Privacy fears see committee dodge Callinan probe
Fine Gael TD David Stanton also said the committee would not be questioning Taoiseach Enda Kenny about his role in the resignation, which the opposition parties claim was “shrouded in secrecy”.
Mr Kenny has been accused of effectively sacking the commissioner by dispatching the secretary general of the Department of Justice, Brian Purcell, to Mr Callinan’s home on the night before his surprise resignation.
Mr Kenny has also been urged to “lift the gagging order” on Mr Purcell to allow him answer questions about that meeting.
Mr Kenny yesterday said he was not asked to go before the committee but it was up to members if they wished to invite him. “Obviously, the committee is entitled to do its own business, to do its own work. I wouldn’t prejudice what the committee might or might not decide to do,” he said.
Mr Stanton said he has received legal advice that the Taoiseach is “not answerable to the committee”.
If Mr Purcell decides not to answer questions on events leading up to the resignation, then “we can’t go any further with it”, Mr Stanton said.
Opposition members said they reserve the right to ask Mr Purcell about Mr Callinan’s resignation, but Mr Stanton said this would be outside its remit.
“If a public servant retires, that is not part of our remit. Mr Callinan did so for family reasons and I don’t think we have any business asking him about his private family situations,” he said.
“There might be other issues we could focus on to do with the Department of Justice.”
Mr Stanton said the committee cannot ask questions that imply that somebody did something wrong. “We are not a court, we are not a tribunal. Asking a question that would imply somebody did something wrong is in itself a finding of fact, and we are not allowed to make findings of fact.
“The people of Ireland decided not to allow Oireachtas committees to do a form of investigations,” he added, referring to a referendum held three years ago. “If a public servant says they are retiring for family reasons, we can’t intrude there.”
Meanwhile, Justice Minister Frances Fitzgerald said she will consider concerns raised by middle-ranking gardaí about how the Garda Síochána Ombudsman Commission is not a suitable body to receive whistleblower concerns.
The Association of Garda Sergeants and Inspectors made the comments after Ms Fitzgerald’s department announced that changes would be made to legislation so GSOC could receive allegations made by members of the force.
John Redmond, general secretary of the association, called for an “urgent meeting” with her, saying its members would not go to GSOC to report concerns as the agency’s task is to probe complaints against gardaí.
A spokesman for Ms Fitzgerald last night said: “The minister has received the letter from the AGSI and is considering their request for a meeting.
“Minister Fitzgerald believes in wide consultation and will be meeting with a variety of stakeholders on this issue.”
Gardaí have won the right to form a union — and to potentially go on strike — after a landmark European rights ruling.
The decision was made after a two-year battle between the Association of Garda Sergeants and Inspectors and the Irish Government over claimed breaches of employment rights.
In June 2012, the AGSI complained to the European Confederation of Police that Ireland’s laws prevented gardaí from forming a union, and potentially striking in extreme situations — which they said breached the European Social Charter.
In a 42-page ruling yesterday the European Committee of Social Rights agreed, insisting the Department of Justice immediately resolves the legal issue.
AGSI general secretary John Redmond described the move as “a defining moment” last night.
However, he stressed that gardaí hope they “never have to resort” to strike action, despite now being entitled to do so.
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