Talk of another watchdog was not off the cuff but it may not fly

Garda Commissioners don’t do kite-flying, so Nóirín O’Sullivan’s suggestion of another watchdog was likely discussed but it may not fly, writes Cormac O’Keeffe

GARDA commissioners don’t do kite-flying. Not in the way that politicians do.

Anything new police bosses say, particularly in terms of policy, is not just blurted out.

So, when Nóirín O’Sullivan floated the suggestion of yet another Garda watchdog, this one to investigate Garda whistleblower complaints, it caused surprise and some confusion.

It wasn’t something said in the heat of a media scrum. Whatever one might say about the “management speak” she is often accused of, she is not someone who speaks before she thinks.

The choice of forum to make her suggestion was also telling — at the Oireachtas Justice Committee, in an appearance closely monitored by media, politicians and justice agencies.

It could not have been just a device to deflect focus from the expected onslaught from independent deputies Clare Daly and Mick Wallace — and failed to do so in any event.

Deputy Daly was confronted by a blue wall in trying to get clear answers to questions about what the Commissioner knew about whistleblower complaints regarding campaigns of intimidation and harassment.

Ms O’Sullivan kept to the party line. She was “not privy” to any such campaigns, she could not discuss individual cases and was legally compelled to protect the identities of protected disclosures (whistleblowers).

She repeated, at length, that structures and processes to beat the band were in place to both “fully investigate” all allegations and ensure that “welfare and support mechanisms” were there for whistleblowers.

And they had separate dedicated structures for whistleblowers who lodged their complaints with the Garda Ombudsman, whose inquiries they fully co-operated with.

Then Ms O’Sullivan said this: “Perhaps it is time for consideration to be given to some kind of independent entity where all of these issues go to so that people can have some reassurance that there is somebody independently looking at all of these matters and that we make sure the internal structures are there to strengthen and support individual needs.”

Deputy Daly was still caught up with the Commissioner’s own actions: “I’m at a bit of a loss. If all these processes are in place, then why are GSOC and the whistleblowers not happy?”

Everything was “not perfect”, replied the Commissioner and said “everyone was learning”. She said Garda measures were going to be reviewed by an external expert and by the Policing Authority.

She said again: “In our experience, it may be appropriate that some independent entity, which actually impartially and objectively receives all of these complaints and then we focus on putting in place, and strengthen, the processes and supports.”

It would be difficult to believe the Commissioner would not have first run this passed Tánaiste and Justice Minister Frances Fitzgerald.

Cue this response from Ms Fitzgerald at around 11.15am yesterday (the Commissioner’s three-hour appearance kicked off at 9am): “The Police Authority is looking at procedures and policies of An Garda Síochána because I want people to have confidence in the way that An Garda Síochána deal with whistleblowers.

“If another independent body is necessary in order to do that I would certainly consider it. I have been considering how we can best reassure the public that what’s happening in An Garda Síochána meets with the highest standards. If it requires another independent layer it’s certainly something I’d consider.”

Garda and political sources have indicated two realities: firstly, whistleblowers are clearly not happy with how their complaints are being dealt with and the welfare support and protection they are getting; secondly, ministers and senior garda bosses are not happy that some whistleblowers and opposition politicians are washing the dirty laundry in public.

At the Oireachtas justice committee last month, GSOC chair Judge Mary Ellen Ring said the concerns of whistleblowers at the delays in GSOC investigation of their complaints was “clearly an issue”.

She said that getting all the relevant information from the Garda Síochána could “take time”.

She called for changes to the legislation which would enable GSOC to legally compel the Garda Commissioner to hand over documentation.

“We would like to give more time to this area, no doubt,” Judge Ring said.

“It would clearly be of benefit if we had a team skilled, who work in this area. My ideal would be a Protected Disclosures Section, but at the moment our staff are doing other investigations. We do not have the resources yet.”

It’s interesting neither the Commissioner nor the minister were suggesting GSOC should assume full responsibility for whistleblowers.

It could be because the new body may have a welfare and support services function.

And where does this leave the Policing Authority, given its obvious role in policy and oversight of this area.

The thing with kite-flying is, you don’t know if it will soar, or drop, once the wind dies down.