No confidence motion ‘risks turning Dáil into kangaroo court’

Tánaiste and Justice Minister Frances Fitzgerald has warned motions expressing no confidence in public servants risked turning the Dáil into a “kangaroo court”.

Speaking during a debate on a motion of no-confidence in Garda commissioner Nóirín O’Sullivan, Ms Fitzgerald said it was one thing for the Dáil to debate motions of no confidence in people who can defend themselves in the chamber.

“But it would be a major departure if individual public servants, guards, nurses teachers were to have their reputation shredded. Such a process would not even have the status of a kangaroo court.”

She tabled a counter motion on behalf of the Government, expressing support for the commissioner.

Labour’s Alan Kelly, in a strong intervention, asked the Tánaiste a number of pointed questions as to who knew what in relation to the fabricated breath test and fixed penalty controversies as well as the audit relating to Templemore college.

Beginning the debate on their motion of no confidence, several Sinn Féin TDs rejected suggestions its motion is illegal. Justice spokesman Jonathan O’Brien said the party’s motion recognises the person who holds the office of the commissioner may be removed from office if the Government believes it is in the best interest of An Garda Síochána.

Mr O’Brien added his party would be happy to give the commissioner the right to reply where she states that she should not be removed from office. “We are sticking within the law” he said. “Everything we have in this motion is done on the basis of legislation”.

Fianna Fáil’s Jim O’Callaghan said the Government would be acting unlawfully if it removed the Garda commissioner on the basis of a Dáil motion, as he has said previously.

“A government and only a government can remove a commissioner from office” he said.

“They can remove a commissioner if they believe it is in the best interests of An Garda Síochána.”

“If this house passed a motion of no confidence in the Garda commissioner, and based on that, the Government decided it were to remove a commissioner, then the Government would be acting unlawfully,” he said.

Independent4Change TD Mick Wallace said it would be a good idea to “get rid of the present commissioner”.

“It is nothing personal — I just think she isn’t fit for the job and we should get somebody else.”

Mr Wallace said it was not just the job of TDs to hold the Government to account, but to hold public office holders to account.