their cases also heard were ignored.

Ms Daly also claimed Ms OSullivan had misled an Oireachtas committee when she stated she was not privy to information about a campaign of harassment against any member of the force.

The commissioner, said Ms Daly, had been in direct receipt of 14 occurrences and letters outlining precisely that situation.

Ms Fitzgerald said the good name and reputation of all individuals deserved respect and fair procedures.

She said Ms Daly was putting on the record various points about a report which a judge was currently conducting and due to submit next week.

“You have said you have access to details of that,’’ Ms Fitzgerald added. “I don’t… This is an independent report by a judge.’’

She said she had no doubt the retired judge would make clear any concerns about a lack of co-operation.

Ceann Comhairle Sean O Fearghail said TDs had absolute privilege and had to be careful on how it was used. It had been a longstanding precedent that allegations would not be made about people outside the House.

It was inappropriate to make allegations about an Oireachtas committee being misled, he added.