Garda Confidential Recipient

Dáil Éireann Debate, Thursday - 27 February 2014

Thursday, 27 February 2014

Questions (26, 31, 217)

Pádraig MacLochlainn

Question:

26. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the grounds for dismissal of the Garda confidential recipient, Mr Oliver Connolly. [9723/14]

Mick Wallace

Question:

31. Deputy Mick Wallace asked the Minister for Justice and Equality if the decision to relieve the confidential recipient of his duties was connected to the recent release of a transcript of a conversation between the confidential recipient and the whistleblower; the immediate arrangements he has made to provide an official avenue for whistleblowing in advance of any proposed legislative changes; if he will make a statement setting out his position on the content of the transcript; and if he will make a statement on the matter. [9717/14]

Micheál Martin

Question:

217. Deputy Micheál Martin asked the Minister for Justice and Equality if he intends to appoint a new Garda confidential recipient; the timeframe for a new appointment; and if he will make a statement on the matter. [10293/14]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 26, 31 and 217 together.

The independent Confidential Recipient enables members of the Force, and civilian support staff, to report, in confidence, instances where they believe there may be corruption or malpractice within the Garda Síochána. Mr Oliver Connolly was appointed as Confidential Recipient with effect from 18 July 2011 for a 3 year period. The appointment followed the required consultation with the Garda Commissioner, the Garda Ombudsman Commission, the Garda Inspectorate, the Garda representative associations and the trade unions or staff associations representing civilian staff.

Rumours were circulating for some time regarding the existence of an alleged tape and transcript of a confidential conversation between Mr Connolly and Sergeant Maurice McCabe. I am not aware of the circumstances in which the alleged tape was made or the transcript published. At all times it has been my view that communications between the Confidential Recipient and a member of An Garda Síochána are matters private to both parties.

Given the importance of the office’s confidentiality, no justice minister could properly seek out such a transcript or tape. However, following an alleged extract from the alleged tape being placed on the Dáil record, I asked my Department to contact Mr Connolly outlining my concerns that, if the conversation as reported had taken place, his actions had undermined the office of the Confidential Recipient.

Contacts with Mr Connolly over the following weeks did not satisfy me as to his response to the controversy. I wrote to him on 19 February 2014 and informed him that in the context of his failure to unequivocally repudiate the content of the alleged conversation or take the necessary action to restore public confidence in the office of Confidential Recipient, I believed his position was untenable and I had no alternative but to relieve him of the position.

I do not propose to comment further on the alleged tape and transcript other than to say that I want to make it clear that I have no animosity towards Sergeant McCabe. I have absolutely no wish to have a continuing public, or indeed private, dispute with a serving member of An Garda Síochána. I believe it is of crucial importance that whistleblowers are treated with respect and their allegations taken seriously.

I have publicly said that I do not believe the office of Confidential Recipient and the legislation applicable to it is fulfilling the objective for which it was established. I have stated my intention to abolish the office and to enable members of An Garda Síochána who allege misconduct within the Force to have their complaints considered and addressed by the Garda Síochána Ombudsman Commission. The Cabinet has agreed in principle that an appropriate amendment to the Protected Disclosures Bill 2013 should be prepared to enable the Garda Síochána Ombudsman Commission to be prescribed under that Bill as a body to which disclosures may be made by members of the Garda Síochána.

Interim arrangements will be made to fill the Post of Confidential Recipient by the appointment of a retired judge. Every effort will be made to expedite the necessary consultation process so that the appointment can be made as soon as possible.