Whistleblowers Character Assassinated by Corrupt Whitewash Cover Up of Commisioner Garda and Corrupt Politicians, When You Read This You Will Say The Pychopath Liars and Sick Bastards That They Are

WHISTLEBLOWERS CHARACTER
ASSASSINATED BY CORRUPT
WHITEWASH COVER UP OF
COMMISIONER GARDA AND CORRUPT
POLITICIANS , WHEN YOU READ THIS
YOU WILL SAY THE PYCHOPATH LIARS
AND SICK BASTARDS THAT THEY ARE
Criminals in Uniform - Re: Garda
whistleblower Maurice Mccabe
https://www.youtube.com/watch?
v=eVhyzJ-u4_8&feature=share
May 14, 2016

Extracts from discussion about the following article:
BY RITA CAHILL
Friday 13th May 2016, Inset article by Michael Clifford for the
Examiner.
https://www.youtube.com/watch?v=Wrwgs-xcdWo&sns=fb
My Advice To The Mc Cabe Family is to Take There Justice to A

European Independent Court of Human Rights Abuse and under the
Grounds of Mental Torture by the Hands of Government And Garda
Commissioner Conspiracy and Treason to Whitewash Crimes here
It Will be another snared investigation to cover up he was selected,
FG Selected Judge
Cabinet chooses High Court judge Peter Charleton for Supreme

Court post
Vacancy created by retirement of Nial Fennelly
Tue, Jun 17, 2014, 19:03
Ruadhn Mac Cormaic
Mr Justice Peter Charleton: appointed to the Supreme Court. File

Photograph: Dara Mac Dnaill/The Irish Times
The Government has nominated High Court judge Peter Charleton to
fill the Supreme Court vacancy created by the retirement last month
of Mr Justice Nial Fennelly.
A member of the High Court bench since 2006, Mr Justice Charleton
has been assigned to commercial cases for the past four years and
has written extensively on criminal law.
He also has experience in judicial review and personal injury cases,
is an ad hoc judge of the European Court of Human Rights and has
been supervisor of the Judicial Researchers Office since 2011.
Mr Justice Fennelly retired last month, having served on the
Supreme Court since 2000, and has been appointed by Government
to lead the commission of inquiry into the taping of telephone calls
at Garda stations.
Educated at Trinity College Dublin and Kings Inns, Mr Justice
Charleton was called to the Bar in 1979 and took silk in 1995. He is
the author of a number books on criminal law and has also
published on family and constitutional law, copyright, extradition
and judicial review. One of the countrys leading barristers before his
appointment as a judge, he worked as counsel for the Morris tribunal
into allegations of corruption in the Donegal division of An Garda
Sochna.
Mr Justice Charleton has lectured at Kings Inns, Trinity College
Dublin, Fordham University in New York and Beijing University of
Political Science and Law. He is also chairman of the National
Archives advisory council.
The appointment leaves a vacancy on the High Court, which is
expected to be further depleted when nine judges are appointed to
the new Court of Appeal later this year.
Later this month, the Judicial Appointments Advisory Board will meet
to consider applications to fill the High Court vacancy left by the
retirement earlier this month of Mr Justice Iarfhlaith ONeill. It may
now use the same panel of applicants to choose a replacement for
Mr Justice Charleton.
Two more High Court judges - Mr Justice Barry White and Mr Justice
Daniel Herbert - are due to retire before October.
The advisory board receives applications for judicial posts and sends
Government a list of candidates who meet a set of minimum
criteria. However, the board does not rank candidates by merit and
the Government is not required to choose from its list, giving
ministers wide discretion. Serving judges are not required to apply
through the JAAB.
Nirn OSullivan rejects calls to step aside: false accusations do not

make me guilty of anything
Commissioner: I was not part of any campaign to spread rumours
about Sgt McCabe
February 13, 17
Vivienne Clarke, Sarah Bardon
Garda Commissioner Noirin OSullivan is facing calls to step down
from her position. Photograph: Dara Mac Dnaill
Garda commissioner Nirn OSullivan has said she will not be
standing down while a commission of inquiry examines allegations
over the treatment of Garda whistleblower Sgt Maurice McCabe.
Cock-up or conspiracy, its time to

come clean about Maurice McCabe
claims
Without a full explanation from the HSE and garda about
their handling of the Maurice McCabe claims, public
confidence in both agencies will drain away,
On Saturday, Lorraine and Maurice McCabe turned on their

TV to find that the HSE was apologising to them.
The apology was part of a statement issued by the HSE in
explanation of the horror visited on the McCabe family
over false allegations of child sexual abuse.
This is the manner in which a family who have been
subjected to the most appalling treatment at the hands of
State agencies were informed of an apology.
Nobody contacted them directly. There was no letter
couriered to their home, which might be just as well,
considering that an apology couriered on Friday from Tusla
went to the wrong address.
Far more worrying though, than the callous approach of a
health service to somebody grievously wronged, was the
content of the statement.
If the HSE is coming out with its hands up, it is certainly
not coming clean on what exactly occurred to thrust the
McCabes into a Kafkaesque nightmare.
The statement begins: In July 2013 there was an
allegation of retrospective abuse made against Garda Sgt
Maurice McCabe.
It does not specify whether this allegation was the serious
and false accusation of digital penetration.
The woman at the centre of this issue had made an
allegation in 2006, through her garda father, that Sgt
McCabe had, eight years previously, rubbed up against
her and tickled her inappropriately at a birthday party.
That was investigated, dismissed in terms of evidence,
and the alleged incident characterised by the DPP as not
even being a criminal complaint.
So in 2013, this now adult was making an allegation.
Was it the old allegation rehashed? Or was it the serious,
horrendous accusation of the worst form of sexual abuse?
The answer is vital to all that followed, and neither the
HSE nor Tusla has stated categorically which it is.
Yesterday, The Sunday Times reported that the womans
solicitor stated that she did not make the complaint in
question, and knew nothing about what unfolded in Tusla.
For confidence to be retained in the health authorities,
there needs to be either agreement or dispute with that
position.
The HSE statement goes on to say that there was an
administrative error made by a staff member of the HSEs
National Counselling Service.
The phrase cut and paste has been used to explain this
error. How so? Prior to the allegation there was no file on
Sgt McCabe. What could be cut and pasted?
The file opened on Sgt McCabe had handwritten notes on
the specifics of the serious allegation.
How did that originate? What could it have been cut and
pasted from?
Specifics are required and promptly.
Later in the statement, matters turn ever more
Kafkaesque when referring to the discovery of what had
gone wrong in May 2014.
The HSE is satisfied that correct procedure was followed
once this error was brought to the attention of the
National Counselling Service.
No it wasnt. Nobody informed Sgt McCabe, even at that
late stage, about what had occurred.
Nobody informed the Data Protection Commissioner.
The record of the spurious complaint was maintained on
file, as it was referenced by the social worker who
contacted Sgt McCabe in January 2016 to inform him it
was necessary to determine whether he posed a danger to
children.
Finally, the statement descended into insult.
The HSE apologises unreservedly to Mr McCabe and his
family for the distress caused on foot of this error.
Right, by telling the public before contacting the
distressed family?
By including the apology in a statement that did little to
illuminate what went wrong?
At least the HSE has made an effort to stem any draining
of public confidence in its operation.
The same cant be said for the garda.
Basic questions could be answered without reference to
any inquiry, in order to reassure the public that from the
forces perspective this was a cock-up rather than a
conspiracy.
For instance, the file on Sgt McCabe states that the 2013
allegation was referred to the Garda officer who
investigated the original complaint from McCabes
colleagues daughter in 2006.
If this is the case, that officer would have known that the
serious, vile allegation bore no resemblance to the original
complaint.
Why was nothing done?
Yesterday, it was reported that the woman told garda in
May 2014 eight months after members of the force had
possession of the vile allegation that she did not make
the complaint in question. What had happened in the
intervening eight months?
Why wasnt she informed and interviewed? Why wasnt
Sgt McCabe informed and interviewed?
Even the most benign explanation that garda cannot
investigate unless a complaint is made explicitly to them
does not answer the questions.
An Garda Sochna has a duty of care both to its own
members and to the public.
Senior members were aware of a complaint against one of
its own about something that could be a threat to children,
yet it did nothing for eight months.
Over the same period, Sgt McCabe went from being an
anonymous whistleblower who was greeted with some
scepticism, to an identifiable human being whose bona
fides were confirmed by a number of public figures.
There are a lot of coincidences in there, and without full
and prompt explanations from both the HSE and the
garda, there will continue to be a draining of confidence
from both agencies.
http://www.irishexaminer.com/viewpoints/analysis/michael
-clifford-cock-up-or-conspiracy-its-time-to-come-clean-
about-maurice-mccabe-claims-442763.html
Taoiseach Enda Kenny refuses to clear
up whistleblower questions
Monday, February 13, 2017
Concern over why abuse claims werent discussed by

Cabinet.
Taoiseach Enda Kenny has refused to say if and when he
found out about false child sex abuse claims regarding
Garda whistleblower Sgt Maurice McCabe.
There is growing confusion among senior government
figures about why a Tusla file about Sgt McCabe was not
mentioned or discussed at last weeks Cabinet meeting.
Minister for Children Katherine Zappone met Sgt McCabe
on January 25, at which an apology and the blunder by the
child and adult agency over the false sex abuse
allegations were discussed.
While a Cabinet meeting last week debated a fresh inquiry
into an alleged Garda smear campaign against Sgt
McCabe, Ms Zappone did not raise the Tusla file or inform
her colleagues of the issue.
Mr Kenny yesterday faced questions about what he had
discussed with Ms Zappone, prior to her meeting the
garda.
Pressed by RTs The Week in Politics about when he first
learnt in Leinster House of the sex claims against Sgt
McCabe, Mr Kenny refused to say if or when he first
learned of the allegations.
You work in Leinster House for many years, it is a place of
inexhaustible rumours, hearsay and allegations.
Mr Kennys spokesman said on Friday the Taoiseach first
learned of details of the Tusla file on Sgt McCabe last
Thursday, from the media. But Mr Kennys refusal to say in
person when he first heard any of information or details
around the sex abuse allegations will lead to more
questions.
Furthermore, Mr Kenny seemed to blame Ms Zappone for
details not being passed to Cabinet about Sgt McCabe
despite the fact the Taoiseach did not ask her about the
McCabe meeting.
[She] did tell me she intended to meet with Sgt McCabe
in a private capacity and thats all I knew. I said to her, if
you do have a meeting make sure that you have a
thorough account of it. When we had our meeting on
Tuesday, I wouldnt have been aware of any of the details
of the discussions with [him].
READ MORE: Michael Clifford: Cock-up or
conspiracy, its time to come clean about Maurice
McCabe claims
Mr Kenny said he had not asked his minister what the
meeting was about as it had been in a private capacity.
This was despite the fact it was about Tuslas apology over
its botched file on the abuse claims.
Ms Zappone did a U-turn on Friday. After originally saying
she had informed relevant government colleagues about
the McCabe issue, she later said it would have been
highly inappropriate for her to have briefed colleagues
about sensitive information. This has caused even more
confusion.
Meanwhile, Mr Kenny yesterday also agreed there was the
potential for a criminal investigation to be held in parallel
to the new inquiry about the alleged campaign against Sgt
McCabe.
He said he was not ruling out such an option, but that
evidence would be needed. Extending the terms of the
Charleton inquiry out to deal with other whistleblower
cases was also not recommended, he said, as it would
change the timeframe of the commission of investigation.
He also suggested that he found the whole Tusla case,
where the claim of sex abuse was copied and pasted from
one file onto Sgt McCabes, difficult to understand.
There would likely be a review of the agencys work, he
added.
Separately, Mr Kenny also dismissed suggestions that
government colleagues have advised him to step aside
and let a new Fine Gael leader take over by the summer.
Second apology to Maurice McCabe

