The Government believes a legal bid by former justice minister Alan Shatter to quash the findings of the Guerin review will not block a new commission of inquiry into Garda malpractice allegations by Sgt Maurice McCabe.

Mr Shatter went to the High Court last month to have certain findings against him by senior counsel Seán Guerin set aside, and the case is pending.

The Guerin report in May, which prompted Mr Shatter’s resignation, called for a commission of inquiry into Sgt McCabe’s allegations.

The Government resolved at that time to set up a commission but has not done so yet. Asked whether Mr Shatter’s action would prevent the establishment of a new inquiry, a Government spokesman said it would not. “There will be no undue delay,” he added.

Terms of reference

Both the composition of the inquiry team and its terms of reference remain to be settled, although preparations are in train for the Government to revisit the question early in the new political season. It remains unclear, however, if it will go to Cabinet at the first Government meeting after the summer break on September 3rd.

A further matter for the Government is whether any allegations separate to those made by Sgt McCabe are sent to the new commission of inquiry.

The Government resolved last month to engage seven barristers to examine up to 220 outstanding allegations of Garda misconduct received from members of the public in light of the whistleblowers affair.

At issue is a deluge of allegations received from the public by Taoiseach Enda Kenny, Ministers, TDs and Government departments.

Recommendations

The barristers were told at the start of July to examine the papers in each case and make recommendations to the Minister on whether further action was needed. They were given up to 10 weeks to complete their work, and it is open to them to call for the referral of cases to the Garda Síochána Ombudsman Commission.

Mr Shatter has told the High Court that the Guerin report rendered his position as minister “untenable” and inflicted “severe and irreversible” damage on him in the political context.

He alleged breach of fair procedures and natural justice, and “indecent haste” on the part of Mr Guerin in the preparation of his report between March and May.

He also alleged that Mr Guerin’s membership of a Bar Council committee that criticised aspects of Mr Shatter’s Legal Services Bill was among various factors giving rise to a reasonable apprehension of bias.

He stressed, however, that he was not alleging actual bias.