Minister's stance on garda whistleblowers 'very dangerous territory', says Labour TD

The Dáil heard an Independent Technical Group Private Members' Motion calling for a formal inquiry into the handling of protected disclosures and whistleblower protections

Jim O'Callaghan said he is 'satisfied that there is a robust system in place to deal with and oversee the handling of protected disclosures in An Garda Síochána'.

The justice minister is in "very dangerous territory" around garda whistleblowers, a Dáil debate has been told.

Labour's Alan Kelly made the claim during an Independent Technical Group Private Members' Motion calling for a formal inquiry into the handling of protected disclosures and whistleblower protections.

The department's handling of disclosures has been under scrutiny in recent weeks following an RTÉ documentary and newspaper reporting about garda whistleblowers.

A protected disclosure on behalf of Detective Superintendent Brian O'Reilly was sent to Helen McEntee, who was then justice minister, in September 2023.

The disclosure included allegations about faulty holsters and the storage and use of faulty ammunition, while disclosures were also made about gun holsters used by gardaí, including murdered detective Colm Horkan.

Introducing the motion, Áontú leader Peadar Tóibín said "there are serious questions" about the competence of the former minister Ms McEntee, and "whether she broke the law".

"She has not explained on what statutory authority, as former minister for justice, she intervened in the handling of reports of the Office of the Protected Disclosures Commissioner," Mr Tóibín said.

Mr Kelly said that even though current minister, Jim O'Callaghan, consistently says he cannot speak about protected disclosures, "he amazingly has the capacity to vocalise aspects of Brian O'Reilly's protected disclosures".

"The minister has made public that he sent Brian O'Reilly's protected disclosure to Fiosrú when he came into office. He also alleges that Mr O'Reilly has failed to engage. The minister is completely misleading people by saying this. 

This is not accurate and is totally selective. It is dangerous territory for the minister now — very dangerous territory.

"This is what really happened. Prior to the minister, Deputy O'Callaghan, taking office on January 17, 2024, a department official endeavoured to move Brian O'Reilly's protected disclosure out of the department. They wanted to get rid of it before the minister took office, really, despite the fact they had not statutory power to do so. 

"Fourteen months after the Secretary General's appointment to investigate, Brian O'Reilly was told to go to Fiosrú and start again. He never provided any such consent. Despite this, on February 27, the minister, Deputy O'Callaghan, sent the disclosures to Fiosrú. This is a fatal error.

"The minister has now also acted without legal authority."

In response, Mr O'Callaghan told the Dáil that issues around holsters were "matters of public interest that require independent examination by Fiosrú" and that he is "satisfied that there is a robust system in place to deal with and oversee the handling of protected disclosures in An Garda Síochána".

"I am assured by the Garda Commissioner that all protected disclosures made to An Garda Síochána are treated seriously. Furthermore, the Commissioner has taken a number of measures to strengthen the protected disclosure mechanisms and structures within An Garda Síochána," Mr O'Callaghan said.