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Fitzgerald on Guerin report: If reform is needed, then reform will happen

The Justice Minister says a Commission of Investigation will be held and the Cabinet will hold fi...
Newstalk
Newstalk

05.54 9 May 2014


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Fitzgerald on Guerin report: I...

Fitzgerald on Guerin report: If reform is needed, then reform will happen

Newstalk
Newstalk

05.54 9 May 2014


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The Justice Minister says a Commission of Investigation will be held and the Cabinet will hold first discussion on it on Tuesday. Frances Fitzgerald has also accepted there were deficiencies within the Department that must be addressed.

It comes as the report that led to the resignation of Alan Shatter says the former Minister did not heed the voice of the whistleblower garda sergeant Maurice McCabe.

It says there is sufficient basis for concern as to whether all appropriate steps were taken by Alan Shatter as Justice Minister to investigate and address the complaints.

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A Commission of Investigation is recommended in the 336-page report which is highly critical of the then Minister for Justice, the Department of Justice and Equality and the Garda Siochana Ombudsman Commission.

This report says both the Justice Minister at the time and the garda force itself did not take heed to the voice of the whisteblower garda sergeant Maurice McCabe - despite him being held in high regard by other gardai and his superiors.

Senior Counsel Seán Guerin found concern as to the adequacy of the investigations at the centre of the complaints - which included the murder of Sylvia Roche-Kelly by a man out on bail.

He says changes in garda practices are required in the taking of statements when complaints are withdrawn, that the force needs to review if the Pulse system is effective in dealing with compliance with bail, and that the operation of the station bail system needs review.

On the role of Alan Shatter as Minister, he criticises that options available were not taken - including that in 2012 when he got the report of the Confidential Recipient, the only thing he did was seek a response from the Commissioner.

And he goes on to say that it is surprising Mr. Shatter appeared to have been satisfied with a brief summary of the conclusions of the garda investigation into the McCabe claims.

Speaking today, the new Justice Minister Frances Fitzgerald says it is clear that the operation practices and procedures within the garda force were inadequate and need to be changed, some of them immediately.

And she has hinted that the man behind the allegations - Maurice McCabe - may soon be given back his access to the Pulse system.

The report is also critical of officials for not bringing matters to the attention of the Minister - saying he can find no detailed assessment within the Department of any of the allegations made by sergeant McCabe or the responses from the Commissioner.

The report says the way sergeant McCabe has been treated since making his complaints needs to be examined.

The government says it will give "careful consideration to the contents of the report" and it will be discussed at cabinet next week.

The report does not use the real names of some individuals, and has been subject to limited redaction for legal reasons, on the advice of the Attorney-General. These reasons include the need to protect the personal information of individuals, information about children, the identities of suspects and the privacy of certain persons mentioned.

Read the full report here 


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