Whistleblower ‘problem lies with individuals,not system’, warns Clare Daly

Mooted Government and Garda plans to create an independent whistleblower complaints recipient could be a waste of time because the problem is with individuals, not the system, opposition TD Clare Daly has warned.

The Independents4Change TD made the remark after Justice Minister Frances Fitzgerald and Garda Commissioner Nóirín O’Sullivan said they are open to setting up a new group to ensure transparency in the sector.

Speaking during a three-hour meeting with the Oireachtas justice committee on Wednesday, Ms O’Sullivan said a whistleblower recipient group may need to be established outside of the Garda Síochána due to repeated claims that officers who speak out are being unfairly treated.

The cross-party meeting took place amid fresh allegations that senior officers have orchestrated campaigns against whistle-blowers. Ireland’s most senior garda said the move may be required despite the fact that the Garda Síochána Ombudsman Commission, an internal garda recipient and the Policing Authority already exist.

“Perhaps it is time for a consideration to be given to some kind of independent entity where all of these issues go to, so that people can have some reassurance that there is somebody independently looking at all of these matters and that we make sure the internal structures are there to strengthen and support individual needs,” she said.

Justice Minister Frances Fitzgerald later said that while no decision will be made until after retired High Court judge Iarfhlaith O’Neill completes a review of the latest whistleblower claims in five weeks’ time, she is open to the idea.

“If another independent body is necessary in order to do that [provide transparency] I would certainly consider it. If it requires another independent layer it’s certainly something I’d consider,” she said.

While it remains unclear how such a new group would operate, what levels of powers it would be given, and how many staff it would require to function, Garda sources confirmed it would be separate to the existing GSOC and Policing Authority organisations.

However, Independents4Change TD, Clare Daly — a member of the Oireachtas justice committee who has repeatedly spoken out in favour of Garda whistleblowers — said she is not convinced the potential move will do anything of substance.

“They already have processes [for addressing whistleblower concerns] on paper in the gardaí that seem okay, but it’s the implementation of it. I don’t see what’s going on as a systems failure, I see it as a person failure. This wouldn’t be filling me with huge confidence,” Ms Daly said.

Speaking on RTÉ Radio’s Morning Ireland programme, Transparency International Ireland chief executive, John Devitt, said the reality is Ms O’Sullivan “might not want to deal with these reports herself” and that “there may be a role for an independent person to investigate concerns, to screen them”. Mr Devitt said one option would be to appoint an independent person “at civilian level” from the private sector.