bungled by HSE
The HSE says it still wants to make a formal apology to

Maurice McCabe and his family despite a bungled attempt
which the McCabes rejected out of hand.
It was the second agency to make a mess of saying sorry

to the whistleblower after Tusla delivered its formal written
apology to the home of one of his elderly neighbours
where it was only discovered after the womans daughter
spotted it.
The HSE issued a public statement at lunchtime on
Saturday, saying it apologised unreservedly for the
distress caused to Sgt McCabe and his family but it failed
to notify the McCabes in advance and they only heard
about it on the news hours later.
In addition, the HSE made no mention of the false sex
offence allegations made against Sgt McCabe but
repeatedly described the source of his distress as an
administrative error.
The statement also said that once the error was
discovered, correct procedure was followed but that does
not tally with the fact that the erroneous file was not
destroyed and resurfaced to cause more difficulties more
than a year later.
When the McCabes became aware of the statement and
its contents late on Saturday night, they contacted an
official of Health Minister Simon Harris to say it was not
being accepted.
The HSE said it was in the process of preparing a more
formal apology to Sgt McCabe and his family and it only
became aware that there was a problem with the public
statement yesterday morning. It also implied it did not
have contact details for Sgt McCabe.
In an attempt to defuse the situation, the HSE issued
another statement at lunch time yesterday. It said that
once it became aware of the McCabes upset it
immediately convened a meeting in order to discuss his
concerns and to put in place a process for contacting Sgt
McCabe.
Telephone contact was made between 11am and 1pm
and a voicemail left for Sgt McCabe. The HSE wishes to
talk to Sgt McCabe in order to discuss the statement that
we issued and any issues that he may have in relation to
the information contained therein.
Last year the HSE came under fire for bungling another
apology in the Grace case when it initially claimed to a
Dil committee that it had officially apologised to a young
woman left in foster care for 13 years despite the home
being the subject of abuse allegations.
HSE bosses later had to admit they had made no such
apology.
http://www.irishexaminer.com/ireland/second-apology-to-
maurice-mccabe-bungled-by-hse-442775.html
This insider NI cop of Corruption In
South of Ireland, X PSNI
A Woman scorn With V-engines to
Attack and humiliate whistle blowers
Everybody is entitled to their opinion'
Garda Commissioner Noirin O Sullivan
Nov 26, 2014
Garda Commissioner Noirin OSullivan has vowed to put
victims of crime at the centre of everything the force does.
VIDEO: 'Everybody is entitled to their opinion' Garda
Commissioner Noirin... VIDEO: 'Everybody is entitled to their
opinion' Garda Commissioner Noirin... VIDEO: 'Everybody is
entitled to their opinion' Garda Commissioner Noirin...
https://www.youtube.com/watch?
v=pbjYc7p_L0M
Minister knew for 6 months about

second gardas Tusla concerns
Michael Clifford
Details have emerged of another Garda whistle-blower
raising concerns of how Tusla treated him and his family.
The details of his case have been known to the Justice
Minister Frances Fitzgerald for the last six months and to
Garda Commissioner Nirn OSullivan for at least a year.
The whistleblower claims he has been subjected to
different forms of intimidation and harassment since he
made complaints of malpractice.
More than three years ago there was an incident between
the man and his partner there was no violence though a
garda was called to the scene, albeit not by either of the
couple.
A few weeks later, the woman was invited to the local
Garda station and interviewed for eight hours before,
according to her, she was pressured to sign a statement
with an implied threat there may be repercussions for the
children if she did not.
A senior officer wrote a Notification of Suspected Child
Abuse for Tusla about suspected emotional abuse of the
children.
Tusla said there was no evidence of abuse detailed and it
would not act unless it received further information.
The woman contacted garda and withdrew the statement
she had made.
Several months later, the couple received a letter from
Tusla, inviting them to a meeting with two of its
employees. It was agreed that the argument the couple
had was the type not unfamiliar to couples in general.
The pair thought the matter had been put to rest, but later
the woman received a call from one of the Tusla
employees to be told a superior had said a home call was
required and that this new instruction was as a result of a
call to the superior from a garda. The employee visited the
house but appeared to find no issues worth pursuing.
http://www.irishexaminer.com/ireland/minister-knew-for-6-
months-about-second-gardas-tusla-concerns-442781.html
The escalating Maurice McCabe

scandal: Enda Kennys ship is heading
for the rocks
Irish Examiner editorial
Political polling, at least the kind made public, was once
thought of as a science but recent, contrary-to-predictions
results have made a reappraisal of polling methodology
necessary.
Some results, especially David Camerons 2015 Tory
majority, were so in conflict with what had been seen in
the crystal ball that they suggest polling is more a finger-
in-the-wind voodoo than a discipline.
Britains decision to quit the EU and President Trumps
victory were not predicted either but pollsters take
comfort that the margins in those votes were so tight that
the usual 3% wriggle room might save their blushes.
Nevertheless, this unreliability led to a French newspaper
Le Parisien to stop publishing opinion polls.
Polls ahead of the April round of Frances presidential
election put far-right leader Marine Le Pen on 25%. The
same poll predicts she will be beaten two-to-one 66% to
34% by independent Emmanuel Macron in the second
round in May.
advertisement
Germans vote in September and Chancellor Angela
Merkel, on 34%, is just ahead of Martin Schulzs Social
Democrats on 31%. In Holland, polls predict far-right Geert
Wilders will win power next month.
These polls will generate momentum but the weekend poll
showing Fianna Fil has an 11-point lead over Fine Gael
will quickly feed into the accelerating vortex in the Dil.
That kerfuffle will be fuelled too by Sinn Fins no
confidence motion.
We seem on the cusp of what could be a momentous week
for the Government, for politics and, most importantly, the
idea of accountability, credibility and trust in public
institutions.
Fianna Fil hit 32% up 3% while Fine Gael polled 21% a fall
of 2%. Fianna Fils rating is a six-year record high but Fine
Gaels 21% is its lowest. These figures will stir barely-kept-
in-check Fianna Fil traditionalists unhappy to continue to
play second fiddle. They will smell blood and see
opportunity.
Ironically, the figures may convince those who would
succeed Enda Kenny that they might be wise to wait until
there is something like clarity around the deepening Sgt
Maurice McCabe scandal before instigating a challenge.
After all, who would want to captain a ship heading for the
rocks?
Worryingly, the assertion by Justice Minister Frances
Fitzgerald that she had no knowledge of the circumstances
surrounding allegations against Sgt McCabe until details
were published last week stretches credibility further.
So does her declaration that she had just one conversation
with Minister Katherine Zappone on the issue. The oldest
question of all in politics if not, why not? is
unavoidable.
Mr Kenny was a TD for seven years when the first GUBU
scandal unfolded so he knows how these things play out.
This is his GUBU crisis and unless he leads a response far
beyond the kicking to touch, the ignorance, feigned or
otherwise, the moral-reservation obscurantism and the
chilling air of stonewalling and conspiracy, he and his
colleagues wont need a poll to tell them what their future
holds.
All around the western world liberal democracy is in
retreat because governments underestimated the
response required to scandals like the sordid McCabe
affair. This is a stand-up-and-be-counted moment. So
much at stake, so little time.
http://www.irishexaminer.com/viewpoints/
ourview/the-escalating-maurice-mccabe-
scandal-enda-kennys-ship-is-heading-for-
the-rocks-442735.html
Maurice McCabe meeting deepens
crisis
The crisis facing the Government over its handling of false
allegations of child sex abuse against Sgt Maurice McCabe
is set to deepen as Fianna Fil leader Michel Martin meets
the whistleblower today.
The meeting, following a request from Mr Martin to see a

copy of the Tusla file on the false allegations, could put
more pressure on Garda Commissioner Nirn OSullivan to
step aside.
Widely differing accounts between Fianna Fil and Fine
Gael on including the child and family agency file details in
an inquiry are also threatening, for the first time, to break
up the government support deal.
And as the blame game escalates among ministers over a
failure to highlight the Tusla file, Sinn Fin will this week
also try and force a snap election with a motion of no
confidence in the Government. Its success though would
require Fianna Fil to tear up its support deal with Fine
Gael.
Mr Martin is set to meet Sgt McCabe at a location outside
Dublin today in order to see the Tusla file. The Fianna Fil
leaders direct intervention previously saw him meet the
sergeant in 2014, following Mr Martins request to then
view a dossier on serious claims of malpractice in the
force.
That meeting led to the setting up of the Guerin inquiry,
which led to the OHiggins commission, which vindicated
Sgt McCabes claims of malpractice.
Todays meeting comes amid growing calls for
Commissioner OSullivan to step aside for the duration of
the Charleton Commission which will inquire into whether
there was a smear campaign against Sgt McCabe at the
highest level within the force.
It follows another dramatic day of developments yesterday
and problems for the Government, which now threaten to
bring down Taoiseach Enda Kennys administration.
Fianna Fil and Fine Gael were in bitter exchanges last
night over whether Justice Minister Frances Fitzgerald was
warned by her counterpart last Wednesday over the Tusla
file fallout ahead.
Ms Fitzgerald insists the first she heard about the Tusla file
was upon watching an RT report on the scandal last
Thursday, after it was also earlier published in the Irish
Examiner.
In a shock development though, Fianna Fil said its justice
spokesman Jim OCallaghan flagged the issue of the Tusla
file with the minister on Wednesday night.
Furthermore, Fianna Fil maintains the minister was
advised to speak with Minister for Children Katherine
Zappone on the issue as she oversees Tusla.
Opposition TDs are now questioning if there has been a
cover-up and are asking why Ms Fitzgerald did not mention
Tusla in the Dil on Thursday in a debate on the inquiry or
at a Cabinet meeting last week.
Furthermore, Ms Zappone is under huge pressure to
explain why she never spoke up at the Cabinet meeting
and alerted colleagues to the Tusla case, especially with
an apology pending for Sgt McCabe and an inquiry being
set up.
Ms Fitzgerald says that Ms Zappone told her by phone on
January 25 that she was meeting Sgt McCabe.
But the two apparently never discussed any more.
I said thanks for calling me Katherine, and that was it,
the Tnaiste told RT yesterday.
Taoiseach Enda Kenny was equally vague about what he or
ministers had known about the Tusla case, which will now
specifically form part of the Charleton Commission.
Asked three times by RTs The Week in Politics yesterday
about if or when he had heard of the rumours in Leinster
House about the Tusla allegations against Sgt McCabe, he
responded:
You work in Leinster House for many years, it is a place of
inexhaustible rumours, hearsay, and allegations.
He did not ask Ms Zappone about meeting Sgt McCabe, as
it was in a private capacity.
It is also unclear where government partners the
Independent Alliance stand on the crisis.
In a further development last night, Sgt McCabe and his
family rejected a HSE apology over its role in the Tusla file
blunder and said they would have no further contact with
the service or Tusla.
Meanwhile, Mr Kenny says he is open to the idea of a
criminal investigation into the whistleblower smear
campaign, a move which could involve an outside police
force.
Sgt McCabe says he would prefer an external criminal
probe, a position backed by the Labour party.
The use of external law enforcement officers would require
legislation to grant them investigative powers.
The FBI was called in in 2000 to examine Garda actions
during the Abbeylara siege.
http://www.irishexaminer.com/ireland/maurice-mccabe-
meeting-deepens-crisis-442780.html
GOVERNMENT CHIEF WHIP AND

