Garda Commissioner to be questioned by Policing Authority

Body has ‘significant concerns’ over O’Higgins report into whistleblower’s claims

Minister for Justice Frances Fitzgerald addresses the Dáil in relation to the ongoing fallout surrounding Garda Commissioner Noirin O’Sullivan and the O’Higgins report into alleged Garda malpractice.

The Policing Authority will question the Garda Commissioner Nóirín O'Sullivan on the contents of the O'Higgins report when it meets next Thursday.

There is understood to be very significant concern in the authority about matters raised in the report.

Members are likely to question the commissioner about management and other failures, the service provided to victims of crime and changes made to Garda management practices to prevent similar failures.

Ms O’Sullivan is expected to attend the monthly meeting of the authority – which is tasked with oversight of the Garda, and to which the report has been referred.

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This meeting will be in private, though the commissioner is scheduled to meet the authority in public next month.

A spokesman for the authority confirmed that the O’Higgins report and matters related to it will be on the agenda for the meeting and that a statement will be issued afterwards.

However, it is understood the authority will not question the commissioner on the leaking of transcripts from the O’Higgins report.

Pressure

Pressure continued to build on the commissioner yesterday over the report and the leaking of excerpts from the transcript of its proceedings, in which her barrister said his instructions were to challenge the “motivation and credibility” of the Garda whistleblower, Sergeant Maurice McCabe.

The barrister, Colm Smyth SC, had earlier said that his specific instructions from the commissioner were to challenge the “integrity” of Sgt McCabe and suggested that the evidence would demonstrate the concerns.

However, he later said he was mistaken in challenging Sgt McCabe’s integrity.

Ms O’Sullivan has reiterated her support for Sergeant McCabe and insisted she never regarded him as “malicious”.

Opposition TDs have criticised the apparent contradiction between her public statements and her instructions to her counsel, as contained in the leaked transcripts.

Despite repeated calls from the Taoiseach and Government Ministers – including Minister for Justice Frances Fitzgerald – for Ms O'Sullivan to clarify matters, there was no further statement from the commissioner last night.

Speaking to The Irish Times Inside Politics podcast, Government Chief Whip Regina Doherty said: "There's definitely an inconsistency about the very, very clear statement the commissioner made two days ago and what was leaked illegally last night.

“For all our sakes . . . and most particularly for the commissioner’s sake, there needs to be clarity. I think in fairness the commissioner is the person that can give clarity on that. Nobody else can,” Ms Doherty said.

Taoiseach Enda Kenny said he believed that if the opportunity presented itself the commissioner would “put into the public domain what she is legally entitled to put into the public domain”.

Support

Speaking on a visit to Washington,

Mr Kenny

said he has “100 per cent support” for Ms O’Sullivan.

Although he later expressed confidence in the commissioner, the Fianna Fáil leader Micheál Martin asked Ms Fitzgerald if there were "any issues emanating" from the meeting which Sgt McCabe had in Mullingar in 2008 with senior gardaí.

It was at that meeting in 2008 that officers understood he was motivated by malice.

But Sgt McCabe had a recording of the meeting which proved otherwise.

Pat Leahy

Pat Leahy

Pat Leahy is Political Editor of The Irish Times