‘Serious flaws’ in legislation for Garda whistleblowers

There are “serious flaws” in legislation relating to gardaí, including how the concerns of whistleblowers in the force are addressed, the former Garda ombudsman commission member Conor Brady has warned.

The claim came as Coalition ministers differed on whether a Garda whistleblower should this week speak to an Oireachtas committee in public or in private about the cancellation of penalty points by the force.

Garda management and whistleblower Sergeant Maurice McCabe were last night still separately seeking legal advice on how or whether the Public Accounts Committee (PAC) can hear evidence.

Mr Brady yesterday told RTÉ’s This Week that there were “serious flaws” in Garda legislation.

He said whistleblowing legislation for members was flawed as arrangements under the “confidential recipient” mechanism meant that complaints were generally returned to the attention of the Garda commissioner.

“There is no confidentiality in that; there is no protection of the individual,” he said.

Garda complaints could not be probed by the ombudsman, he said, and the office could not investigate the head of the police force, unlike in the North.

“Any really serious issue of crime and security will ultimately lead back to the commissioner because he is, after all, the chief executive officer of the force.

“That means you can only bring your investigation a certain distance. “It means that when you actually get to the centre of an alleged offence or alleged complaint, you face a blank wall.”

The ombudsman cannot access the Garda Pulse system, which records penalties and fines for offenders. Mr Brady said some Garda commissioner roles could be separated so whistleblower claims could then be examined by the ombudsman.

He said it was clear that there was a “deep hostility and revulsion within the gardaí at the highest” levels towards whistleblowers. His comments came ahead of a decision by PAC over whether to hear the evidence of whistleblower Sgt Maurice McCabe in public or private this week.

PAC chairman John McGuinness last night said the committee would decide on Thursday.

It is also awaiting a decision by Sgt McCabe, who is seeking legal advice. Garda Commissioner Martin Callinan, who has sought separate legal advice on the matter, is expected to contact PAC today or tomorrow.

A senior Garda source said: “He does not approve that PAC is the place for [Garda] members to deal with widespread allegations, but there may be some wiggle room to deal with this.”