Garda whistleblower decision likely before Christmas

The Government is likely to make a decision before Christmas on whether to proceed with a formal inquiry into allegations of misconduct made by two garda whistle-blowers.

Tánaiste and Minister for Justice Frances Fitzgerald disclosed on Wednesday that she has received the report on a review conducted by retired High Court judge Iarfhlaith O'Neill into whether or not the allegations merited further action.

She said that she has forwarded the report to the Attorney General Máire Whelan for legal opinion, partly on the basis that third parties are mentioned.

The report was due at the end of November but Mr Justice O’Neill requested two short extensions to give him time to complete his work.

The subject of the inquiry is understood to be allegations there was an orchestrated campaign, directed by senior officers, to discredit whistleblower Sgt Maurice McCabe, involving an alleged whispering campaign.

Ms Fitzgerald received correspondence under the Protected Disclosures Act from two Garda members during October. Under the legislation, she was prevented from saying anything that might lead to identifying the gardaí making the disclosures.

It is understood that Mr Justice O’Neill’s review was predominantly document-based and that he did not interview the gardaí who made the protected disclosures.

Publicity

A source with knowledge of the process said last night that given the nature of the allegations and the publicity surrounding the allegations, it was likely the Government would allow a formal inquiry, perhaps a Commission of Investigation, to be established.

In a statement, the Tánaiste said Mr Justice O’Neill’s report has set out in detail the allegations contained in the protected disclosures.

“In view of the nature of those allegations and the fact that third parties are mentioned the report is being referred to the Attorney General [Ms Whelan] for her advice on how to proceed.

“This includes the question of what material might properly be put in the public domain, having regard to the rights of all concerned,” she said.

Ms Fitzgerald said she was grateful to Mr Justice O’Neill for carrying out his work “so expeditiously”.

“When the advice from the Attorney General is received, the Tánaiste will bring forward proposals to Government to this end.”

At that stage, she will also disclose if all, or some, of the report will be published.

The allegations made by one of the whistle-blowers, a senior garda, are serious and their implications, if borne out, will have repercussions at the highest levels of the force.

In October, Ms Fitzgerald said: "I am determined that An Garda Síochána operates to the very highest standards and this involves ensuring that allegations of wrongdoing are dealt with properly and the persons making those allegations are fully protected and respected."