Tánaiste: ‘inappropriate, improper, illegal’ for her to act on email

Politicians seem to be “vying for political blood and heads on a plate” the Seanad was told after Tánaiste Frances Fitzgerald addressed the Upper House about the controversy around legal strategy at the O’Higgins commission.

Independent Senator Victor Boyhan asked why there was a parallel process in place in the Dáil and Seanad when the Charleton disclosures tribunal was currently investigating the issues.

The O’Higgins Commission investigated allegations of Garda malpractice in the Cavan-Monaghan division and the current Charleton tribunal is investigating allegations of a smear campaign against Garda whistleblower Sgt Maurice McCabe.

Earlier the Tánaiste told the House that she had received legal advice from the Attorney General that it would have been “inappropriate and improper” for her to have “interfered” in the legal strategy of the garda commissioner at the O’Higgins commission.

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The controversy surrounds an email sent on May 15th 2015 that counsel for An Garda Síochána had raised a “serious criminal” complaint against Sgt McCabe.

Ms Fitzgerald said that the email only came to her attention on Thursday and “the department had not found that email previously”.

In a staunch defence of her actions and her former role as minister for justice, Ms Fitzgerald said the Attorney General reiterated in advice on Wednesday that she could have no role in questioning or in any way seeking to influence the legal strategy of the other parties.

She told Senators that if she had intervened in the Garda’s legal strategy she would be “here answering different questions as to why I had acted illegally”.

It emerged last year that the former garda commissioner’s legal team was instructed to question Sgt McCabe’s credibility and motivation, which is being examined by the disclosures tribunal.

Opposition Senators questioned the Tánaiste about her failure to act on the email. Ms Fitzgerald said “I did not get involved in dealing with the legal approach which is still being considered by the Charleton tribunal and it is yet to be determined.”

Mr Boyhan said he had no political allegiance to the political groupings in Leinster House but “we should not undermine the tribunal” with a parallel political process.

But other Senators questioned Ms Fitzgerald’s actions and took a similar line of argument to their political leaders earlier in the Dáil.

Fianna Fáil Senator Lorraine Clifford-Lee said it was “clear to everyone that not to have acted” showed that “you agreed with the strategy”.

Ms Clifford-Lee said that if the alarm bells did not ring when Ms Fitzgerald became aware of “this scandalous strategy” then the Tánaiste’s judgment really would have to be called into question.

Sinn Féin Senator Niall Ó Donnghaile said the Tánaiste’s failure to answer questions was undermining her credibility and judgment.

He asked who first informed the Taoiseach and when did the current Minister find out about the email.

Labour Senator Aodhán Ó Riordáin said “nobody enjoys this type of event” but “we need to know that the second most important politician is up to the job and that’s why we do these things”.

He noted the defence of the Tánaiste by her party colleagues and he said he had to go and give speeches of confidence for Alan Shatter and others.

But he said it was “remarkable that we can’t find the Independent Alliance Ministers” anywhere to go to bat for Ms Fitzgerald.

But Fine Gael Seanad leader Jerry Buttimer said they knew the Labour party of old in looking for political scalps.

The Tánaiste said it had significance “when you get an email that specifically says this is for information only”, But she said “I acted on all the issues that came up about whistle-blowing.

“I hope senators will accept that all of my actions showed that I was taking the issue of whistle-blowing very seriously when I was minister for justice.”