Justice in the dock

Failure to implement Garda Síochána reforms proposed by the Morris Tribunal nearly a decade ago have resulted in administrative dysfunction and continuing abuses within the force. A lack of commitment to strict impartiality and the highest standards of accountability united politicians, department officials and senior officers in common cause and perpetuated a deeply politicised and archaic system. Radical reform is needed.

The resignations of Minister for Justice Alan Shatter and Garda Commissioner Martin Callinan reflected a crisis of public confidence in Garda administration, investigative practices, accountability and treatment of whistleblowers. The public welcomed their departure, but the underlying causes require attention. The behaviour of Department of Justice secretary general Brian Purcell before the Oireachtas Joint Committee on Justice was instructive. He declined to answer questions about his role in the resignations on the grounds that it might prejudice the work of a Government commission of inquiry – a self-serving, unconvincing performance.

Mr Purcell acknowledged weaknesses in Garda whistleblower legislation but challenged the Guerin report’s findings that the Department had not responded adequately to allegations from Sergeant Maurice McCabe. What was criticised as a lack of analysis, he attributed to inadequate record keeping, not inadequate advice. He said oral briefings to the Minister were not reflected in the report.

The reluctance to engage in formal record keeping on sensitive issues has emerged in response to Freedom of Information legislation. It represents a deliberate cultural reaction to an erosion of departmental secrecy and the traditional immunity of officials from personal blame. Such behaviour is damaging to good governance. Radical change, initiated by Minister Frances Fitzgerald, should accompany robust reform and a depoliticisation of Garda structures.