Stephen Donnelly
Question:319. Deputy Stephen S. Donnelly asked the Minister for Justice and Equality the date and manner in which he relieved from duty the confidential recipient, Mr. Oliver Connolly. [10924/14]
View answerTuesday, 4 March 2014
Questions (319, 320, 321, 322)
Stephen Donnelly
Question:320. Deputy Stephen S. Donnelly asked the Minister for Justice and Equality the termination arrangements which apply to the confidential recipient, Mr. Oliver Connolly, including the final date of his tenure and the compensation or termination payments made or agreed to be made to him. [10925/14]
View answerStephen Donnelly
Question:321. Deputy Stephen S. Donnelly asked the Minister for Justice and Equality if he will provide a reference to the legislative basis for his relieving from duty the confidential recipient, Mr. Oliver Connolly. [10926/14]
View answerStephen Donnelly
Question:322. Deputy Stephen S. Donnelly asked the Minister for Justice and Equality if, prior to his relieving from duty the confidential recipient, Mr. Oliver Connolly, he consulted with the Commissioner, the Ombudsman Commission, the Garda Síochána Inspectorate, the Garda Síochána Representative Associations and the trade unions or staff associations recognised as representing civilians; if he did, if he will provide in tabular form, whom he consulted with; the date of consultation and the position on the relieving from duty of the person consulted. [10927/14]
View answerWritten answers
I propose to take Questions Nos. 319 to 322, inclusive, together.
The Garda Síochána (Confidential Reporting of Corruption or Malpractice) Regulations 2007, made under the Garda Síochána Act 2005, provide for the appointment of an independent Confidential Recipient. The Regulations provide that a person shall be appointed for a period of three years and that the appointment is subject to such terms and conditions as I may determine with the consent of the Minister for Public Expenditure and Reform.
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. The terms and conditions of the appointment provided that the Confidential Recipient could resign his appointment at any time by letter addressed to myself as Minister, and that I in turn could terminate the appointment at any time by letter stating the reason for such termination. There is no requirement in the Regulations for consultation with the prescribed persons and organisations in the event that an appointment is terminated.
Rumours were circulating for some time regarding the existence of an alleged tape and transcript of a confidential conversation between Mr. Connolly and a Garda whistleblower. 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 did not satisfy me as to his response to the controversy and that the Office of the Confidential Recipient would not continue to be undermined in light of this. I wrote to him on 19 February 2014, as provided for under the terms and conditions of his appointment, 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 forthwith of the position. Mr. Connolly will be paid the allowance due to him up to and including the date he was relieved from his position (19 February, 2014). No severance or gratuity is payable.
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. 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 are being made to fill the Post of Confidential Recipient by the appointment of a retired judge. Every effort is being made to expedite the necessary consultation process so that the appointment can be made as soon as possible.