The chairman of the Public Service Oversight Committee has been drawn into a row over conflict of interest on the Garda ombudsman 'bugging' controversy because of his public comments as Sinn Féin's justice spokesman.
Pádraig Mac Lochlainn faced criticism this morning from Fine Gael chairman Charlie Flanagan who said the Sinn Féin justice spokesman should not be calling for an independent inquiry examining if the offices of the Garda Síochána Ombudsman Commission (GSOC) while at the same time chairing the Public Service Oversight Committee's own inquiry into the same issue.
“It’s important that the chair acts independently at all times,” said Mr Flanagan this morning.
"I was a bit concerned when [Mr Mac Lochlainn] yesterday wearing his hat as Sinn Fein justice spokesman called for an independent inquiry into GSOC questions. It's very difficult to wear [both] hats.
“It’s very important that he exercises great care to avoid a potential conflict of interest that might ultimately affect the work of the committee,” he said on RTÉ’s Morning Ireland.
Mr Flanagan, a TD for Laois-Offaly, said he was calling on Sinn Féin to defer a demand for an independent inquiry while its own inquiry was going on.
Sinn Féin has tabled a private members motion, which will be debated in the Dáil for two days this week, demanding the the issues surrounding alleged covert surveillance of the GSOC office be referred to an independent inquiry.
The party has yet to specify the form of that inquiry, but Mr Mac Lochlainn said over the weekend it would not be looking for an unwieldy and costly tribunal of inquiry model.
Sinn Féin this morning made no comment on Mr Flanagan’s comments and his contention that there was a potential conflict of interest.
It comes as some differences of approach emerge between the two Government parties over the issues involved and the political implications for the Garda Síochána, GSOC and Minister for Justice Alan Shatter.
Ahead of Mr Shatter's appearance before the committee on Wednesday there has been some muted criticism of his role. Some Labour TDs and senators have expressed support for GSOC and the manner in which it handled its process and communications during its investigation into potential surveillance of its offices.
Labour Minister of State Joe Costello this morning suggested that GSOC should be given additional powers in order to fill its mandate of independent police oversight.
He also said the country was on “tenterhooks” to hear what Mr Shatter has to say to the oversight committee on Wednesday, when he appears to outline why he didn’t divulge all the material he received in a briefing from GSOC chairman Simon O’Brien to the Dáil. He will also have to expand on his comments that the evidence given by Mr O’Brien to the committee was confused and contradictory in places.
However, Mr Costello stopped short of saying he would favour an independent inquiry saying he had great faith in the ability of Oireachtas committees to conduct such business.
Mr Flanagan echoed those sentiments and questioned the need for an inquiry, while saying GSOC may need additional powers.
“What we need to do is have a proper level of supervision of An Garda Síochána, and [that the]tensions in existence for the last seven years between An Garda Síochána and GSOC are at a minimum.”
Mr Flanagan referred favourably to comments made by former Northern Ireland police ombudsman Nuala O'Loan and a former editor of The Irish Times, and a former GSOC commissioner, Conor Brady, both of whom have argued that GSOC should have more robust powers to ensure it can fully carry out its independent functions.
