Senior politicians will now be drawn into the inquiry into the alleged smearing of Garda whistleblower Maurice McCabe, after the Government agreed to broaden its terms of reference in the Dáil on Thursday.
The commission of investigation into allegations that the Garda Commissioner Nóirín O’Sullivan and her predecessor, Martin Callinan, conducted a campaign to blacken the name of Sgt McCabe is now likely to be broadened in scope.
However, it will not extend to examining other cases where gardaí have made protected disclosures. The Government did not have the necessary support in the Dáil on Thursday to approve the terms of reference for the commission, but will accept Fianna Fáil suggestions in order to achieve the necessary Dáil votes next week.
The concession by the Government comes after a day of further drama and rumour in Leinster House about the latest controversy to affect gardaí.
In public the Taoiseach and his Ministers continued to back Ms O’Sullivan’s determination to remain as commissioner, insisting that accusation could not be treated as guilt. In private many Government figures are fearful of how the controversy will play out over the coming days and months.
Senior Government sources admit privately they do not know who to believe and they are concerned principally with avoiding any toxic political fallout.
The memory of the former justice minister Alan Shatter – forced to resign after repeated Garda scandals in 2014 – remains strong in Fine Gael, and around Leinster House in general. Mr Shatter lost his seat at the subsequent general election.
With the Government lacking a majority in the House, Minister for Justice Frances Fitzgerald was forced to abandon her plan to have the terms of reference approved by the Dáil when it became clear that Fianna Fáil would insist on amendments.
Terms expanded
The party’s justice spokesman, Jim O’Callaghan, made clear that the party would only support the setting up of the commission if the terms of reference were expanded to include a more thorough investigation of the alleged campaign against Sergeant McCabe, including the allegation of sexual offences against him.
Fianna Fáil will also insist, with the support of other opposition parties and independents, that any contacts between senior Garda officers and Ministers or TDs should be included in the commission’s terms of reference.
Contact between gardaí and State agencies are also likely to be included in the updated terms, which Government sources say should come before the Cabinet next Tuesday and be passed through the Dáil next week.
The expected new terms of reference is likely to see Ministers, along with former minister Mr Shatter, questioned by the commission about any briefings they received about Sgt McCabe. Mr Shatter had a particularly close relationship with former commissioner Martin Callinan.
The draft terms of reference which were published on Wednesday focused the commission’s investigations tightly on the relationship between senior gardaí and the media, with especial focus on the contacts – if any – between the present and former Garda commissioners and the broadcast media.
These terms of reference were drawn up by the retired High Court judge Iarfhlaith O’Neill, who conducted the initial investigation of the claims and recommended that a full commission of investigation be set up.
Narrow scope
According to the Department of Justice, it had no input into the narrow scope of this proposed inquiry. These draft terms of reference – which are short and to the point – contain a specific direction to investigate whether RTÉ news broadcasts last year were the result of interventions by Ms O’Sullivan.
The RTÉ reports were widely perceived as favourable to the Garda and unfavourable to Sgt McCabe.
Some of the RTÉ reports of the O’Higgins commission findings at the time, while acknowledging Sgt McCabe acted out of “genuine concerns”, emphasised that “many of his allegations were inaccurate, incorrect, overstated and unfounded”.
The O’Higgins report did make some criticisms of Sgt McCabe, but found many of his allegations were well founded and that he had performed an important public service.
Government sources speculated yesterday that the expansion of the scope of the inquiry would likely prolong its duration. It is hoped that the commission will complete its work within nine months.