Justice reform pledged following Guerin report

Investigation into whistleblower claims finds Shatter and gardaí failed to adequately investigate allegations

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New Minister for Justice Francis Fitzgerald discusses the findings in the 300-page report Guerin report from the Government buildings this afternoon

Steven Carroll

Fri, May 9, 2014, 22:16

First published: Fri, May 9, 2014, 13:05

Taoiseach Enda Kenny and Minister for Justice Frances Fitzgerald have said a “root and branch analysis” of the Irish justice system will be carried out as a result of the findings of an investigation by barrister Sean Guerin into allegations of corruption and malpractice in the force published today.

In his 300-page report on a dossier of claims handed in by garda whistleblower Sgt Maurice McCabe, Mr Guerin concludes that An Garda Síochána and former minister for justice Alan Shatter failed in their duties to properly investigate matters raised by Sgt McCabe.

The report vindicates Sgt McCabe.

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It says a comprehensive commission of investigation is “desirable in the public interest” to ensure “continuing confidence in the institution of An Garda Síochána and the criminal justice system”.

Responding to the report this evening, Taoiseach Enda Kenny said a root and branch analysis of the policy and practice of the administration of justice in Ireland is now needed. Mr Kenny said the Dail would debate the content of the Guerin report next week and he would welcome the contributions of all members.

“This is not just about politics, it is about getting it right for the people of our country-for the citizens, for the next generation, for everybody to have integrity, belief and faith in an garda siochana, in the accountability, in the transparency in the way it is run,” he told reporters in Gort, Co Galway.

The newly appointed Minister for Justice Frances Fitzgerald said its findings reaffirm that “we must now enter a new era of policing in this country and that organisational reform and cultural change is essential.”

She said it raises “fundamental questions about the treatment and response to victims of crime which must be addressed as a matter of priority. The content and the findings are extremely grave.”

Interim Garda commissioner Noirín O’Sullivan said she was studying the report’s findings closely in conjunction with senior management “ to identify immediate actions that can be taken as part of our process of change that is currently underway”.

Sgt Maurice McCabe tonight welcomed the findings of the Guerin report and said it had vindicated him.

“It is a good day after six years of fighting the system. Now I hope my family and I can move on.”

Sgt McCabe expressed his thanks to Fianna Fail leader Michael Martin for taking on his case and forwarding his file outlining his concerns over garda conduct to Taoiseach Enda Kenny.

Sgt also mentioned that despite the findings of the Guerin report “I am still restricted from accessing Pulse”. He added that there had been no contact from anyone in senior Garda management after the report was published.

Findings

Mr Guerin found that the “overall impression given by the internal Garda investigative process was that complaints or matters of concern were put through a process of filtration or distillation so that, by the end of the process, any matter of concern had been removed as a form of impurity, and only what was good was found to remain.”

Mr Guerin said the terms of reference for such a commission should include “definite matters of urgent public importance” such as:

- two incidents involving Jerry McGrath, who was later convicted of murdering Sylvia Roche-Kelly in Limerick 2007

- the investigation of sexual offences and child pornography offences by a priest with particular regard to the loss of a computer seized during the course of that investigation