Garda whistleblower inquiry may be widened

by Vivienne Clarke, Pat Leahy, Derek Scally, Marie O'Halloran

The Government is likely to accept amendments to the terms of reference of the Commission of Investigation into the alleged smear campaign against Garda whistleblower Sergeant Maurice McCabe, raising the prospect that the scope of the inquiry could be widened.

However, The Irish Times understands that a Dáil vote on the terms of reference is now unlikely to take place today, with sources suggesting that the process could extend into next week.

The Dáil will hear three hours of statements on the matter this afternoon, beginning at 1pm.

The Government decided on Tuesday to establishment a commission under Supreme Court judge Peter Charleton to investigate the claims that Garda Commissioner Nóirín O’Sullivan and senior gardaí conducted a campaign to blacken the name of Sergeant McCabe in order to discredit his evidence of Garda malpractice.

Ms O’Sullivan has vehemently denied the claims but following an initial inquiry by retired Judge Iarfhlaith O’Neill, the Government decided to proceed with the inquiry.

On Wednesday, draft terms of reference, supplied by Mr Justice O’Neill with his report, were published. They were focused on the alleged campaign conducted by Ms O’Sullivan and her predecessor Martin Callinan to brief journalists in highly negative terms about Sergeant McCabe.

The terms of reference also focussed on an RTÉ news broadcast in May of last year, based on a leak of the O’Higgins Commission into Garda malpractice, which portrayed Sergeant McCabe as a liar, and was favourable to the former Commissioner, Mr Callinan.

It is expected that Independent TDs Clare Daly and Mick Wallace will submit amendments broadening the scope of the Commission. Fianna Fáil are also likely to suggest amendments.

Because the Government does not command a majority on the floor of the Dáil, it will need to support or agreement of Fianna Fáil to pass the motion setting up the Commission and approving its terms of reference.

Meanwhile Taoiseach Enda Kenny reiterated “full confidence” in Ms O’Sullivan. “I have full confidence in the garda commissioner. There is no prima facie evidence of wrong doing of any kind. For that reason she is fully entitled to the support of the government,” he said in Warsaw. “You cannot have a country if everyone against whom allegations are made has to step aside,” he said.

“You cannot have a country if everyone against whom allegations are made has to step aside,” he said.

Tánaiste Frances Fitzgerald told the Dáil there is no reason for the Garda Commissioner to step aside while the commission of investigation carries out its inquiry.

Ms Fitzgerald told the Dáil there was a series of allegations “which have not yet been tested which are wholly denied by the people against whom they are made”.