Department defends Tánaiste’s disclosure of whistleblower names

The Department of Justice has denied an allegation that Tánaiste and Minister for Justice and Equality Frances Fitzgerald breached any obligations or requirements in disclosing the names of two Garda whistleblowers at a meeting with senior members of the force in 2015.

A spokesman for Ms Fitzgerald yesterday said there was no question of her revealing the identity of any Garda whistleblower.

He pointed out that the two gardaí reportedly named by Ms Fitzgerald at a meeting with Garda Commissioner Nóirín O’Sullivan and others had already been widely identified in the public domain before the meeting took place.

Moreover, it was pointed out that the two gardaí concerned did not make protected disclosures until 2016.

The department said the Tánaiste had dealt with the whistleblowers strictly in accordance with her obligations under the Protected Disclosures Act 2014.

The Sunday Times reported yesterday that Ms Fitzgerald told Ms O'Sullivan she had received correspondence from Keith Harrison and Nicky Keogh.

These were two gardaí who had written privately to the Minister in relation to their complaints about the practices and activities of colleagues.

They both later made statements under the protected disclosure legislation.

The department spokesman said yesterday: “The cases mentioned in the report have been raised constantly in the Dáil and elsewhere over the past couple of years.

"In particular, at the end of May 2015, the cases were raised in the Dáil in some detail by Deputy Clare Daly and Deputy Mick Wallace, who named the two Garda officers involved.

Garda wrongdoing

“They make it clear these were the two people having complaints about alleged Garda wrongdoing examined . . . When matters like this are raised in the Dáil, it is perfectly proper that they are pursued by the relevant Minister and that is what happened in this case.”

The department said the Tánaiste had “been fastidious in not commenting publicly on any correspondence she may or may not have received from whistleblowers, and in having regard to the specific provisions of protected disclosures legislation

"It would be absurd to suggest that when concerns are raised publicly about the treatment of individual members of An Garda Síochána that the Tánaiste should not raise those concerns with the Garda Commissioner," added the spokesman.

The allegations made by the two gardaí about improper and inappropriate practices, as well as those from other whistleblowers including Sgt Maurice McCabe, continue to be investigated.

Last week, Sinn Féin justice spokesman Jonathan O’Brien said he welcomed Ms O’Sullivan’s agreement to find out if any intelligence files had been created on Garda whistleblowers.