Relationship between Garda and Government has ‘changed forever’

WHILE the implications of the Garda taping crisis continue to unravel, there are growing concerns at the Taoiseach’s role in Martin Callinan’s shock departure and the impact on the relationship between the Government and An Garda Síochána.

One of the leading experts on government and policing in Ireland suspects the manner in which the commissioner left sent out the message he was “pushed”. This, according to Professor Dermot Walsh, was “subversive” of the legislation covering how Garda chiefs should be dismissed.

Meanwhile, senior Garda sources, some close to Mr Callinan, said he was “sacrificed” and made a “scapegoat” by his political masters.

Their former leader — and by extension the force — was treated with “no respect”, they said. More seriously, they claim the relationship between the Garda and the Government has “changed forever”.

First, the legal strand to the unfolding crisis.

The Taoiseach told the Dáil he was moved to take swift action after receiving a briefing from Maire Whelan, the attorney general, on Sunday about tape recordings of phone conversations at Garda stations and a related case before the courts. He said he sent a senior official — who turned out to be the secretary general of the Department of Justice, Brian Purcell, rather his own one — to go to Mr Callinan’s home on Monday evening. This followed a briefing which Justice Minister Alan Shatter received at 6pm from his officials. Mr Kenny said this was to “apprise him [Mr Callinan] on my view of the gravity” of the matter.

The following day, at 9.40am, Mr Callinan told colleagues he was retiring. A subsequent statement said he was doing so in the interests of the force and his family.

Mr Kenny intoned that what was at stake were the fundamental issues of trust, belief, and faith in the justice system. This warranted him moving at such speed — within a day — to confront the commissioner and establish a commission of investigation to examine operation of the tapes, extent thereof, and their legal implications for court cases.

Prof Walsh said he is concerned at how the commissioner was confronted and the result of that. “It sends out the message he [Callinan] was pushed. The action was very swift. The Taoiseach sent the secretary general of the Department of Justice as emissary. It all conveys the impression that he was pushed. That it itself is subversive of the legislation.”

He said the provisions of the Garda Síochána Act 2005, sections 11 and 12, spell out that if a government wants to dismiss a commissioner, it has to go through a process:

* The commissioner must be informed the government intends to consider the matter;

* The commissioner must be provided with a statement as to the reasons;

* The Government can also hold an inquiry into any matter giving rise to a notification;

* The commissioner is given an opportunity to respond;

* The decision is taken by government.

“If you are removing a commissioner you must go through a fair procedure. What happened, it seems to me, is the usual Irish attempt to circumvent statutory requirements of legislation. If you are sacked, you go through a whole process. It could not be done in a day,” Prof Walsh said.

HE said that while the contention by Mr Shatter that he was not briefed by his department about the tape recordings was not worthy of GUBU, it certainly was “unbelievable and bizarre”.

Senior garda sources yesterday expressed their deep anger and sense of betrayal at how Mr Callinan was treated. “He was sacrificed on the alter of political expediency to save other people,” said one source close to the former commissioner. “Democracy and democratic accountability has died in this country.”

A second senior garda said Mr Callinan had been made a “scapegoat for other people”. “For the Garda Síochána it is not so much we need to have trust in the Government, it’s more about being treated with respect, and what happened to Martin Callinan showed no respect.”

He claimed the relationship between the Government and An Garda Síochána had “changed forever” and said that if the current acting commissioner, deputy commissioner Noirín O’Sullivan, didn’t get the job, and they gave it to an external candidate, it would be “a vote of no confidence in them”.

He predicted some would go: “If a new person comes in, say from the US or England, they have no one around them, they couldn’t do the job, they don’t know how things work, they don’t know what’s going on. Noirín O’Sullivan is highly capable, is academically qualified and is a personable person.”

He said organised criminals out there know the likes of Martin Callinan and assistant commissioner John O’Mahoney: “They have put serious criminals away. There is a healthy respect for them. You need a commissioner with street smarts, balls, and ability.”