Shatter is treading on thin ice, another scandal could finish him off
Early in the day it looked that way. But by the close of what was a day of high drama in Irish politics, it appeared that the fresh details on the monitoring of calls in and out of garda stations only added to the pressure on the Justice Minister.
The statement was issued at 14:50 — a half hour before the Taoiseach faced into a Leaders’ Questions in which he was bound to face calls for the resignation of Mr Shatter, in light of the resignation of the Garda Commissioner Martin Callinan.
The reason for the timing has not been adequately explained. We are informed that the Taoiseach was told about the practice of monitoring phone calls by the attorney general at 6pm on Sunday.
The problem is that it came to light through the course of yesterday evening that the practice which is now to be the subject of an independent inquiry was described in a report by the Garda Síochána Ombudsman Commission (GSOC) published in June 2013.
It said the recording of incoming and outgoing calls from a garda station had previously been highlighted in a court case in Waterford in 2010 and used as part of the DPPs’ case.
The GSOC report recommended that the Garda Commissioner “may wish to reevaluate his practice regarding the recording of such calls and the consents required if it is to be permissible to use such recordings in evidence”.
It is difficult to see how — when that GSOC report was published last June — how Mr Shatter would not have been aware of the practice, or how anyone in his department would not have alerted him.
The minister’s spokesperson said last night that the GSOC report was merely published on its website, and it was not submitted to the minister. The statement from Government yesterday said “the practice of making recordings was in place for many years and was discontinued in November 2013.” A spokesperson said it was safe to assume that no one in cabinet was informed about this at the time.
Details also emerged last night of a letter sent to the Department of Justice by the now-retired Garda Commissioner Martin Callinan, two weeks ago about the recording of phone conversations. The minister’s spokesperson said last night that he only got that letter yesterday morning.
There are also questions as to why the Government decided the issue warranted a statutory Commission of Investigation — other than to say that “the implications of this matter are potentially of such gravity.”
According to Section 67 of the Garda Síochána Act 2005, one of the eight functions of the Garda Síochána Ombudsman Commission (GSOC) is “to examine practices, policies and procedures” in the force. This means that such an inquiry could have been referred to GSOC by the Minister for Justice.
The message from Government yesterday was to emphasise its “commitment to reform of Garda oversight and accountability”.
And despite the Taoiseach’s insistence that it was being dealt with “for once and for all” questions still linger over Mr Shatter’s handling of the issue. If it does emerge that he had any awareness of the practice of recording telephone conversations at garda stations, then a whole new crisis will emerge. And the distraction of the phone taping should not take away from the questions he still has to answer over his treatment of garda whistleblowers.
Nothing short of a correction of his comments last October that they failed to cooperate with an internal garda inquiry into penalty points, is likely to wash at this stage.
During Leaders’ Questions, Enda Kenny said Mr Shatter would “deal with this on Thursday” when statements are planned on the Garda Inspectorate report into penalty-point cancellations.
And last night Finance Minister Michael Noonan said: “I think he certainly has to address it, I’m not going to prescribe what form of words he uses.
“I’d certainly be conscious of the fact that a lot of people would like him to comment further on it.”
Some sort of retraction could ease the pressure on Mr Shatter. And even if it is not forthcoming, the Labour Party isn’t showing any great appetite to demand one.
But he still has questions to answer over his knowledge of the recording of telephone calls — which he has pledged to do in the Dáil today.
Furthermore, there are three reports into matters relating to the gardaí pending. With concerns over his handling of issues seeping deeper into the public consciousness — any further controversies surrounding this minister — could be enough to topple him.
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