McCabe tribunal will ensure justice, Tánaiste says

Any alleged wrongdoing by gardaí will be addressed fully and fairly by the whistleblower tribunal, Tánaiste Frances Fitzgerald has said.

She told the Dáil she believed TDs across the House wanted to see that. “I believe the terms of reference I am putting forward today will enable the judge to do just that,’’ she added.

Ms Fitzgerald said the tribunal would ensure justice for Sgt Maurice McCabe and his family and all parties involved. “That is what is important,’’ she said.

The Tánaiste was speaking during the debate on the motion setting up the tribunal, which passed in the Dáil and Seanad.

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She said the terms of reference were thorough and she had been able to include the vast majority of the issues brought to her attention and the key points made by TDs.

Fianna Fáil justice spokesman Jim O'Callaghan said that while tribunals did fulfil very important tasks, it was important to note they did not administer justice. He said parties frequently like to get information out in the public domain before individuals give evidence before a tribunal.

Hear all evidence

“It would be preferable in this case if we allowed the tribunal to hear all the evidence without any party trying to influence the outcome,’’ Mr O’Callaghan added. “Let every person go before the tribunal, give their evidence, and let there be a conclusion by the judge at the end of it.’’

Sinn Féin justice spokesman Jonathan O’Brien said six of the seven proposals brought to the Minister by his party had been taken on board by her. He said there was a timeframe on an interim report of three months, although his party had suggested four months.

“If the cases of other whistleblowers need to be examined, there is scope within the terms of reference for the judge to request an additional module,’’ Mr O’Brien added.

Labour leader Brendan Howlin said it was astonishing that a situation had been allowed to escalate to a point where the Dáil was once again establishing a tribunal of inquiry.

“The series of events have been a squalid affair,’’ he said. “A man and his family have been subjected to a campaign of utterly false and damaging allegations.’’

Mr Howlin said that for the very many honourable men and women in the Garda the integrity of their work had been undermined.

Influence broadcasts

Green Party leader Eamon Ryan said he regretted he was unable to introduce an amendment to provide for the investigation of whether any member of An Garda Síochána influenced or attempted to influence broadcasts on RTÉ in May 2016.

He said he had heard the Tánaiste’s statement that Mr Justice O’Neill had set the terms of reference, but that the position had changed since then.

Ms Fitzgerald said the relevant paragraph in the terms of reference related to investigating contacts between gardaí and media and broadcasting personnel.

“It will be up to the judge to decide how broad this will be,’’ she said. “We must leave that matter up to the judge.’’