Former minister for justice Alan Shatter has said he will "reflect" on a High Court ruling which dismissed his challenge of the Guerin report.
The Court yesterday found against Mr Shatter’s challenge on all grounds. He had sought to quash the parts of the report by barrister Seán Guerin that examined his handling of allegations made by a Garda whistleblower, Sgt Maurice McCabe.
It was held that Mr Guerin's report was an expert opinion from an independent senior counsel obtained by the Government on foot of a contractual arrangement entered into, Mr Justice Seamus Noonan said.
The report did not therefore give rise to any justifiable controversy between the parties such as would permit Mr Shatter to seek judicial review.
Mr Justice Noonan said he could not see how Mr Shatter, as a member of the Government which decided to obtain and publish the Guerin report, could complain of the consequences.
Mr Shatter told The Irish Times: "The High Court decision was delivered today and I wish to read the judgment and reflect upon it."
Canvassing
Mr Shatter would not be drawn on whether or not he would consider an appeal.
The Fine Gael TD for Dublin Rathdown has been a prominent proponent of a Yes vote in the same-sex marriage referendum and indicated his immediate priority was to continue canvassing.
One of the grounds of an appeal might be a challenge to the possible implication that government ministers and officials criticised by less formal reports such as Mr Guerin’s might have no recourse to appeal the findings.
The case will have no bearing on the publication of the interim report of the commission of investigation, chaired by Mr Justice Nial Fennelly, as it relates to another matter.
The Fennelly commission is inquiring into the secret taping of phone calls at Garda stations. It has also been asked to provide an interim report on the resignation of Garda commissioner Martin Callinan in March 2014.
The report into the resignation of Mr Callinan is nearing completion, However it has been delayed by an issue which arose which required a witness to be recalled for “further oral evidence”, to clarify a matter.
‘Responded’
Taoiseach Enda Kenny has refused to confirm whether or not he was one of the witnesses recalled to give further evidence.
He told the Dáil last month: “I was called before the commission of investigation and I responded to that.
“I took the view the law says clearly that it is an offence to make any comment about any evidence before the commission and I took that view quite literally.”
