Tánaiste Frances Fitzgerald has said there is no reason for the Garda Commissioner to step aside while the commission of investigation carries out its inquiry into allegations of a smear campaign against Garda whistleblower Sgt Maurice McCabe.
The commission will be led by Supreme Court judge Peter Charleton.
She told Sinn Féin deputy leader Mary Lou McDonald who repeated her party’s call for commissioner Nóirín O’Sullivan to step aside during the inquiry, that there was a “general constitutional obligation to protect the good names and reputation of people who may be the subject of untested allegations”.
Ms Fitzgerald said there was a series of allegations “which have not yet been tested which are wholly denied by the people against whom they are made”.
The Tánaiste added: “I don’t believe there is a reason for anyone to step aside in that context.”
She said that if everybody against whom allegations were made was expected to step aside “we would have an extraordinary situation. People are entitled to fair procedures, to justice and to the proper way of doing things.”
Ms McDonald said that Sgt McCabe had been subjected to attacks on his reputation, the opening of intelligence files on him and the monitoring of his communications.
There had been a “comprehensive campaign of character assassination, a calculated campaign to destroy the standing of a serving member of An Garda Síochána, a cynical campaign which sought out allies in the compliant sections of the mainstream media and politicians”.
The Sinn Féin TD asked the Minister for Justice: “Do you have confidence in the Garda Commissioner? Will you do the right thing and ask her to step aside from her duties without prejudice for the duration of the Charleton commission’s investigation?”
‘Full support’
The Minister said she had consistently stated that there had been no finding of any wrongdoing against the Garda Commissioner and “in those circumstances she is entitled to our full support and confidence and that remains the position”.
Social Democrats TD Catherine Murphy asked the Tánaiste to reconsider her view not to ask the commissioner to step aside without prejudice.
Ms Murphy said the 2007 Garda Síochána disciplinary regulations were introduced and the commissioner was central to the process against rank-and-file gardaí.
The Kildare North TD said Supt David Taylor found himself at the centre of the process, who said he was instructed by senior Garda management to carry out a smear campaign against Sgt McCabe.
She said the commissioner ordered an investigation into the allegations, which Ms Murphy said was conducted by the commissioner’s husband.
“It’s very difficult to see how the force is not undermined by the commissioner staying in situ,” Ms Murphy said. She added that the commissioner should step aside “without prejudice”.
Ms Fitzgerald said the implication “by innuendo” was that Garda management would try to obstruct the commission” and that was unfair.
All sides had co-operated fully with the O’Neill inquiry, Ms Fitzgerald said and she reiterated that constitutional protections applied to everybody in this situation.
