Minister describes new appointment as "a man of the highest integrity"

national | crime and justice | news report

Wednesday March 12, 2008 02:33

by Schott

Law Minister Brian Lenihan has named the external "confidential recipient" in the system aimed at providing an outlet for Gardai to inform on their colleagues who break the rules.

Since Michael McDowell changed the law to impose strict penalties on members of the Garda Siochána who talk to journalists, there has not been any legal way for members to report malpractice, except through using internal channels. Experience has shown that the gardaí can be extremely unsupportive of those who seek to draw attention to failings of their colleagues.

While some people have expressed disbelief at whether a political appointee can be be truly trusted to be independent of political influence, those who can remember the evidence heard in a case in the High Court in 2006 have wondered whether the particular person chosen will be able to inspire confidence in the rank and file gardaí.

When he was secretary to the President, Brian McCarthy was involved in a court case brought by a protocol officer on the President's staff, Ms Bridget Conway. She was subject of disciplinary proceedings which, she said, were the result of resentment and "personal animus" against her on the part of Mr McCarthy and another senior civil servant. She launched a court challenge to overturn these proceedings.

When the Deputy Secretary of the President, Mr Paul Butler, was called as a witness, he gave evidence in the case that he recalled that he was aware of resentment towards Ms Conway being assigned the role of protocol officer. Shortly afterwards, he said, he had a conversation with Mr McCarthy who had "expressed his unhappiness that 'the girls' should be allowed to accompany the President on her official engagements, as he saw this more as his role".

Ms Conway, in taking the case, sought a declaration that the disciplinary investigation was "oppressive, arbitrary, unreasonable, an abuse of power and was made in bad faith". She talked about a "personal vendetta" against her.The case was settled last October when she agreed to retire from her job. Mr McCarthy also retired from his post as Secretary General to the President last year.

In his new role, he will be expected to receive reports from gardaí and civilians who want to report corruption or other wrongdoing in the force. However, some have questioned whether an ordinary garda or civilian worker could be certain that their evidence would be acted on in a way that was completely independent.

While the Minister has said there will be "extensive protections" for those who come forward with information, those who do will have to have a high degree of confidence in Mr McCarthy and his ability to act independently.

The new "whistle blower" system is a result of a proposal from the Morris Tribunal, which investigated garda corruption in Donegal. The tribunal also proposed the setting up of the Garda Siochana Ombudsman Commission (GSOC), and the Garda Inspectorate. Members of the Garda are not allowed to make complaints to the GSOC. There will be also be a number of internal "confidential recipients" appointed by the Garda Commissioner.

Law Minister Brian Lenihan described Brian McCarthy as "a man of the highest integrity" and wished him well in his new role.

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Comments (3 of 3)

Quiet Whistle

by sch

Thu Mar 18, 2010 14:58

Not much has been heard of the Whistleblower since it was set up.

A report from last year says:

"The fact that there are only three complaints being investigated bears out my point. There is too much mystery surrounding how to access it," Rabbitte said.

"I've had to advise gardaí that they have to go through the structure in their garda station if they want to make a complaint. This obviously is a deterrent for some gardaí."

Feeney says Gardai investigating their colleagues will do nothing to promote public confidence

Wed Mar 19, 2008 17:20

Wednesday, March 19, 2008

The Association of Garda Sergeants and Inspectors has expressed serious concern about the new whistleblowers' charter for the Gardai.

Last week, the Minister for Justice appointed Brian McCarthy as the point of contact for Gardai who want to report corruption or malpractice in the force.

However under the regulations, Mr McCarthy will be obliged to ask the Garda Commissioner to investigate such complaints.

AGSI president Pascal Feeney says Gardai investigating their colleagues will do nothing to promote public confidence in the force.

the blue wall of silence

by paul o toole

Wed Mar 12, 2008 10:09

pauljotoole at eircom dot net

Comming from Brian Lennihans position nearly anyone could be called 'a man of the highest integrity'.
The 'freedom of information act' costs up to 25 euro a page and release of information is subject to approval.
Whistleblowers now must report to a government appointee and upon the discression of yet un-named individuals, the individual making the claim may not have their annonoimity protected, or any guarantee that what they report will be acted upon.

This is just another layer of red tape arround the mouths of Gardai who may have the integrity to speak out against corruption, another device by the state to prevent exposure of its rampant corruption least we be buried up to our necks in a fleet of tribunals-which,by the way were set up to keep politicians and their friends OUT of court.

Look at the case of Terrence Wheelock. That whole debacle may never have happened if there was the slightest level of accountability to be bourne by even one Garda in Store Street torture centre. Terrorised in their own homes by those Gardai who porport to prevent anyone having to suffer the same at someone elses hands, simply, for seeking justice. For seeking explanations into the suspicious events surrounding the 'death' of one of their family. Not one cop spoke out. Not one felt that this could happen to me, my child, my brother, my son. If they did they faced PRISON and 75,000 euro fine, thanks to Michael Mc Doughall-minister for 'justice'....

FRank Mcbrearty and his family may not have had to suffer Ten years of intrusive voilent terrorising attacks from An Garda Siochana had even as one of them had the balls to speak out.
Bad apples do destroy the whole barrel-or in this case the whole crop. When no one bothers to keep an eye, or in this case intentionally forces ignorance with penalties attached, rot sets in.

This latest measure is nothing more than a pretence at accountability, when in fact it is just another beaurocratic layer nailed down firmly over the mouths of anyone who might be inclined to speak up and report behaviour 'un-becomming an officer'.

The horrible thing it could happen again, it could be happening now and we wont know until its to late. There could be a child lying dead on the floor of a police station right now after suffering at the hands of the guardians of the peace. There could be a plane comming through Shannon with Napalm, Cluster bombs, Depleated Uranium guided missiles or carrying a man or woman to be tortured........with this new legislation we will never know unless someone is willing to take their integrity out of their wallet.
The good news is that most whistle blowers (in the west) who speak out even in light of facing the death penalty for Treason, as in the case of Catherine Gunne in the UK who spoke out about the bugging in the UN by the UK and the US whilst looking for the 'second resolution'........walked free.

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Minister describes new appointment as "a man of the highest integrity"

Comments (3 of 3)