PAC ‘duplicating work of other committees’, Rabbitte says

Minister for Communications, Energy and Natural Resources Pat Rabbitte has raised concern about the recent conduct of the Public Accounts Committee, saying it was sometimes duplicating the work of some other committees.

Speaking on RTÉ Radio today, Mr Rabbitte said the PAC had been established to investigate the spending of public money, but its concerns appear to have broadened beyond this.

Division has emerged in recent days within the PAC over how it is conducting its affairs, including whether or not it is entitled to hear evidence from a Garda whistleblower who alleged penalty points had been quashed by other gardai.

Some PAC members have queried whether the committee is the appropriate forum to hear allegations from the whistleblower, with the majority favouring a private hearing at least.

Minister for Social Protection Joan Burton said today the whistleblower should give evidence in private.

Fianna Fáil leader Michéal Martin said the PAC has a "legitimate angle" in examining the penalty points controversy but the powers of the Garda Ombudsman should be broadened.

He said the PAC’s current differences with the Garda Commissioner present a “unique situation” and he hoped a solution could be found in the coming days.

Mr Martin, speaking on RTE's 'This Week' programme, said voters had already shown they "didn't want Oireachtas committees to be acting as judge, jury and executioner" by rejecting the referendum to give committees more power.

But he said the PAC had a remit in examining where public money had been lost, as in the lost revenue from the quashing of penalty points fines.

“The PAC has a clear remit in terms of public monies and public funds and the loss of funds where funds could have been realised and equally then, the Garda Siochana has its role and it has a hierarchical form of governance and there are issues there between the two,” Mr Martin said.

He suggested one solution would be giving the Garda Ombudsman more powers.

"I think 'who guards the guards' is as old as society itself and it would seem to me that we should look at expanding the role of the Garda Ombudsman Commission with a view to ensuring whistleblowers within the gardai get due regard and consideration."

Former member of the Garda Síochána Ombudsman Commission Conor Brady said the current Garda supervison system does not work properly because it offers insufficient protection to whistleblowers.

Mr Brady said the continuing controversy on quashed penalty points shows “very serious flaws” within the Garda s system to supervise and govern its members.

“Whistleblowing legislation is flawed because the first thing the Confidential Recipient has to do is go to the Garda Commissioner and say I have a complaint from a named garda,” he said on RTÉ’s This Week programme. “There is no confidentiality or protection of the individual.”

Mr Brady also noted that one of the whistleblowers making the allegations, sergeant Maurice McCabe, should be taken “very seriously”.

Together with retired Garda, John Wilson, the serving an Garda Síochána sergeant supplied information to the PAC examining allegations of quashed penalty points. The data they gave indicated trends in points cancellations.

It remains uncertain whether sergeant McCabe will be allowed to give evidence before the PAC. Garda Commissioner Martin Callinan is currently seeking legal advice from the Attorney General’s office on the issue.