Guerin Report: Force must finally get the message

Ireland is very good at producing reports but hopeless about taking action. Regrettably, the reality is that official probes by or into agencies of the State usually end up gathering dust on ministerial shelves.

Guerin Report:  Force must finally get the message

That applies with particular force to investigations of wrongdoing by An Garda Síochána. As in the case of the wide-reaching Morris tribunal inquiry into the activities of some gardaí in Donegal, the perception is that public bodies like the Department of Justice simply don’t want to hear the message. Once the wagons are circled, officials just sit on their hands in the hope nobody will notice when nothing happens. And they usually get away with it.

Sceptics can be forgiven for fearing the same fate could await the damning report by barrister Seán Guerin on how allegations of wrongdoing made by whistleblower Sgt Maurice McCabe were handled by An Garda Síochána and the Department of Justice, a scandal that cost Alan Shatter his job as justice minister and Martin Callinan his job as Garda commissioner.

Despite Transport Minister Leo Varadkar’s apt description of the Department of Justice as “not fit for purpose” yesterday, and notwithstanding the promotion of Frances Fitzgerald — a politician with a sound track record — to justice minister, there is no guaranteeing this Government has the stomach for radical change. Ending the unhealthy relationship between politics and policing is easier said than done. Few are less inclined to relinquish control than politicians and civil servants.

The failure to implement key findings of the Morris tribunal is a classic case of how not to take action. Set up to investigate allegations of corruption and dishonest policing, it was published in 2008 with its findings considered of national importance. Though it came up with effective proposals to stop the cancer of garda harassment and improve management structures within the force, the lack of any improvement revealed by the Guerin report suggests that little or no action was taken to implement the Morris findings.

Despite a blizzard of political promises, ministerial shelves are groaning under a mountain of reports awaiting action. Besides the unconscionable waste of taxpayer’s money caused by this feckless approach to governance, denial of justice makes the price even higher.

Astonishingly, there is no documentary evidence to show whether officials briefed Mr Shatter on his statutory obligations. Arguably, the lack of a paper trail suits civil servants and ministers who can avoid answering questions under the Freedom of Information Act. How many more hidden scandals are out there?

Two significant developments occur this week: Tomorrow, the Cabinet will set the terms of reference for the commission of investigation into the Shatter affair and on Wednesday the Oireachtas justice committee will open hearings on reforming the gardaí. On past experience, such inquiries can run for years, with lawyers laughing all the way to the bank, so it is essential to keep the timescale narrow and the parameters tightly focused.

Finally, the public will welcome the long overdue renewal by interim Garda Commissioner Nóirín O’Sullivan of Sgt McCabe’s access to the Pulse system. Given what he uncovered, he should be in charge of the whole system.

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