THE LOSS of two ministers because of unacceptable behaviour in as many weeks has placed the Coalition Government under enormous pressure. For it to happen at a time of unprecedented financial difficulties and growing public service unrest has exacerbated those difficulties and encouraged the Opposition parties to demand an early general election.
Trevor Sargent did the decent thing by the Green Party and his ministerial colleagues. Rather than attempt to bluster his way out of an untenable situation, when it emerged he had made representations on a criminal matter to a prosecuting garda on behalf of a constituent, he immediately resigned as Minister of State for Food and Horticulture. His early departure and the explanation offered to the Dáil for his actions will have garnered him some sympathy. But the inescapable verdict remains: he should not have done it.
The law is quite specific. The 1974 Prosecution of Offenders Act makes it an offence to communicate with a member of the Garda Síochána for the purpose of initiating or withdrawing criminal proceedings, unless you are personally involved or are a family member. Legal and medical advisers and social workers who are directly involved are also exempted. But politicians are not. That has not stopped political representations from being made in the recent past. Even when such approaches are ignored by the prosecuting garda, they amount to unlawful interference. There is a good reason for this. The old, after-hours pub joke, where a minister asks an on-duty garda if he wants a pint or a transfer, reflected the arrogance of political power and the vulnerability of individual gardaí. A Director of Public Prosecutions was specifically appointed under the 1974 Act to remove the management of criminal cases from the Attorney General, who attends at Cabinet, and from the influence of politicians.
Issues arise for the Garda Síochána. Last week, Willie O’Dea suggested a garda informant was the source of his false accusation against a political opponent. Now, an improper letter written by Mr Sargent has become public. Garda Commissioner Fachtna Murphy has ordered an investigation and has asked to be supplied with all the documentation involved. This development comes at a challenging time when discipline within the Garda Síochána is under scrutiny.
Issues also arise for Government. Two ministerial vacancies now exist. But a disillusioned public is looking for sweeping Cabinet changes that will give hope to the unemployed and an impetus to political reform. It is a situation that requires firm handling and a united approach by Brian Cowen and John Gormley.
Mr Sargent accepted he had made an error. And he left office in a dignified manner. It was in keeping with the standards he upheld in the past. He is best known for publicising planning corruption at council level and, having promised not to lead his party into government with Fianna Fáil, for resigning as party leader in 2007. But that record renders his inexcusable engagement with the Garda all the more extraordinary.