MINISTER OF STATE TO THE
TAOISEACH, MINISTER SEAMUS
BRENNAN T.D. REACTS TO SUPREME
COURT JUDGEMENT
The judgement as delivered by the Supreme Court this
morning regarding the Abbeylara Inquiry is disappointing
and is a major setback to the role of the Houses of the
Oireachtas in its Committee work.
Although I welcome the fact that this judgement is
confined to "Abbeylara" type inquiries it no doubt casts
serious implications on the future of the entire committee
system. This system of committee inquiry has proved to
be a welcome, innovative and cost effective alternative to
Tribunals and other Public Inquiries. The Government
together with Members of the Dail and Seanad will now
have to study this lengthy judgement to ascertain what
steps, whether by way of legislation or Constitutional
referendum, can be taken to seek to restore some
appropriate power and investigative authority to the
Oireachtas and its Committee system.
Don't panic or be seen to panic

Varadkar's message to party
colleagues as he cuts short
Colombia trip
TDs are 'freaking out' at the Taoiseach and Tnaiste's
handling of Garda whistleblower crisis
: Varadkar returns from Colombia trip early
: Government get set for vote of no confidence
: Martin: An election will only delay investigation
Kevin Doyle Twitter

EMAIL
PUBLISHED
13/02/2017
Leo Varadkar has urged party colleagues

"not to panic" as he flies home from
Colombia to help the Government survive
the no-confidence motion.
:
The Social Protection Minister had to ask permission from
President Michael D Higgins to cut short his participation
in the historic visit.
It comes as Fine Gael sources told the Irish Independent
TDs are "freaking out" at the Taoiseach and Tnaiste's
handling of the Garda whistleblower crisis.
Most felt their criticisms were too harsh to air publicly at
this time, but there is a growing consensus within the
party that Mr Kenny's days as leader have been cut short
by the debacle.
"If he doesn't make an announcement soon it will be made
for him," one TD, who would be seen as loyal to the
Taoiseach, said.
The sense of crisis has been heightened by an opinion poll
which puts Fine Gael on just 21pc, compared with Fianna
Fil's 32pc.
Officially, Mr Varadkar's decision to return home three

days ahead of schedule is due to the need for every
Government TD to be present for Sinn Fin's vote of no
confidence next Thursday.
Read more: Furious family of whistleblower say HSE

apology was 'shocking and false'
Read more: Time for rank-and-file garda to make their
feelings known
However, sources believe it is also a sign of just how
precarious the entire situation has become for Mr Kenny's
Government.
The Irish Independent has learned that in a message to
party colleagues yesterday, Mr Varadkar said: "Worrying
poll and trend. Important not to panic or be seen to panic.
Everyone needs to stick together this week."
Fine Gael TDs suggested that Children's Minister Katherine

Zappone and Garda Commissioner Nirn O'Sullivan may
have to resign over the controversy if they are to stop
Fianna Fil from collapsing the Government.
#HaveYourSay: Do you think the government will survive
the whistleblower controversy?
Yes 33%
No 67%
VOTE
THANK YOU
We're very damaged by this. It's a big, huge rotten mess
and the truth is nobody knows how to solve it," one TD
said.
Minister for Education and Skills Richard Bruton told
RT's Sean O'Rourke show that the Government is
"nervous".
"There will always be this chase of who said what and who
knew when and where. The core issue is that the
Government handles this. We sought to ensure this by
setting up an inquiry we did not cast aspersions on anyone
until the evidence is sifted.
"People are calm, but if there is a fury in the papers people
will get nervous but I think the job of the Taoiseach and
the Cabinet is to demonstrate what we are doing is in the
public interest."
Dublin North West TD Noel Rock, who was one of the
party's breakthrough candidates in last year's election,
said: "Opinion polls ask if there was an election tomorrow,
who would you vote for? This is obviously a problem for
Fine Gael, as the Taoiseach has been adamant that he's not
leading Fine Gael into the next election.
"So, when people are polled they have no idea who they're
being asked to vote for as Taoiseach.
"It's understandable that our poll rating will be depressed
in those circumstances and it will probably remain that
way until we are able to show who will be leading Fine
Gael into the next election."
Meanwhile, Fianna Fil spokesperson on Public
Expenditure Dara Calleary did note there are "serious mis-
communication issues" at the heart of the Government.
He said he cannot understand how the minister failed to
follow up with Minister Zappone when she was aware she
had met with Sergeant McCabe.
Furthermore, Chair of the Joint Oireachtas Committee on
Children and Youth Affairs Jim Daly said he thinks the
terms of reference of the Charleton Inquiry should be
expanded to include the information in relation to Tusla.
Fianna Fil leader Michel Martin also spoke out this
morning and said an election now will delay the
investigation and any possible consequences.
He told Cork's 96fm Opinion Line he finds it "hard to
believe" it was a copy and past error on the Tusla report
and said there appears to be "unrelenting" attacks on Sgt
McCabe for years.
"The Commissioner herself should assess where she
stands," he said.
'Politically irresponsible'
Fine Gael TD Alan Farrell said Sinn Fin's opportunistic
move at calling a vote of no confidence is "politically
irresponsible".
He also said answers must be provided to Sergeant
McCabe "as a matter of urgency".
The information which has come to light over the past
few days is deeply concerning and I believe the
Commission of Inquiry into this must start urgently," he
said this morning.
"The level of ineptitude which is suggested by reports
regarding the actions of TUSLA and An Garda Sochna is
deeply troubling.
"Any political opportunism designed to bolster polling
numbers should be treated with complete disdain by the
Irish people as it will only serve to delay this crucial
process."
http://www.independent.ie/irish-news/politics/dont-panic-or-be-
seen-to-panic-varadkars-message-to-party-colleagues-as-he-cuts-
short-colombia-trip-35445656.html
By being honest and trying to do the right thing Garda McCabe found
himself been treated like dirt by garda management, now it seems that
some of the leaders of our government are also involved in the awful
treatment of this good man. It's a sad time when we put our faith in
certain people to do the best for us and keep us safe and then they turn
out to be not what we expected and are a major disappointment.
All my life I've heard people talk about corrupt police and corrupt
governments in Latin America or eastern Europe.
Looks like we didn't need to look that far away after all.
As I write this, I cannot get the song "banana republic" out of my head.
the choice is limited, we need more options or either that we abstain
from voting & take to the streets. If the parties in the Dal had any
integrity & did the job we wouldn't need to be voicing concern.
Absolutely sickening that FG TD's are more upset about the handling of
the crisis rather than the events which have caused it. Is there no
concern for McCabe, and his family, or for the other whistle-blowers?
How about the incompetence from Tsla and the HSE - how many files
contain inaccurate information - how many children are genuinely at
risk, why aren't accusations of abuse followed up on immediately? Are
FG TD's really so stupid and blind that they were unaware of what was
going on - either way they are totally unfit for government.
It is truly appalling how Garda McCabe has been treated for more than
10 years. I hope he takes plenty of scalps along the way , notably any
Minister, TD or high ranking Garda that have turned their back on him
or tried to defame him into submission.
Secondly I really hope he gets a massive compensation package from the

state for all his hardship (if Mick Wallace gets 200k for 12 hours in a
garda cell surely he'll get 5m+).
Over 25 years ago a couple of shopkeepers in my local town went to the

local Superintedent to report a Garda they had caught stealing on
numerous occasions on CCTV in their various shops. They were told to
forget it as he was close to retirement and that he would be spoken to.
That in my opinion sums up their attitude to outsiders and will take a
superlative storm to change it.
Explained: The eight

latest details in the garda
whistleblower
controversy
As pressure mounts on the
government, here are the latest details
you need to know about the
whistleblower crisis
Catherine Devine and Niall O'Connor
PUBLISHED
13/02/2017

2
Some of the players in the controversy include, from left, Garda
Commissioner Noirin OSullivan, her predecessor Martin Callinan,
Superintendent David Taylor, Sergeant Maurice McCabe, Tanaiste
and Minister for Justice Frances Fitzgerald, former justice minister
Alan Shatter, Children and Youth Affairs Minister Katherine
Zappone
As the garda whistleblower controversy
continues to dominate the headlines this
week, here are the eight latest details you
need to know about the crisis:
1. Garda Commissioner releases statement
Garda Commissioner Noirn O'Sullivan said she will not be
stepping down while an investigation into the
whistleblower controversy takes place.
In a statement released this afternoon, Ms O'Sullivan
wrote: "My position remains unchanged. Nothing has
emerged in the last three weeks which in any way changes
that situation."
2
2
Whistleblower: Garda Sergeant Maurice McCabe. Photo: Tom
Burke
The Garda Commissioner said the "campaign of false
accusations, repeated and multiplied" do not make her
"guilty of anything".
She continued; "I have made it clear that I was not part of
any campaign to spread rumours about Sergeant McCabe
and didn't know it was happening at the time it was
happening.
"I have repeatedly refuted that claim and do so again."
She wrote; "The easiest option for me would be to step
aside until the Commission finishes its work.
"I'm not taking that option because I am innocent and
because An Garda Sochna, under my leadership, has
been making significant progress, with the help of our
people, the Government, the Policing Authority and Garda
Inspectorate, in becoming a beacon of twenty first century
policing."
2. Varadkar's message
Varadkar has urged party colleagues "not to panic" after it
was revealed that TDs are "freaking out" at the Taoiseach
and Tnaiste's handling of the Garda whistleblower crisis.
3. Crisis in Government
A motion of no confidence in the Government will be held
in the Dil on Thursday. The motion was called for by Sinn
Fin as many TDs criticise the Taoiseach and Tnaiste's
handling of the garda whistleblower crisis.
The sense of crisis has been heightened by an opinion poll
which puts Fine Gael on just 21pc, compared with Fianna
Fil's 32pc.
Fine Gael TD Alan Farrell said Sinn Fin's opportunistic
move at calling the vote of no confidence is "politically
irresponsible".
"Any political opportunism designed to bolster polling
numbers should be treated with complete disdain by the
Irish people as it will only serve to delay this crucial
process," he said in a statement this morning.
4. FF Public Expenditure spokesperson Calleary
has '100pc confidence' in Justice Minister
Fianna Fil spokesperson on Public Expenditure Dara
Calleary said he has "100pc confidence" that Justice
Minister Frances Fitzgerald is telling the truth. However,
he did note there are "serious mis-communication issues"
at the heart of the Government.
He said he cannot understand how the minister failed to
follow up with Minister Zappone when she was aware she
had met with Sergeant McCabe.
5. FF Justice spokesperson Jim O'Callaghan
speaks out
Mr O'Callaghan told Newstalk's Breakfast that is '100pc
certain' that he mentioned the Tusla file on garda
whistleblower Maurice McCabe to the Minister for Justice
on Wednesday, one day before the Prime Time
programme.
Tnaiste Frances Fitzgerald said the first she heard of the
details when she watched the RTE programme.
6. HSE trying to contact Sgt McCabe
The HSE are still trying to contact Sgt Maurice McCabe.
Yesterday evening, Maurice and Lorraine McCabe told
RT News they have decided to have no further direct
engagement with the HSE or Tusla in the wake of an
apology over a file by the Child and Family Agency Tusla
containing false allegations of sexual abuse against him.
7. Tnaiste criticised by TDs
Tanaiste and Minister for Justice Frances Fitzgerald has
been accused of throwing her colleague Minister for
Children Katherine Zappone under the bus. Ms Fitzgerald
has vehemently stuck to her statement that she knew
nothing about the link until Thursday night.
The Tanaiste told RTE yesterday that Ms Zappone rang
her on January 25 to say she was meeting with Sgt McCabe
but the Tanaiste said she did not ask any more questions
as she respected the privacy of the meeting.
Independent4Change TD Clare Daly said that this answer
was "not credible".
8. Martin: An election will delay investigation
Fianna Fil leader Micheal Martin said Garda
Commissioner Noirin O'Sullivan should "assess" her own
position. But Mr Martin has ruled out collapsing the
Government over the Tusla and whistleblower
controversies, saying doing could jeopardise the prospect
of securing "answers" and could delay the investigation.
Speaking on the Opinion Line on Cork's 96fm, the TD hit
out at Sinn Fein over what he described as an
"opportunistic" motion of confidence in the government.
But Mr Martin appeared to shift his position in relation to
the Commissioner's future.
stands," he added.
http://www.independent.ie/irish-news/explained-the-eight-latest-
details-in-the-garda-whistleblower-controversy-35446458.html?
utm_source=outbrain_top_drawer&utm_medium=outbrain&utm_ca
mpaign=Outbrain%2520On%2520Site
Jim O'Callaghan '100pc'

