Huge damage done to whistleblowing concept

The signals being sent out to prospective whistleblowers are obvious, writes Michael Clifford.

DO THEY have any idea of the damage they are doing? Do they care? While the body politic contorts itself on Martin’s Callinan’s formula of words, deep cynicism informs attitudes towards the basic tenet of democracy.

Members of both government parties, and Fianna Fáil, have, in recent days, trotted out platitudes about whistleblowers and their importance to democracy. Recently, legislation has gone through the Oireachtas to protect whistleblowers and cherish them as unique figures. Everybody in the body politic applauds the outcome of blowing whistles on the abuse of the penalty points system.

But talking the talk is one thing. There’s precious few walking the walk, and in the resulting vacuum, huge damage is being done to the concept of whistleblowing. Anybody in the public or private sector with any notion of highlighting wrongs will surely have been given serious pause for thought as a result of what has gone on in the upper echelons of politics in recent days.

The result of the actions of Sergeant Maurice McCabe and retired garda John Wilson have been widely acknowledged. Allegations of abuse of the penalty points system have largely been proven. Major changes have resulted. A fairer system is now guaranteed. More importantly, those inclined to speed with impunity have been reined in. It is quite possible that the actions of the two men will save lives.

This reality informed Leo Varadkar’s comments last Thursday, when he said he wanted to thank the men, and described them as “distinguished”. He also said that Garda commissioner Martin Callinan should withdraw his remark, made last January, that the actions of the whistleblowers were “disgusting”.

In a functioning democracy, Mr Vardakdar’s expression of gratitude would be delivered in glowing terms by the country’s leader on the floor of parliament. Instead, the comments ignited huge controversy. The imperative for Enda Kenny would appear to be how he’s going to get the Garda commissioner, and by extension the minister for justice, off the hook.

In a functioning democracy, Mr Callinan would now be toast. Since Sgt McCabe and Mr Wilson began to expose the abuse of the penalty points system, they were met with hostility within the force. Mr Callinan’s comments at the Public Accounts Committee were symptomatic of that hostility.

In a functioning democracy, Mr Callinan would have stepped down from his post, admitting that he got it completely wrong, and accepting his fate the price for attempting to discredit genuine whistleblowers.

In a functioning democracy, he would have been joined in resignation by Alan Shatter. The minister for justice also got it wrong. His public comments on the two men over the last 18 months have been laced with scepticism, lurching at times into hostility. His hostility was best expressed in the Dáil on October 1 when he stated that the two men had not co-operated with the internal Garda inquiry into the penalty points abuses. This portrayed the pair as nefarious individuals, who made complaints and then failed to co-operate with an inquiry into their complaints.

He got it wrong. Most likely, as Pat Rabbitte speculated last Friday, Mr Shatter was badly advised. No matter. If the concept of whistleblowing is to be valued, if others are to be encouraged to come forward and receive protection, Mr Shatter’s job would be a small price to pay.

Instead of a functioning democracy, we have this State’s corrosive version of governing. Instead of the resignations of Mr Shatter and Mr Callinan, we have both of them refusing point blank to even apologise to the men whom they blackguarded. Instead of leadership from the Taoiseach, we have an attempt to square things so everybody can move on.

Mr Kenny could have endorsed Varadkar’s comments, and sent out a signal to any prospective whistleblowers. His actions could have told them: “You are valued, you will be protected, even if powerful office holders try to bury you.” Instead, he told his cabinet to keep their lips buttoned. His priority, quite obviously, is to protect his minister for justice.

On Sunday, Environment Minister Phil Hogan, was asked on RTÉ radio by Richard Crowley, how he would describe Sgt McCabe and Mr Wilson. “I’m not going to in any way bring into the public view my idea of what I would describe… I’m going to discuss these matters at cabinet.”

He felt constrained in articulating his own personal views of the whistleblowers. He couldn’t even bring himself to thank them. What message did that send out? Blow the whistle on wrongdoing and your actions will, in the upper echelons, generate controversy, will ruffle feathers, will discommode Big Phil. Of course, Mr Hogan also parroted the platitudes: “It’s very important for whistleblowers to bring forward any information they think should be investigated.” He might have added, “just don’t expect me to protect or praise them”.

Health Minister James Reilly similarly spoke out of both sides of his mouth on RTÉ’s Morning Ireland yesterday.

The Labour party operates on different values from Fine Gael. A number of Labour TDs and ministers have expressed the view that protection of whistleblowers is a core principal with the party. Why then did it take Mr Varadkar to state the obvious before the nervous nellies in Labour felt safe about calling out Mr Callinan? Was it that they were more concerned not to discommode cabinet colleague Mr Shatter?

It is notable that since last Thursday, none in the Labour ranks have called on Mr Shatter to withdraw his Dáil attack on Sgt McCabe and Mr Wilson last October, even though those comments were as damaging as Mr Callinan’s “disgusting” remark. Eamon Gilmore did tiptoe around the issue.

Fianna Fáil is approaching the affair from the flip side of Labour. The soldiers of destiny are careful to focus their attack on Mr Shatter, studiously avoiding calling Mr Callinan to account. There may be votes lost if they are perceived to be in any way negative towards the head of the Garda force. Issuing platitudes about protection for whistleblowers is all very well, but votes are really the main thing to be harvested from this controversy. And, of course, Fianna Fáil is all in favour of the new legislation to protect whistleblowers.

The signals being sent out to prospective whistleblowers are obvious. Powerful office holders will resist you, secure in the knowledge that they won’t be called to account. If you persist, you might manage to get the truth out eventually, but don’t expect vindication. Speaking truth to power will bring trouble down on your head, and it won’t end when you’ve been proven right.

Against that wall of powerful interests, the much trumpeted legislation to protect whistleblowers isn’t worth the paper it’s written on.