Inquiry into handling of false allegations against Maurice McCabe to be held in private

The Disclosures Tribunal published a report in 2018 praising Mr McCabe’s efforts and ruling that he had been a victim of “calumny” within An Garda Siochána. File photo: Leah Farrell/RollingNews.ie

A fitness to practice inquiry into two social workers that arose out of false allegations made against former Garda sergeant Maurice McCabe has ruled that the hearing will be in private. 

Both of the social workers had been employed by Tusla when details of a false allegation of child abuse against Mr McCabe were processed.

The matter was previously dealt with by the Disclosures Tribunal where questions arose about how the matter had been handled in the child and family agency.

On Monday at the outset of the inquiry by CORU, the regulator for health and social care workers, one of the social workers applied for the hearing to be held in private. 

Following submissions the chair of the inquiry announced that the request would be acceded to. 

In October, the inquiry had heard a preliminary application for a private hearing from the same party but rejected it. The chair of the inquiry Susan Ahern said the balance between the public interest and the rights to privacy of the individual had now shifted. 

The second social worker appearing before the inquiry would also benefit from this decision as there were a number of overlapping matters.

The inquiry is expected to run for three days with a decision due before Christmas. However, as the inquiry is being heard in private it remains unclear whether or to what extent any ruling will be made public. 

Senior counsel was representing both CORU and the social workers at the hearing which was held at CORU’s office in Dublin’s Smithfield Square.

False allegations

The issue at the heart of the inquiry concerns the opening in 2013 of a file about a false allegation of child sexual abuse involving Mr McCabe.

He had been the subject of a minor issue which was brought to the notice of Tusla and of which he was completely cleared.

That matter got mixed up with a file in which serious abuse was alleged against a perpetrator. 

The error occurred around the time that Mr McCabe was highlighting Garda malpractices in the investigation of crime and road policing. 

The file was circulated to the gardaí at the time, but in 2014 Tusla became aware that an error had been made.

It attributed the issue to a “clerical error” but did not contact Mr McCabe to inform him what had occurred.

He only became aware of it in 2017 in the course of assembling a legal case over his treatment as a Garda whistleblower.

The matter came to public attention at the same time that other allegations, involving the blackening of Mr McCabe’s name within An Garda Siochána, were being examined.

As a result, it was deemed necessary to set up the Disclosures Tribunal. The tribunal published a report in 2018 praising Mr McCabe’s efforts and ruling that he had been a victim of “calumny” within An Garda Síochána.