told Tanaiste about Tusla
file before RTE show
Micheal Martin says Commissioner
Noirn O'Sullivan should 'assess' her
position
Niall O'Connor and Ralph Riegel
PUBLISHED
13/02/2017
Jim O'Callaghan says he met with Frances Fitzgerald on

Wednesday
Fianna Fil justice spokesperson Jim
O'Callaghan has claimed he is certain he
mentioned the Tusla file on garda
whistelblower Maurice McCabe to Justice
Minister Frances Fitzgerald last Wednesday.
On Sunday Ms Fitzgerald said the first time she learned of
the allegations was when she watched RTE's Prime Time
on Thursday night.
This latest revelation is further evidence of the huge gulf
that is growing between the government and main
opposition party Fianna Fil, which facilitates the minority
governement.
Appearing on Newstalk Breakfast this morning Mr
O'Callaghan said he was instructed to go to the Tanaiste by
his party leader Micheal Martin last Wednesday, a full 24
hours before the show was broadcast.
96fm Opinion Line

.: Says election will delay investigation and consequences.
9:20 AM - 13 Feb 2017
96fm Opinion Line

.: MM finds it very hard to believe copy & paste error. He
says there appears to be unrelenting attacks on McCabe
for yrs.
9:28 AM - 13 Feb 2017
When asked by host Shane Coleman if he said this to Ms
Fitzgerald, Mr O'Callaghan said: "There is obviously
conflict here. I'm 100pc certain I did."
He added: "I remember saying to her 'Frances you need to
speak to Katherine Zappone as she met Sgt McCabe, she
has this information about the Tusla file."
"The important thing to say is that I mentioned it to her."
Later on RTE Radio One Mr O'Callaghan said he
mentioned Tusla "three or four times" to Ms Fitzgerald.
He repeated his claims that he told her about the report.
"I'm a hundred per cent that I did mention Tusla and I'm
also a hundred percent certain that I said to the Tanaiste,
and the words I used were - 'Frances, you need to speak to
Katherine Zappone because she has met Sgt McCabe and
she has full knowledge about this issue'."
When asked by host Sean O'Rourke about how many times
he believes he mentioned Tusla, he stated: "I said it 3 or 4
times, when we sat down I said there's an issue here,
Primetime are doing a programme tomorrow night about a
Tusla file, Michel Martin has just mentioned it to me and
he has just spoken to Maurice McCabe."
Micheal Martin has said Garda Commissioner Noirin
O'Sullivan should "assess" her own position in light of the
controversy.
But Mr Martin has ruled out collapsing the Government
over the Tusla and whistleblower controversies, saying
doing could jeopardise the prospect of securing "answers."
Pressed by Presenter PJ Coogan over the matter, Mr
Martin said Commissioner O'Sullivan should "assess" this
matter herself.
stands."
Mr Martin said he would be putting it to the Dil that
Ministers Fitzgerald and Zappone should come before the
house and answer questions in relation to this,
Mr Martin plans to meet with Sergeant McCabe later today
for an update on the controversy and the treatment of
garda whistleblowers that has now rocked the
Government.
I found it incredible that the Cabinet itself took a decision
on the establishment of the (Judge) Charlton inquiry given
that this very pertinent issue of the Tusla file was known to
Minister Zappone, he said.
By this stage, the Tusla file had been discredited. Tusla
themselves had put their hands up, the HSE had put their
hands up Katherine Zappone had met Maurice McCabe
two weeks ago, he told the radio show.
There was no reason why Katherine Zappone could not
have briefed the Cabinet. I am simply saying that a false
file or a file that had no bearing (was known about) - there
is no reason why that shouldnt have been said to Cabinet.
Mr Martin said, in his opinion, the core issue was which
Government ministers were informed of specific details of
the Tusla file and the McCabe meeting.
I would refer people back to Katherine Zappone's first
statement on Friday which I think has been lost sight of,
he said.
We need a far more concrete explanation as to the
difference between her first statement and her second
statement on Friday.
Her first statement said she briefed relevant Cabinet
colleagues I think we need to find out what does that
mean? I dont buy the argument that it means, as the
subsequent statement tries to portray, that it simply meant
that I met Maurice McCabe.
I have some difficulties with that. Katherine Zappone was
not available for personal reasons all weekend to explain
this. It is an opportunity today for Katherine Zappone to
fully explain this.
The Fianna Fil leader was also scathing of the Sinn Fin
intervention to table a confidence motion.
(Pursuing ministers) to answer in the Dil, to be
accountable to Dil members - that would have been the
more intelligent and sincere thing to do in my view rather
than just slap down a motion of confidence which means
the entire week will just be on the confidence motion.
Ministers can be protected now from coming in (to be
questioned) and I hope that is not the case.
Fianna Fil will abstain on the Sinn Fin motion, warning
that there is no desire for an election.
I dont think the Irish people want a general election
every few months. But people are very, very angry about
the way in which a good and decent person (Maurice
McCabe) was treated.
2
2
Fianna Fail TD and barrister Jim O'Callaghan Photo: Tom Burke
Mr O'Callaghan said he contacted Ms Fitzgerald on the
phone.
They arranged to meet face-to-face in the members'
section Leinster House.
"I told her there was an issue around a Tusla file that was
going to be broadcast on RTE's Primetime on the
Thursday.
"I told her that in my opinion the terms of reference were
not sufficiently broad.
"We then had a discussion for about seven or eight
minutes about paragraph B of the terms of reference. And
the point I was making to her was that the terms of
reference in paragraph B was limited to communications
between Supt [Dave] Taylor and the broadcasting media.
"I said it needed to be broader than that. My thinking was
that it would cover Tusla and other things we do not
know."
"I spoke to the Tanaiste. I felt we were doing the
government and the Tanaiste a favour."
He said she was skeptical about this initially.
When asked by host Shane Coleman if he said this to Ms

Fitzgerald, Mr O'Callaghan said: "There is obviously
conflict here. I'm 100pc certain I did."
He added: "I remember saying to her 'Frances you need to
speak to Katherine Zappone as she met Sgt McCabe, she
has this information about the Tusla file."
"The important thing to say is that I mentioned it to her."
Later on RTE Radio One Mr O'Callaghan said he
mentioned Tusla "three or four times" to Ms Fitzgerald.
He repeated his claims that he told her about the report.
"I'm a hundred per cent that I did mention Tusla and I'm
also a hundred percent certain that I said to the Tanaiste,
and the words I used were - 'Frances, you need to speak to
Katherine Zappone because she has met Sgt McCabe and
she has full knowledge about this issue'."
When asked by host Sean O'Rourke about how many times
he believes he mentioned Tusla, he stated: "I said it 3 or 4
times, when we sat down I said there's an issue here,
Primetime are doing a programme tomorrow night about a
Tusla file, Michel Martin has just mentioned it to me and
he has just spoken to Maurice McCabe."
Micheal Martin has said Garda Commissioner Noirin
O'Sullivan should "assess" her own position in light of the
controversy.
But Mr Martin has ruled out collapsing the Government
over the Tusla and whistleblower controversies, saying
doing could jeopardise the prospect of securing "answers."
Pressed by Presenter PJ Coogan over the matter, Mr
Martin said Commissioner O'Sullivan should "assess" this
matter herself.
stands."
Mr Martin said he would be putting it to the Dil that
Ministers Fitzgerald and Zappone should come before the
house and answer questions in relation to this,
Mr Martin plans to meet with Sergeant McCabe later today
for an update on the controversy and the treatment of
garda whistleblowers that has now rocked the
Government.
I found it incredible that the Cabinet itself took a decision
on the establishment of the (Judge) Charlton inquiry given
that this very pertinent issue of the Tusla file was known to
Minister Zappone, he said.
By this stage, the Tusla file had been discredited. Tusla
themselves had put their hands up, the HSE had put their
hands up Katherine Zappone had met Maurice McCabe
two weeks ago, he told the radio show.
There was no reason why Katherine Zappone could not
have briefed the Cabinet. I am simply saying that a false
file or a file that had no bearing (was known about) - there
is no reason why that shouldnt have been said to Cabinet.
Mr Martin said, in his opinion, the core issue was which
Government ministers were informed of specific details of
the Tusla file and the McCabe meeting.
I would refer people back to Katherine Zappone's first
statement on Friday which I think has been lost sight of,
he said.
We need a far more concrete explanation as to the
difference between her first statement and her second
statement on Friday.
Her first statement said she briefed relevant Cabinet
colleagues I think we need to find out what does that
mean? I dont buy the argument that it means, as the
subsequent statement tries to portray, that it simply meant
that I met Maurice McCabe.
I have some difficulties with that. Katherine Zappone was
not available for personal reasons all weekend to explain
this. It is an opportunity today for Katherine Zappone to
fully explain this.
The Fianna Fil leader was also scathing of the Sinn Fin
intervention to table a confidence motion.
(Pursuing ministers) to answer in the Dil, to be
accountable to Dil members - that would have been the
more intelligent and sincere thing to do in my view rather
than just slap down a motion of confidence which means
the entire week will just be on the confidence motion.
Ministers can be protected now from coming in (to be
questioned) and I hope that is not the case.
Fianna Fil will abstain on the Sinn Fin motion, warning
that there is no desire for an election.
I dont think the Irish people want a general election
every few months. But people are very, very angry about
the way in which a good and decent person (Maurice
McCabe) was treated.
http://www.independent.ie/irish-news/politics/jim-
ocallaghan-100pc-told-tanaiste-about-tusla-file-before-
rte-show-35446501.html
Chaos as FF and
Fitzgerald at odds on
Tusla McCabe link
Disputed 'meeting' took place in the
Dil bar
Kevin Doyle Twitter

