Draft report on departure of garda chief to be issued

Draft copies of the report into events leading to the resignation of the former garda commissioner are to be circulated to individuals including Taoiseach Enda Kenny this week.

The Irish Examiner understands that the Fennelly Commission will make a public statement when it circulates the report, although individuals are banned under law from confirming receipt of it.

The report will examine former commissioner Martin Callinan’s departure, amid previous claims by the Opposition that Mr Kenny circumvented Cabinet rules and effectively sacked the garda chief in 2014.

Mr Justice Nial Fennelly is heading the commission of investigation into the taping of phone calls at garda stations, but was also asked to look at Mr Callinan’s departure.

Mystery surrounds what was said to Mr Callinan by a senior civil servant, the night before he gave his resignation letter to Government.

Mr Kenny has said he sent the official to Mr Callinan’s home to tell of the seriousness with which disclosure of the recordings in Garda stations was viewed by Cabinet. It was reported recently that Mr Kenny, Attorney General Máire Whelan, and Department of the Taoiseach secretary general Martin Fraser have all given evidence again due to conflicting evidence.

Any negative or critical findings about Mr Kenny’s role in the garda’s departure could have serious repercussions for the Taoiseach as well as Fine Gael, especially in the run up to the general election.

However, individuals who receive copies or parts of a report from a commission of investigation are banned by law from divulging this under section 37 of the relevant legislation.

Individuals mentioned in the interim report and supplied with copies of parts of drafts are expected to be given a specific period of time to reply or appeal findings.

Having viewed any submissions, the commission will send its final interim report on Mr Callinan’s departure to the presiding minister for the inquiry, who in this case is also Enda Kenny.

Mr Kenny has pledged to publish the final interim report when he receives it.