Line drawn under stream of Garda controversies in Dáil

THERE was a strange feeling around the Dáil yesterday when, for the first time in what seems like an eternity, proceedings were not dominated by questions surrounding Justice Minister Alan Shatter or other issues relating to the Garda.

It was an early sign that the publication of the terms of reference of an inquiry into phone recordings at Garda stations will be enough to draw a line under the stream of controversies for now.

Ahead of their unveiling, the Government had billed the terms of reference as “comprehensive” and few could argue with this description.

They cover the installation of recording systems back to 1980 (and whether there were any in place before then), how the recordings were used, who knew about them in a long list of state bodies, and whether the Director of Public Prosecutions (DPP) might have used such recordings “for any purpose.”

Indeed, the terms went further than expected by including the entire Garda investigation into the death of Sophie Toscan du Plantier in West Cork in December 1996.

The Commission will examine not only the recording of phone calls in Bandon Garda Station but “any other acts or events” that might suggest “unlawful or improper conduct” by members of the force investigating that case.

Widening the scope to include the entire investigation into the unsolved du Plantier killing was the “correct” and “entirely obvious thing to do”, according to a Government spokesman.

The terms of reference also deal with the many important political questions left unanswered during recent controversies surrounding Mr Shatter. Among these are the “sequence of events” leading up to the retirement of Garda Commissioner Martin Callinan two weeks ago.

The inclusion of this in the terms of reference, will deal with claims (by the opposition and sources close to Mr Callinan himself) that he was essentially sacked for political reasons.

The commission will also examine the handling of a letter sent by Mr Callinan to the Justice Department outlining concerns about phone recordings on March 10 which the Government says was not given to Mr Shatter until two weeks later.

The Government will argue that the inclusion of these two issues is a demonstration that it’s not trying to dodge any questions or scrutiny of its role in the resignation of Mr Callinan and how it handled the information on phone recordings when it came to light.

But the flip side of this is that the serious questions hanging over the Taoiseach and justice minister relating to their handling of the issues will be kicked to touch.

They will be able to avoid questions on the matter on the grounds that the inquiry should be allowed to complete its work.

The Oireachtas Justice Committee will meet today and are likely to discuss the possibility of calling in Mr Callinan and Department of Justice officials.

But there is little appetite for this move, which will be opposed by its chairman, David Stanton (FG), who lavished praised on the justice minister in a Dáil speech last week.

Children’s Minister Frances Fitzgerald said yesterday it would not be appropriate for the committee to hold such hearings, and this Government line will no doubt be obeyed by Mr Stanton.

Judge Fennelly has been given until the end of the year to report to the Government.

But the scale of the terms of reference makes it hard to see how such a broad range of issues can be examined thoroughly before then.

In the meantime, the pressure has been lifted from Mr Shatter and the many questions surrounding the handling of matters in his department.