EMAIL
PUBLISHED
13/02/2017
3
Garda whistleblower Maurice McCabe, who is to get a full apology
over an untrue report that he allegedly raped a girl. Photo: Niall
Carson/PA Wire
The chaotic handling of the Garda
whistleblower scandal is threatening
political stability as Fianna Fil claims it
warned the Tnaiste of a Tusla link last
Wednesday.
As the crisis deepened further yesterday, Frances
Fitzgerald vehemently denied that Fianna Fil's justice
spokesman Jim O'Callaghan told her she needed to talk to
the Children's Minister before details of a bogus Tusla file
became public knowledge.
The Irish Independent has learned the disputed meeting
was informal and actually took place in the Dil bar at
5.30pm on Wednesday after Mr O'Callaghan contacted the
Justice Minister by phone.
Ms Fitzgerald said yesterday the first she knew about the
Tusla file, which wrongly alleged Sergeant Maurice
McCabe had molested a child, was when it was reported in
the media on Thursday night.
"Deputy O'Callaghan said to me that 'Prime Time' would
have a programme the following evening related the
establishment of the Commission [into the alleged smear
campaign against Sgt McCabe].
"At no point did he mention Tusla or any of the details that
emerged in the programme," Ms Fitzgerald said.
Under fire: Nirn OSullivan. Photo: Colin Keegan, Collins Dublin.
However, Fianna Fil was adamant he did mention Tusla
and suggested that Children's Minister Katherine Zappone
might have further information.
Fianna Fil leader Michel Martin said Mr O'Callaghan
spoke with Ms Fitzgerald on Wednesday "specifically to
broaden the terms of reference of the Charleton Inquiry to
take on board the Tusla file because we had been alerted to
it and I had spoken to Maurice McCabe on the
Wednesday".
Ms Zappone is due to arrive home from the United States
today amid much speculation about her position at
Cabinet.
A number of Fine Gael ministers told the Irish
Independent last night that they remain furious with Ms
Zappone for "creating this storm".
Fianna Fil leader Michel Martin plans to abstain in the vote.
Photo: Gareth Chaney Collins
The Independent Alliance is to demand that she provide a
detailed report at tomorrow's Cabinet meeting on the
sequences of events that have led to the current
controversy.
Minister John Halligan said he and his colleagues will
meet after Cabinet to decide if Ms Zappone's explanation
is adequate.
"We're being reasonable in this. We're going to see what
happens at Cabinet and look for a report from Minister
Zappone, the Taoiseach and the Tnaiste," he said.
Garda Commissioner Nirn O'Sullivan's position is also
expected to come back under the spotlight in the coming
days.
Despite the ongoing row, Fianna Fil plans to abstain on a
motion of no confidence in the Government on Thursday
because it sees it as a "political stunt" by Sinn Fin.
However, it is understood its confidence in Ms O'Sullivan
is weakening and while it will not seek her resignation, it
may yet call for her to consider her position. To date, the
party has steadfastly insisted that she should not be asked
to step aside while the Commission of Investigation takes
place.
Meanwhile, on RT's 'This Week' programme, Taoiseach
Enda Kenny said he would be open to the idea of a
criminal investigation into the smear campaign.
"In order to have a criminal investigation, you have to
evidence of criminality," said Mr Kenny.
"As the Charleton Inquiry gets under way, who knows
what may arise here.
"So, I don't rule that out."
http://www.independent.ie/irish-news/politics/chaos-as-
ff-and-fitzgerald-at-odds-on-tusla-mccabe-link-
35445660.html
FITZGERALD WONT SAY

WHETHER GARDA
COMMISSIONER WILL STEP
ASIDE DURING
WHISTLEBLOWER INQUIRY
TUESDAY, FEBRUARY 07, 2017
Update: 7.45pm.: An Garda Sochna has said it
welcomes and will co-operate fully with the Commission
chaired by Mr Justice Peter Charlton so that the truth
and facts are established.
Update: 3pm.: The Tnaiste and Justice Minister
Frances Fitzgerald has confirmed that a commission of
investigation into the Garda whistleblower claims will be
led by Supreme Court judge Peter Charlton.
Minister Fitzgerald confirmed she has accepted the
recommendations and terms of reference for the inquiry
in full as suggested by retired judge Iarfhlaith ONeill,
who carried out a scoping inquiry.
She has refused to say whether Garda Commissioner

Noirn OSullivan or any other senior officer will be asked
to step aside while the inquiry takes place.
The Tnaiste said she is restricted on what she can say
by the whistleblowers legislation.
These are allegations, there is no prima facie case
against anyone, she said today. What I will be doing is
laying before the house a draft order establishing the
commission of investigation.
The judge has recommended that this is the way
forward. I will be accepting his recommendations in full
and his terms of reference in full. I will be publishing the
parts of the report that Im in a position to publish
tomorrow.
Earlier: A full commission of investigation is to be set
up into allegations of a smear campaign against two
Garda whistleblowers.
The inquiry has been agreed following a report by a
retired High Court judge Iarfhlaith ONeill (pictured)
which was presented at Cabinet today.
It is understood that the report which hasnt been
published recommends further examination of the
claims.
Last October, the retired High Court judge was asked to
investigate claims from Superintendent David Taylor that
he and others had been told by senior Garda
management to orchestrate a campaign to undermine
whistleblower Superintendent Maurice McCabe and
others.
The claims, which Garda Commissioner Nirn OSullivan
and other senior managers have rejected, relate to
repeated leaks of rumours surrounding Sgt McCabes
personal and professional life, an issue Sgt Taylor said
he was asked to organise as then-head of the garda
press office.
In early December, Mr Justice O Neill provided a report
on the controversy to Ms Fitzgerald which is understood
to have recommended a commission of investigation be
set up to examine the matter further.
Fianna Fail justice spokesman Jim OCallaghan said:
Fianna Fail has been clear in saying that such an
investigation is needed.
We now look forward to Judge Peter Charleton working
towards a speedy conclusion to his investigation so that
we can get to the truth of these matters as soon as
possible.
Garda Commissioner Noirin OSullivan has insisted she
knew nothing about the alleged smear campaign.
Jonathan OBrien, Sinn Fein justice spokesman, said
Judge ONeills report is of enormous public interest
and called for a timeline for the inquiry.
Given the very serious allegations made against Garda
management by the whistleblowers and alleged
attempts to denigrate the name and reputation of
Maurice McCabe, there is a very serious sense of
urgency, he said.
http://www.carlow-
nationalist.ie/2017/02/07/government-to-launch-
commission-of-investigation-on-foot-of-garda-
whistleblower-report/
Mr Justice Peter Charleton is a judge of the High Court. ....

had facilitated Garda enquiries and 'relieved them of the
necessity 2013
http://www.pbni.org.uk/wp-
content/uploads/2015/02/IPJ-Vol-10-2013.pdf
So... how did O'Callaghan know about the file? And how did he know
that Katherine Zappone had met McCabe about it and had 'full
knowledge' of the issue? And if Micheal Martin instructed him to go to
Fitzgerald, does that mean Martin also knew about TUSLA? And if
Martin and O'Callaghan knew, how come Fitzgerald or Kenny didn't?
None of this makes sense.
Do I believe FG - NO
Do I believe FF NO
My impression of Fitzgerald is that she does not want to be told bad
things as she doesn't know what to do about them and doesn't want to
have to deal with them.
According to media reports yesterday she received over 10 letters from
another Garda whistleblower who has been treated the same as Mc Cabe
and has not responded to the letters or done anything about it.
Putting on that face of injured innocence in RTE interviews is what
Fitzgerald does best
I hope FF do pull the rug out from under FG. I hope there is an election,
resulting in neither of those two parties being in a position to Govern
our Country. Combined, they've brought the Country to its knees, in one
way or another.
Who to replace them with is another question, though....
We seriously need a new group of ethical politicians, who understand

that they are elected to serve the Irish people - not their own party
THE SHEEPLE LET THIS HAPPEN
we need to elect a sheep dog to keep them in line
I would love to put forward my Labrador as tea shock he would of
achieved more
He would of sniffed out deals wagged his tail and made less of a dogs
dinner
He would not of barked up the wrong tree and did a biggie in the EU
parliament
political parties trample over Maurice McCabe and his family's
sensibilities as they skirmish to score a few points over each other.
THE PEOPLE OF IRELAND, WE NEED TO STAND BY THIS MAN,
GARDA MAURICE MC CABE, AND WIFE CLARE AND HIS FAMILY,
HOW CAN THEY HAVE COVERED UP FOR TOO LONG, AND
CAUSED THIS MAN AND HIS FAMILY MENTAL TORTURE AND A
TOTAL OF HUMAN RIGHTS ABUSE< HOW LOW CAN YOU GET ,
THE COMMMISSIONER AND FG, FF, AND 1 IND ARE PYCOPATHS
AND ONE SICK MOTHER FUCKERS TO ABUSE THEIR POWERS
AND SET IN MOTION A SERIOUS OFFENCE CHARGE ON THIS
MAN UNDER FALSE ALLEGATIONS OF CHILD ABUSE WHO IN THE
RIGHT MIND COULD DO SUCH A CRIME, WELL HERE THEY ARE
THE HSE WHO WERE AWARE AND KNEW ABOUT THE
ALLEGATION AND SAID NOTHING, AND, TULSA A PRIVATE
QAUNGO COMPANY FROM SCOTLAND, WHO PAERPETRATED IN
AND COLLABERATED INTO CONSPIRACY, BY HELPING TO
ENGAGE AND FRAME MAURICE O CABE IN A COPY AND PASTE
SET UP FRAMING THE MAN AND HIS GOOD REPUTATION AND
DESTROYING HIS GOOD NAME AND FAMILY , I WOULD SAY
THATS ENOUGH TO CHARGE THEM, AND A WARRANT SHOULD
BE ISSUED TO THE TULSA BUILDING FOR EVERY DOCUMENT
AND FILE ON MAURICE MC CABE , BEFORE THEY ARE TOLD BY
FG AND FF TO SHRED THE EVIDENCE, NAMES WOULD BE FILED,
AND FG MINISTERS, AND GARDA COMMISIONERS ALL GUILTY AS
CHARGED, THEY LIED, THEY COVERED UP, THEY SHREDDED
SOME OF THE EVIDENCE BUT SOME SURVIVED, THEY ALSO
TRIED TO COVER UP A TREASON AND WHITE WASH THE CRIMES
THAT THEY COMMITED COMPLETELY, ACT NOW AND CALL ON
JUSTICE...WHAT JUSTICE HAS ANY WHISTLE BLOWER SEEN YET
BY THIS GOVERNMENT ZERO, NOW WE NEED TO GET BEHIND
HIM GARDA MAURICE MC CABE AND OTHER WHISTLE
BLOWERS, AS WE THE PEOPLE OF IRELAND HAVE YOUR BACK.
Tnaiste announces
judge-led Commission of
Investigation into 'garda
whistleblower smear
campaign'
Niall O'Connor Twitter

