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.