Enda Kenny may have to alter Guerin report after Alan Shatter ruling

Enda Kenny may be asked to alter a report, or details on his department’s website, after the Court of Appeal’s decision in favour of former justice minister Alan Shatter over the Guerin report findings into how Garda whistleblowers were treated.

Enda Kenny may have to alter Guerin report after Alan Shatter ruling

Several options may be open to the Court of Appeal, which unanimously ruled Mr Shatter’s rights were breached in a report by barrister Seán Guerin.

The Irish Examiner understands the Taoiseach may be asked to delete or alter postings about the report on his department website.

Mr Guerin may also be asked to adapt or delete conclusions in the report.

They are among the options Mr Shatter’s lawyers may seek or consider.

The Court of Appeal on Thursday overturned a High Court dismissal of Mr Shatter’s legal challenge to the Guerin report.

The report ultimately forced Mr Shatter’s resignation at a time when he and Garda chiefs were under pressure about how complaints by whistleblowers were handled. Mr Shatter claimed Mr Guerin should have interviewed him. The Court of Appeal found Mr Guerin did not observe the rules of natural justice and there was a breach of Mr Shatter’s rights.

Mr Kenny has since declined to say if Mr Shatter is due an apology. Asked if he had ignored concerns about the Guerin probe, Mr Kenny referred to Mr Shatter’s resignation letter.

The court will decide later this month what remedies or orders may be made.

Mr Shatter, speaking to the Irish Examiner, refused to offer specifics about any likely outcome.

“Those are issues, the focus of which will be an aspect of the Guerin report referenced in court that detrimentally impacted on my good reputation. It will be for the courts to determine.

“I will discuss the aspects with my senior counsel.” Mr Shatter also refused to comment on whether Mr Kenny should apologise.

“It is up to the Taoiseach to determine the right path.”

The court ruling highlights several adverse passages in Mr Guerin’s report on Mr Shatter. It is understood lawyers on both sides may discuss whether these should be altered.

Another option which may be considered or requested is for the report, or parts of it, to be deleted on the Taoiseach’s website, or amendments made.

The department website yesterday still had a link to the Guerin report but a link to a press release no longer connects.

Mr Kenny has already changed the Dáil record regarding previous statements about Mr Shatter.

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