EMAIL
PUBLISHED
07/02/2017
1
Judge Iarflaith O'Neill
TANAISTE Frances Fitzgerald has
announced a judge-led Commission of
Investigation into allegations of a smear
campaign led by garda management against
whistleblowers.
/
But the Justice Minister twice refused to say whether
Garda Commissioner Nirn OSullivan will be asked to
step aside pending the outcome of the commission.
The commission will be led by Supreme Court judge Peter
Charleton, who will have powers to compel witnesses.
The move was recommended by retired High Court judge
Iarfhlaith ONeill, who recently conducted a scoping
exercise into claims that garda management sought to
discredit garda whistleblower Sergeant Maurice McCabe.
Judge ONeills probe focused on two protected disclosures
made to Government, one submitted by Sgt McCabe and
the other by Superintendent David Taylor.
Both officers are also understood to implicate
Commissioner OSullivans predecessor Martin Callinan.
Ms Fitzgerald said she will lay an order before the Dil
tomorrow which formally establish the new commission.
She told reporters that she has already accepted the
recommendations and conclusions by Judge ONeill, as
well as a proposed terms of reference for the commission.
Ms Fitzgerald briefed both Cabinet and Fianna Fil on the
developments today.
Speaking in Dublin, Ms Fitzgerald refused to say whether
any members of garda management would step aside
pending the completion of the investigation.
In terms of your question, let me say to you that these are
allegations. There is no prima facie case against anyone. I
will be laying before the house a draft order establishing
the commission of investigation. The judge has
recommended that this is the way forward, she said.
Clearly then tomorrow when the terms of reference are
publish, clearly then it will become obvious the scale of
this commission, she added.
http://www.independent.ie/irish-news/politics/tnaiste-announces-
judgeled-commission-of-investigation-into-garda-whistleblower-smear-
campaign-35430881.html
Judge to probe former
PAC chairman's claim of
'meeting with Callinan in
car park'
Niall O'Connor Twitter

EMAIL
PUBLISHED
09/02/2017
2
John McGuinness. Photo: Tom Burke
A secret meeting that allegedly took place
between former garda commissioner Martin
Callinan and Fianna Fil TD John
McGuinness will be probed by the judge-led
commission.
/
Mr McGuinness said he met Mr Callinan at the garda
chief's request on January 24, 2014, in a hotel car park just
off the Naas Road. The alleged meeting took place just
days before Sergeant Maurice McCabe was due to appear
before the Public Accounts Committee.
The then-PAC chairman claimed in the Dil that Mr
Callinan told him Sgt McCabe "could not be trusted".
Mr McGuinness was later criticised for remaining tight-
lipped on the alleged meeting for a lengthy period.
Serving Garda Commissioner Nirn O'Sullivan has since
claimed through her spokesman that she was not aware of
the meeting between the two men.
Judge Peter Charleton will examine whether such a
meeting took place and the circumstances around it.
He will also try to establish what was discussed at the
meeting.
Speaking to the Irish Independent last night, Mr
McGuinness - now the chairman of the finance committee
- said: "I welcome the investigation. I look forward to
Judge Charleton getting to the truth of this matter."
http://www.independent.ie/irish-news/politics/judge-to-probe-
former-pac-chairmans-claim-of-meeting-with-callinan-in-car-park-
35436395.html
It Will be another snared

investigation to cover up he was
selected, FG Selected Judge
Cabinet chooses High Court

judge Peter Charleton for
Supreme Court post
Tue, Jun 17, 2014, 19:03
Ruadhn Mac Cormaic
Mr Justice Peter Charleton: appointed to the Supreme Court. File Photograph:
Dara Mac Dnaill/The Irish Times
The Government has nominated High Court judge Peter
Charleton to fill the Supreme Court vacancy created by
the retirement last month of Mr Justice Nial Fennelly.
A member of the High Court bench since 2006, Mr
Justice Charleton has been assigned to commercial cases
for the past four years and has written extensively on
criminal law.
He also has experience in judicial review and personal
injury cases, is an ad hoc judge of the European Court of
Human Rights and has been supervisor of the Judicial
Researchers Office since 2011.
Mr Justice Fennelly retired last month, having served on
the Supreme Court since 2000, and has been appointed
by Government to lead the commission of inquiry into
the taping of telephone calls at Garda stations.
Educated at Trinity College Dublin and Kings Inns, Mr
Justice Charleton was called to the Bar in 1979 and took
silk in 1995. He is the author of a number books on
criminal law and has also published on family and
constitutional law, copyright, extradition and judicial
review. One of the countrys leading barristers before his
appointment as a judge, he worked as counsel for the
Morris tribunal into allegations of corruption in the
Donegal division of An Garda Sochna.
Mr Justice Charleton has lectured at Kings Inns, Trinity
College Dublin, Fordham University in New York and
Beijing University of Political Science and Law. He is
also chairman of the National Archives advisory council.
The appointment leaves a vacancy on the High Court,
which is expected to be further depleted when nine
judges are appointed to the new Court of Appeal later
this year.
Later this month, the Judicial Appointments Advisory
Board will meet to consider applications to fill the High
Court vacancy left by the retirement earlier this month of
Mr Justice Iarfhlaith ONeill. It may now use the same
panel of applicants to choose a replacement for Mr
Justice Charleton.
Two more High Court judges - Mr Justice Barry White
and Mr Justice Daniel Herbert - are due to retire before
October.
The advisory board receives applications for judicial
posts and sends Government a list of candidates who
meet a set of minimum criteria. However, the board does
not rank candidates by merit and the Government is not
required to choose from its list, giving ministers wide
discretion. Serving judges are not required to apply
through the JAAB.
http://www.irishtimes.com/news/crime-and-law/cabinet-chooses-high-
court-judge-peter-charleton-for-supreme-court-post-1.1835768
Nirn OSullivan rejects

calls to step aside: false
accusations do not make me
guilty of anything
Commissioner: I was not part of any campaign to spread
rumours about Sgt McCabe
February 13, 17
Garda Commissioner Noirin OSullivan is facing calls to step down from her
position. Photograph: Dara Mac Dnaill
Garda commissioner Nirn OSullivan has said she will
not be standing down while a commission of inquiry
examines allegations over the treatment of Garda
whistleblower Sgt Maurice McCabe.
http://www.irishtimes.com/news/politics/nir%C3%ADn-o-sullivan-
rejects-calls-to-step-aside-false-accusations-do-not-make-me-guilty-of-
anything-1.2973567?mode=sample&auth-failed=1&pw-origin=http%3A
%2F%2Fwww.irishtimes.com%2Fnews%2Fpolitics%2Fn
%25C3%25B3ir%25C3%25ADn-o-sullivan-rejects-calls-to-step-aside-
false-accusations-do-not-make-me-guilty-of-anything-1.2973567
OSullivan is a liar and should not be allowed to decide herself whether

she stays or goes.
She and 2 senior officers attempted to destroy McCabes reputation at
the OHiggins commission and would have succeed in that had McCabe
not recorded the conversation he had with those officers.
http://www.irishexaminer.com/ireland/garda-commissioner-claimed-
maurice-mccabe-was-motivated-by-malice-399303.html
OSullivan remains in position because our establishment political class

of FF and FG always supports its enforcers as long as its politically
possible to do so.
Now the Government has to support the Commissioner fully |
(regardless of what she and he predecessor did) and to stitch it back to
FF.
Its all about politics, not probity and principle.
Callinan was acting on political instructions what was done to Sergeant
McCabe. Commissioner OSullivan (former Assistant Commissioner\)
helped Callinan.
We are dealing with pure political policing.
January 2006: Sgt Maurice McCabe makes a complaint in relation to
an incident where a garda had consumed alcohol before attending the
scene of a suicide. This resulted in a sanction being imposed on that
colleague. December 2006: The colleague, about whom Sgt McCabe
made the complaint, makes a complaint about Sgt McCabe on behalf of
the colleagues daughter. The daughter subsequently makes a statement
in which she alleges that, about ten years previously, when she was
around six years old she had been playing hide and seek with Maurice
McCabe and his two eldest children at their home.
Absolutely shocking stuff.
plus the fact she put her husband in charge of the case where she is
blackening people names is pure irish
THIS IS THE HAND PICKED JUSDE FG SELECTED in 2012 HE IS NOT
JUDGE A JUDGE HE WORKS FOR EU TOO, HE IS A CORRUPT JUDGE
Michael Martin said he "100% supports Sgt. Maurice
McCabe"... But #FiannaFail is going to Abstain from a vote
of "No Confidence" in the Government to protected
Miriam's BRO getting involved now :-(
Jim O'Callaghan '100pc' told Tanaiste about Tusla

file before RTE show
Fianna Fil justice spokesperson Jim O'Callaghan has claimed he is
certain he mentioned the Tusla file on garda whistelblower Maurice
McCabe to Justice
INDEPENDENT.IE
Leo Varadkar has urged party colleagues "not to panic" as
he flies home from Colombia to help the Government
survive the no-confidence motion.
The Social Protection Minister had to ask permission from
President Michael D Higgins to cut short his participation
in the historic visit.
It comes as Fine Gael sources told the Irish Independent
TDs are "freaking out" at the Taoiseach and Tnaiste's
handling of the Garda whistleblower crisis.
'Don't panic or to be seen to panic' - Varadkar's

message to party colleagues as he cuts short
Colombia trip
Leo Varadkar has urged party colleagues "not to panic" as he flies
home from Colombia to help the Government survive the no-
confidence motion.
INDEPENDENT.IE
Don't panic MR MANNERING

