Dáil Éireann Debate, Thursday - 13 October 2016
12. Deputy Michael Harty asked the Tánaiste and Minister for Justice and Equality her views on a matter (details supplied) regarding Garda whistleblowers; and if she will make a statement on the matter. [30146/16]
Amharc ar fhreagraOn 3 October, 2016 I received two protected disclosures under the Protected Disclosures Act 2014. In accordance with the Act I can say nothing publicly which might identify the persons making the disclosures and I cannot comment on the accuracy or otherwise of reports which have appeared in the media about the nature of these disclosures. It is vitally important that the claims of people making such disclosures are properly addressed. It is also important to ensure that the rights of such individuals to fairness and proper procedures is provided for.
Having consulted with the Attorney General, I asked Mr. Justice Iarfhlaith O'Neill, a former Judge of the High Court, having regard to the provisions of the Protected Disclosures Act, 2014, to:
- review allegations of wrongdoing contained in the disclosures
- make any inquiries with persons or bodies that he considers appropriate in relation to the review
- report to me within six weeks on the conclusion of the review including any recommendations which he may consider necessary in relation to any further action which may be appropriate and warranted to address the allegations.
I have no plans to amend these terms of reference. On conclusion of the review and in light of any recommendations I will consider what further steps may be necessary.
In light of the public interest in An Garda Síochána having robust policies and procedures in place to support and protect whistleblowers and to ensure that their complaints/allegations are fully investigated, I wrote to the Policing Authority on 2 June 2016 requesting that in accordance with section 62O(6) of the Garda Síochána Act 2005 (as amended) they submit a report on the policies and procedures in place in An Garda Síochána to deal with whistleblowers/whistleblowing. I also asked that they make any recommendations that they consider appropriate in order to ensure that the policies and procedures in place are appropriate and can provide assurance that whistleblowers can make complaints/allegations in a safe environment where their complaints/allegations are properly investigated.
While there have been significant changes in the regime for making protected disclosures by members of the Gardaí and the significant protections afforded to those who make protected disclosures, the Deputy will appreciate that I will consider very carefully the report from the Policing Authority when it is available.
