Commissioner talks the talk but status quo rules
There is plenty of law to protect whistleblowers, but where’s the order?
Minister for Justice Frances Fitzgerald has said she would carefully examine the latest allegations about malpractice within An Garda Siochana.
Her statement was in response to the Irish Examiner’s that two senior gardai have come forward to allege there was an organised campaign to “destroy” a whistleblower.
The latest allegations contain an extra layer of credibility by dint of the fact that one of those coming forward has admitted his role in such an alleged campaign.
Today in the Dail, Fianna Fail leader Micheal Martin brought up the matter with the Taosieach, saying: “It’s above and beyond a GSOC investigation…it’s at a very high level of wrongdoing.” He added that he was not prejudging any potential inquiry.
Mr Kenny agreed with him, deploying a caution that was in contrast to the stonewalling that is often the first weapon of defence on government benches.
So everybody agrees. This is serious stuff. Something must be done. The first port of call is the staple of Irish public life – the inquiry. It was confirmed today by the Taoiseach that an inquiry, possibly led by a judicial figure, would most likely be established.
The inquiry will either decide that it’s all a ball of smoke, or that the allegations have substance. In the event of the former conclusion, there will be understandable cries of “cover up”.
If there is a determination that senior management did target a whistleblower, a bout of breast beating will ensue or a further inquiry. Any of the three outcomes will be entirely unsatisfactory, but we should be getting accustomed to dissatisfaction by now.
This is all entirely predictable because we have been here before as recently as 2014. Then, when a new commissioner came into office – initially on an interim basis – she assured everybody that she was armed with a new broom.
Change, Noirin O’Sullivan inferred, had arrived strapped to her back. She would ensure that the old culture would be swept away, to be replaced with one of openness in which “our critical friends” as she termed internal complainants, would receive a sympathetic hearing.
She certainly talked the talk. She also made some structural changes, including the recent appointment of an officer to manage those who make protected disclosures.
Between the procedures brought in by the force and the changes to legislation under the Protected Disclosures Act, the new regime has plenty of law when it comes to whistleblowers. Law is one thing, order another. In particular, there is little evidence that those making disclosures can feel that they will be protected. A new inquiry will not change that.
Two statements made in the last few days sum up the glaring problems that still persist. On Tuesday, commissioner O’Sullivan said she was all ears when it came to whistleblowers.
“I have on numerous occasions expressed my support for any employees who have issues and concerns,” she said. “As commissioner I have actively asked employees to bring forward issues and concerns. We learn by listening.”
Contrast that with the words today of Independent TD Clare Daly, to whom a series of whistleblowers have approached seeking protection.
“I know for a fact that people who have come forward on the watch of Commissioner O’Sullivan and made protected disclosures have had no contact from her at all in relation to their claims and that people in their stations who bullied and intimidated them have been included on the promotions list while they (the whistleblowers) are out sick from work – isolated, harassed, on very low pay.
“The reality for those people is the complete and utter polar opposite of what the commissioner has said,” Daly told RTÉ’s Morning Ireland.
In the case of Maurice McCabe, Daly’s contention stands tall. Last May, it was revealed in this newspaper that there appeared to have been an attempt to portray Sergeant McCabe as a man with an agenda to do wrong to the force.
The attempt was killed off only because Sergeant McCabe had a recording of a contentious meeting. Without that, he would have been buried.
Commissioner O’Sullivan, who had instructed her counsel to challenge Sergeant McCabe’s motivation, referred the matter to GSOC. Yet, despite what had emerged she has not once contacted Maurice McCabe to apologise for what may have been a misunderstanding, or to enquire how he was holding up, or even to check out his welfare.
Judge O’Higgins reported that Sergeant McCabe had done the State a service, yet his own commissioner has not even bothered to contact him over the further wrong that could have been perpetrated on him while he was engaged in doing that service.
The reality is nothing has changed. And until this matter is dealt with, little will change. The glaring shortcomings highlighted by successive Inspectorate reports, the misclassification of crimes as reported by the CSO, the failure to promptly co-operate with GSOC - none of these issues will be properly addressed while the culture of circling wagons and picking off those who break ranks persists.
It may well be time to finally address what this government and its immediate predecessor regarded as the nuclear option. Personnel from beyond the circled wagons are required to effect change at all levels.
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