Legal expert casts doubt on Justice Minister's claim she cannot discuss O'Higgins report

A legal expert has cast doubt on Justice Minister Frances Fitzgerald’s claim that she is precluded from discussing the instruction given by Garda Commissioner Nóirín O’Sullivan to her legal team during the O’Higgins Commission.

Already under mounting pressure because of the fall-out from the O’Higgins Commission, the Tánaiste said she would not be asking Ms O’Sullivan to reveal details of her dealings with her own legal team, telling the Dáil it would not be appropriate to break the usual rules of legal privilege enjoyed by a lawyer’s clients.

Sections of the Commissions of Investigation Act 2004 were also referred to as an impediment to the minister commenting on the matter, which has seen the Garda commissioner deny that she had accused whistleblower Sergeant Maurice McCabe of “malice”.