Kenny to set up probe into garda sex abuse claims
Taoiseach Enda Kenny is expected to order an investigation into
allegations that a young woman was sexually abused by a serving
garda.
INDEPENDENT.IE
Kenny to set up probe
into garda sex abuse
claims
Paul Williams
PUBLISHED
03/05/2014
1
Taoiseach Enda Kenny
Taoiseach Enda Kenny is expected to order
an investigation into allegations that a
young woman was sexually abused by a
serving garda.
The woman's claims were passed to Mr Kenny by Fianna
Fail leader Micheal Martin who met her in his Dail office
earlier this week.
Last month the Irish Independent revealed how the 22-
year-old woman claims that her allegations were not
properly investigated by gardai and that the incident was
then covered up. It has also emerged that the complaint
was never recorded on the garda Pulse system.
The woman had an hour-long meeting with the Fianna
Fail leader on Wednesday when she asked him to include
her case in a dossier Mr Martin handed over to the
Taoiseach in February.
Meeting
A spokesman for Mr Martin confirmed the meeting had
taken place. "The woman concerned has made serious
allegations about the incident when she met with Mr
Martin," he said.
"He listened closely to what she had to say and he took her
allegations very seriously and he has written to the
Taoiseach."
Mr Kenny acknowledged receipt of the information from
the Fianna Fail leader yesterday.
The woman claims that her allegations were not properly
investigated by gardai because the officer in charge of the
inquiry worked with her alleged attacker and her father,
who is also a serving garda.
It is understood that she is also due to meet with
investigators from the Garda Siochana Ombudsman
Commission and with a solicitor with a view to
commencing a civil action against the garda concerned.
"I was delighted to meet with Mr Martin and he listened
closely to what I had to say," the woman told the Irish
Independent.
"I told him that my case had not been investigated
properly and gave him the details of the garda involved
and how I believed it had not been conducted properly,"
she added.
The woman first made the allegations against the garda in
2006 when she was 14 the abuse allegedly took place
when she was six.
The officer concerned worked with her father and the
allegations were investigated by a senior officer who
worked with her father and the alleged attacker.
A file was sent to the DPP who decided the officer did not
have a case to answer.
The woman came forward as a result of the whistleblower
controversy and allegations of systemic malpractice in the
investigation of serious crimes, including sex abuse cases.
"I think Mr Martin could see the seriousness of this when I
laid out the facts to him.
"I told him that it is my belief that the case was swept
under the carpet and covered up and he was very
concerned at that."
http://www.independent.ie/irish-news/kenny-to-set-up-probe-into-
garda-sex-abuse-claims-30240616.html
Liars Scammers and Thieves [Sez it all] please share

Did you ever wonder why people voted for liars scammers and
thieves?
Rigged elections treasonous traitors sold out our land and seas The
Judges and Gardai Civil Servants they party sure they know all the
scamsMoney deposited sanitized and laundered in Panama and the
Isle of Man
Liars scammers and this my friends Liars scammers and thieves
Now its hard to believe the bribes and payouts to liars scammers
and thieves
While the poor and homeless are living in bags out on my Dublin
Streets
People go to jail for refusing to pay for the propaganda machine
Presenters and DJs salaries and perks while people die on the
streets
Ireland is crying her children are dying evicted and show the road
The indignity of laying on hospital a trolley ashamed they stare at
the floor
The doctors nurses distressed by the cut backs the lies deceit greed
Not reported by media who lie and deceive you for Liars scammers
and Thieves
In a land of abundance beauty and wonder you wonder how this
could be.
The child rapes murders abuse and cut backs cover ups by crooked
TDs
Billions stolen assets sold and shifted to accounts overseas
Massive corruption abounds drunken clowns liars scammers and
thieves
Taxes and NAMA they try to scam ya so we gathered and fought for
our rights
Pepper sprays and batons but we stood our ground ready for the
thugs to fight
Disband the Gardai the Courts and the Army reclaim our country
Two bit gangsters dont have the answers they are Liars scammers
and thieves
Everybody knows the EUs a disaster full of parasites scammers and
thieves
Corrupted power junkies corrupt feckin monkeys bribes are
subsides
They have betrayed the ideals of the men of sixteen its so hard to
believe
Stop all the payouts pensions n perks for the liars scammers and
thieves
Second Garda whistleblower referred

to Tusla
Michael Clifford
A garda who made complaints of malpractice says he has
been subject to intimidation and harassment, including
having a minor incident between him and his wife referred
to Tusla,
Details of another whistleblower's case have been known

to the justice minister for six months and the Garda
commissioner for at least a year.
John is a Garda whistleblower whose identity is not being

made known here because of the involvement of his
children in the following narrative.
The details of his case have been known to Justice Minister
Frances Fitzgerald for the last six months and the Garda
Commissioner Nirn OSullivan for at least a year.
He says he has been subject to different forms of
intimidation and harassment since he made complaints of
malpractice. His partner is referred to here as Jane. They
have young children.
On October 5, 2013, Jane was invited to attend her local
Garda station. There had been an incident between her
and John some weeks previously. There was no physical
violence involved in the incident. A garda had been called
to the scene, but the call was not made by either John or
Jane.
At the station, she was interviewed for eight hours. Jane
says she was put under pressure to sign a statement. She
claims there was a threat that if she didnt there may be
repercussions for her and her children.
Five days later, a senior officer completed a Notification of
Suspected Child Abuse in relation to the couples children
to be dispatched to Tusla. The suspected abuse was of an
emotional nature, allegedly perpetrated on one of the
children through being present during argument between
mother and partner, according to the notification.
On October 16, a letter from Tusla stated that the
notification was received. However as there is no
evidence of abuse detailed no further action will be taken
from this service until we receive more information.
No further information was received to the best of John
and Janes knowledge. Some time after that, Jane
contacted the garda and withdrew the statement she had
made.
Jane claims that when she retracted the statement, she
was told by a garda she should think hard about doing so
as another couple in a similar situation where a statement
had been made and withdrawn subsequently had the
social services knocking on their door.
McCabe claims
On February 2, 2014, the couple received another letter
from Tusla, inviting them to a meeting on the basis of the
information that had been received the previous October.
The couple attended the meeting with two Tusla
employees where it was agreed that the argument that
the couple had had was the type not unfamiliar to couples
in general. There, the couple thought, the matter rested.
Later that evening, Jane says she received a phone call
from one of the Tusla employees who the couple had met.
This woman stated she had been informed by her superior
that a home call would now be required.
According to Jane, the Tusla employee stated that this new
instruction came about after a garda had rang her
superior. This was a different outcome from that agreed
earlier at the meeting.
The Tusla employee attended the house the next day and
interviewed the children. The meeting was cordial and
without rancour. The Tusla employee then compiled a
report on the whole case, the final paragraph of which
read: It is important to note that given the nature of the
referral[the agency] made a decision that it was not in
the childrens best interests to bring up the issue in the
family home which led to the referral.
"This is based on the fact that the incident occurred in
September 2013 and on [John] and [Janes] explanation on
what happened in the context of the incident. It is likely
[childs name] may not remember the incident and even if
she did the revisiting of a one off incident would not be
beneficial to her and places unnecessary emphasis on
what occurred.
The couple had been put through four months of stress
and worry over what both regarded as a minor incident.
The extent to which Tusla investigated the original referral
appears to lack any proportionality to the incident.
John and Jane are both of the belief that the whole affair is
linked to the complaints of malpractice he has made.
Neither Tusla nor the garda will comment on individual
cases for reasons of confidentiality.
READ MORE: Criminal investigation into
whistleblower smear campaign a possibility
Meanwhile, the Garda commissioner has been aware of
this case and the allegations borne by John and Jane for at
least a year.
The Minister for Justice has been aware of these details
since last October. The garda or his representative have
sent at least 13 letters to the minister outlining what John
says he has been subjected to. Last week, a solicitor
acting for the couple wrote to the Minister for Children
with the details.
The manner of the intervention of Tusla in our clients
family life is a cause of concern and is by any measure an
inexcusable abuse of their position. Their intervention
caused our client untold stress, distress and anguish.
The couple is seeking to have a number of questions
answered:
Who directed that Tusla be contacted querying the safety
of the couples children, which subsequently warranted an
investigation?
Who directed the Tusla employee to meet with the couple
over four months after the matter appeared closed on the
basis that there was no evidence?
What new evidence prompted this meeting, in February
2014, to be requested?
What prompted Tusla to carry out a home visit and
interview the children following the couples interview with
Tusla?
Labour party TD Alan Kelly, who has been made aware of
this case in recent days, told the Irish Examiner he finds it
incredible that Ms Fitzgerald didnt join up the dots after
she was contacted by Minisiter Katherine Zappone about
the McCabe case, which also involved Tusla.
Minister Fitzgerald had in her possession letters from a
second whistleblower from October last year which
outlined similar cause for concern about how Tusla had
treated him. We now have two cases of whistle-blowers
and Tusla, yet the minister was incapable of joining up the
dots. Thats either negligence or more probably
incompetence.
Interim Report of theJoint Commitee

on Justice, Equality, Defence
and Women's Rights on the Garda
investigation of the shooting of Mr.
John Carthy at Abbeylara on 20th
April, 2000
The Secretary General

Department of Justice, Equality and Law Reform
72/76 St. Stephen's Green
Dublin 2.
Re: Investigation into the circumstances surrounding

the events at Toneymore, Abbeylara, Co. Longford on
Wednesday / Thursday, 19th / 20th April, 2000 which
resulted in the death of John Carthy, 27 years.
On learning of the fatal shooting of Mr. John Carthy at
Toneymore, Abbeylara, Co. Longford on Thursday, 20th April,
2000 I appointed Chief Superintendent Adrian Culligan,
Anglesea Garda Station, Cork City Division to investigate all
the circumstances surrounding the events at Toneymore,
Abbeylara on Wednesday / Thursday, 19th / 20th April, 2000
which resulted in the death of Mr. John Carthy. In particular
the following aspects were to be addressed :
8 A file was to be prepared for submission to the Director
of Public Prosecutions including recommendations, or
otherwise, as to whether criminal charges should be preferred.
8 All necessary documents were to be prepared for the
Coroner.
8 The effectiveness, or otherwise, of the Garda operation
was to be assessed.
Chief Superintendent Culligan and his investigation team from
Cork commenced his investigation on 21stApril, 2000 and
submitted his report to me on Wednesday, 28thJune, 2000.
Hereunder is an outline of his report:
At 5.25pm on the 19th April, 2000 the Garda at Granard, in
whose administration area Toneymore, Abbeylara is situated,
received a phone message from Rose Carthy, mother of John,
seeking Garda assistance. It appears that around 3.40pm John
Carthy had taken his legally held shotgun from a locker in their
home, loaded it and fired two shots from the front door. His
mother being afraid that he would harm himself alleges she
left the house after he had fired the first shot and went to her
sister's home, some 100 yards away. The investigation will
show that in fact she remained in the house for over an hour
during which period a further two shots were discharged.
1.2. In response to this call, two (2) Garda went to the
location in a marked Garda patrol car. One (1) of the Garda
members was wearing a civilian jacket and flak jacket over his
uniform shirt and was armed. The other member was in
uniform. On entering the property they heard two (2) shots
being discharged. They retreated and awaited further armed
back-up. On the arrival of this response, two Garda in an
unmarked Garda car, drove into the driveway, parked and
made their way to the front door. At this point they heard
breaking glass and the discharge of a further shot. They
became concerned for their personal safety and had to seek
cover. Reinforcements were made available, surrounding the
house at Toneymore, with an inner and outer cordon. Initial
negotiations were commenced by local Garda in an effort to
entice John Carthy from the house, with negative results. Over
the course of the siege, he discharged 30 shots in all, some
fired indiscriminately and others directed at Garda in the
immediate area.
1.3 Protracted negotiation over a 25 hour period, by Garda
Negotiators and civilians, failed to entice Carthy from his
home. At 5.45pm, on 20th April, 2000, John Carthy suddenly
exited the house, carrying a shotgun, despite many
exhortations by Garda to put the weapon down, he failed to
do so. At this stage the lives of Garda were deemed to be at
risk and John Carthy was fatally wounded.
2. LOCATION2.1. John Carthy lived with his widowed mother,
Rose, in the townland of Toneymore, Abbeylara, Co. Longford
in an old labourers cottage. It is situated on a minor road that
leads from Abbeylara to Ballywillian and is approximately 2
miles north of Granard, Co. Longford. A new bungalow, built
by Longford Council, for the Carthy family, is situated on land
provided by the Carthys. At the time of this incident it was
unoccupied. Since the incident the cottage has been
demolished.
3. BACKGROUND OF JOHN CARTHY3.1. John Carthy was
born on 9th October 1972 to John Carthy, Snr., and his wife,
Rose, who married in August 1972. They had two children,
John and Marie. His father died in 1990, aged 72 years. John
lived at home with his widowed mother in Abbeylara, in what
can only be described as very poor circumstances.
3.2. He attended primary School in Abbeylara and from there
went to the Vocational School in Granard where he sat his
Intermediate Certificate and continuing to Leaving Certificate.
In 1991 he repeated his Leaving Certificate at the Convent in
Granard. After 2nd level he attended Warrenstown Agricultural
College, Co. Meath to study Horticulture. He remained there
for over a year before returning home suffering from
depression. He was seen by his General Practitioner, Dr. Cullen
and was admitted to St. Loman's Psychiatric Hospital,
Mullingar on the 25th March, 1992.
This was to be his first of four admissions to Hospital, all on a
voluntary basis. Medical History is dealt with at Paragraph 6.
3.3. He subsequently secured work at a Garden Centre in
Abbeylara and afterwards at the bakery of "Pat the Baker" in
Granard during 1993. After this he sought employment in the
building trade, both as a labourer and plasterer, in Longford,
Granard and Galway.
3.4. He had a sporting interest in Clay Pigeon Shooting, but
appeared not to have been very active. He showed little
interest in field sport activities. His alleged prowess as a
handballer, is overstated.
3.5. His main social outlet was, drinking, which caused
difficulty between himself and his mother. Drinking while on
medication resulted in mood swings.
4. RELATIONSHIP4.1. John Carthy appeared to be
introverted and was a poor mixer. However, on 21st January
2000, he formed a relationship with a Kathleen McNamara,
Galway City and Westport, Co. Mayo. This relationship lasted
only a number of weeks due to his mood swings. It ended
acrimoniously and he subsequently wrote two letters to her.
4.2. In his first letter to her, dated 26th February, 2000, he is
deeply apologetic for the upset and annoyance he has caused
her and explains that because he gets "elated" from time to
time it has prevented him getting deeply involved with anyone
until he met her. He states that she is the first he has told
about his problem. He explains his "high" to her,
"everything must be instant", "makes him impatient
and argumentative" and has "racing thoughts" which he
says "causes a lot of frustration and upset to loved
ones". He states that, the way he has been acting
irrationally over the last couple of weeks has not
happened for over 5 years. He speaks of his love for her
and looks for a second chance to meet.
4.3 His second letter to her, in March 2000, has a different
tone and he questions her regarding the "Fortune Teller" and
demands an explanation as to why she was not seeing him.
4.4. His written declaration of current actions, which had not

