Taoiseach defends handling of GSOC crisis

Taoiseach Enda Kenny yesterday rejected opposition claims that Justice Minister Alan Shatter deliberately tried to undermine the Garda Síochána Ombudsman Commission (GSOC), adding Mr Shatter would have no difficulty answering questions when he appears before the Oireachtas Oversight Committee later today.

Mr Kenny strongly defended the his minister’s handling of the crisis, rejecting claims Mr Shatter had mislead the Dáil, saying there had been a great deal of confusion over the issue.

Fianna Fáil leader Micheal Martin accused Mr Kenny of telling an “untruth” last week regarding GSOC’s reporting obligations under the legislation to the Government and accused the Government of continually attempting to undermine public confidence in the police watchdog by rubbishing the surveillance allegations.

During Leaders Questions Mr Kenny said he was setting up a review of the controversy and would appoint a retired High Court judge who would report back to the Minister for Justice within eight weeks.

He said the Cabinet had decided to set up the review following a briefing from Mr Shatter.

“He briefed the Cabinet in regard to further information and documentation received from GSOC since then and further technical information he has received regarding the alleged surveillance of GSOC. In light of all of that information and his briefing, the Cabinet decided to appoint a retired High Court judge to review all of these papers and reports completely independently,” he said.

He said the terms of reference would be set out by Mr Shatter with the advice of the Attorney General, but it would not take place under the 2004 Commission of Inquiries Act, which the opposition had favoured.

However, Mr Kenny said that during the eight-week review the judge would not have the power to call witnesses.

The Taoiseach said all documentation and technical reports will be made available to the judge and he or she will be able to seek expertise opinion on such matters. He said the final report would then be presented to the Justice minister who would lay it before the Oireachtas.

The Sinn Féin deputy leader, Mary Lou McDonald, questioned why Minister Shatter was setting the terms of reference when he had “hardly covered himself in glory throughout this episode.”

She also questioned why the judge would report to the minister given that GSOC is accountable in the first instance to the Oireachtas.

She said the inquiry should have the power to compel witnesses.

“This cannot be confined to the appointment of a judge to review documents. That is not sufficient. We need a thoroughgoing investigation that is fully equipped with the necessary expertise and powers to compel witnesses and papers so that the investigators can make balanced judgments and findings of fact,” the Dublin Central TD said..

Mr Kenny said he accepted Ms McDonald’s point on a balanced judgement but said “This is not an inquiry for calling witnesses.”

He said the review was “in the interests of finding fact and truth from all the documents, comments and statements, some of which have been quite confusing.”

Mr Kenny stressed the importance of the integrity, belief and trust in both the GSOC and the Garda Síochána.

Separately Mr Kenny said the Oireachtas Justice and Defence Committee will be asked to look over and review the current legislation governing GSOC to make it “more accountable, transparent and professional”.