happened for 5 years, is very significant.
5. JOHN CARTHY'S FINANCIAL SITUATION5.1. In

settlement of a personal injury accident claim John received
18,800. He lodged this sum with the Bank of Ireland in
Longford on the 11th September, 1998. During the following
ten (10) months he had disposed of this money in total. This
investigation found he had a gambling habit.
6. MEDICAL HISTORY6.1. John Carthy had as his General
Practitioner, Dr. Pat Cullen, Lakeview House, Coole, Co.
Westmeath since 1988. He first treated John for depression
which resulted in him been admitted to St. Loman's Psychiatric
Hospital, Mullingar, for a period from 25th March,1992 to 6th
April, 1992 as a voluntary patient. On admission he stated that
he had been depressed for three (3) months previously and
described suicidal ideation and had, at times, a death wish.
The diagnosis was of an endogenous depressed illness. He was
treated with "Gamanil" and "Xanax". On his being discharged
he attended Dr. Cullen monthly for the subsequent three (3)
months.
6.2. In March 1993 he again attended Dr. Cullen in relation to
an accident at work which resulted in visits over the next two
months. The doctor felt the injury was stress related and he
re-admitted John for the second time to St. Loman's, Mullingar
on the 19th July, 1993 remaining there until 4th August, 1993
as a voluntary patient. Eight (8) days later, on 12th August,
1993, he was re-admitted for the third time and remained until
30th August 1993.
He was prescribed "Gamanil" and "Melleril". He was therefore,
excluding one week, hospitalised from 19th July, 1993 to 30th
August, 1993.
6.3. He seems to have coped with his depression until 18th
January, 1995 when he was again re-admitted for the fourth
time to St. Loman's remaining until 14th February, 1995. Dr.
Cullen continued the medication as prescribed during his time
in St. Loman's.
6.4 On the 4th April, 1995 he again visited Dr. Cullen and
requested that he would be referred to Dr. David Shanley,
Consultant Psychiatrist, St. Patrick's Hospital in Dublin. On the
11th April, 1995 Dr. Shanley saw John and prescribed
"Lithium".
6.5. From May 1995 to December 1996 he attended Dr. Cullen
monthly for prescriptions and intermittent blood tests. The
"Lithium" readings were within normal range in these tests. He
also attended Dr. Shanley every two months during 1995. He
failed to keep an appointment with Doctor Shanley on 1st
December, 1995.
6.6. In February 1997 John attended Dr. Cullen after been
involved in a road traffic accident. He was referred to Dr. McGill
in Mullingar Hospital in connection with that accident.
6.7. On 2nd April, 1997 John Carthy returned to Dr. Shanley's
care. He attended the doctor on five (5) occasions between 2 nd
May, 1997 and 9th January, 1998. These visits mainly
concerned John having nightmares. He continued to see Dr.
Shanley, approximately every 8 weeks during 1998.
6.8. On the 5th August, 1998 he was prescribed his medication
by Dr. Cullen. However, he returned again on 10th August,
1998, stating he was "high" as he had been drinking all
weekend.
6.9. On the 13th August, 1998 he again attended Dr. Cullen
with a pain in his hip and on the 25th September, 1998 he
attended Dr. Cullen after allegedly having been assaulted in
the Garda Station in Granard. He was referred to Mullingar
Hospital for x-ray. This is further expanded at Paragraph 11.5.
6.10. When John Carthy attended Dr. Shanley on 8th October,
1998 there was no evidence of depression or elation. He
returned on 30th November, 1998 when he was considered to
be clinically depressed.
6.11. From the 26th December, 1998 to 5th January, 1999 he
was a patient at University College Hospital, Galway, again
suffering from depression. He was re-admitted there on the
11th January, 1999 until 13th January, 1999 under the care of
Professor Fahy.
6.12. He was seen again by Dr. Shanley on four (4) occasions
between the 29th January, 1999 and the 11th June,1999.
6.13. On the 17th February, 2000 he attended Dr. Meagher,
Coole, Co. Westmeath, who is in practice with John's G.P. Dr.
Cullen, seeking a Medical Certificate stating that he was
suffering from depression.
6.14. On the 29th February, 2000, when he attended Dr. Cullen
he was "high" and his dosage of Stelazine was increased, it
was reduced again on 10th March, 2000. That was John's final
visit to the Doctor.
6.15. John Carthy had been on continuous medication for
manic depression since 1992. He was prescribed the following
drugs, which were mostly dispensed at McEvoy's Medical Hall,
Granard (Camolit, Prothiaden, Stelazine, Melleril, Lithium,
Pinamox, Zimavone, Distalgesic).
6.16. On the day before the siege, 18th April, 2000, he had
been dispensed at Stenson's Pharmacy, Shopping Mall,
Longford the following medication : Lithium (120 tablets),
Prothiaden (30 tablets) and Stelazine (30 tablets). These
tablets and containers are not listed among the drugs found in
his home during the forensic examination, after the siege.
7. JOHN CARTHY'S FIREARM7.1. John Carthy was the
holder of a legally held firearm, a Baikal make, double barrel
shotgun, serial number 9013898, purchased from Reynolds
Ballinalee, Co. Longford, a licensed firearms dealer, at the time
of licensing.
7.2. At this time he was 20 years old and had a keen interest
in guns, was a member of the Abbeylara Gun Club, but not an
active participant. He ceased to be a member of this Club in
1994 having failed to renew his annual subscription.
7.3. His Firearm Certificate was renewed annually from 1992
up to and including the current year.
7.4. There is a mention of a second gun, however this
investigation is satisfied that the only weapon available to
Carthy is the one as described.
8. THREATS8.1. During the Summer of 1998 a number of
people in the Abbeylara area expressed concern about Carthy's
suitability to hold a firearm.
8.2. Patrick (Pakie) McCormack, a local retired farmer, said
that on one occasion John was in the Handball Alley in
Abbeylara Village. Some local children were playing there.
John was of the opinion that no one would play handball with
him. McCormack recalls John saying that he was going to bring
the gun down and shoot all in the Handball Alley.
8.3. John Gilligan, a local farmer and was the P.R.O. of the
Handball Club, was made aware of these remarks from
McCormack. Gilligan became concerned about this alleged
threat and made the Garda at Granard aware of it.
8.4. Evelyn McLoughlin, local housewife and wife of Brendan
McLoughlin, plasterer, also became aware of these threats. At
this time Evelyn's husband, Brendan, had an ongoing dispute
with John, having received a letter from Mr. Mark Connellan,
solicitor, alleging unfair dismissal. Brendan McLoughlin had
employed John Carthy as a builder's labourer but he had
terminated his employment following a trivial argument. This
dispute, coupled with the threats made at the Handball Alley,
made Evelyn McLoughlin very concerned that John may use
the firearm. She contacted the Garda at Granard Garda
Station and expressed her fears to them.
9. CONFISCATION OF FIREARM9.1. On or about the 10th
August, 1998 Garda Oliver Cassidy of Granard Station called to
John Carthy's house. Following a discussion with Carthy, Garda
Cassidy took possession of Carthy's firearm, while continuing
his enquiries into the alleged threats. Despite all enquiries, no
written complaints were made to Gardai.
9.2. John Carthy called to Granard Garda Station on several
occasions to seek the return of his firearm and spoke to the
then District Officer, now retired Superintendent Denis
Cullinane.
9.3. Carthy was informed of the verbal allegations made
against him. His medical condition was also discussed. He
denied that he had threatened anyone with the firearm. He
informed the Superintendent that his depression was now
under control. Subsequently the Superintendent received a
letter, dated 13th October, 1998 from Mr. David Shanley,
Consultant Psychiatrist, St. Patricks Hospital, Dublin.
9.4. In his letter Mr. Shanley stated, how he had recently seen
John Carthy and it was his opinion John was now a fit person
to hold a firearm. He also stated that if John's condition
changed, his local General Practitioner would contact the
Superintendent in Granard. However, this commitment by Dr.
Shanley was never fulfilled, even though Carthy's mental
condition had changed, when examined during five
consultations between 30th November, 1998 and 11th
June,1999.
9.5. Having received letters from Dr. Shanley and Mrs Rose
Carthy, in which they expressed no concern in relation to John
having possession of a firearm the Superintendent then took
the view that in the absence of written complaints as to
threats, he had no legal justification in retaining the firearm
and consequently had it returned on the 13th November, 1998.
Subsequent to the date of return, two further threats were
made - one on Saturday, 15th April, 2000 and one on Tuesday,
18th April, 2000. These are dealt with at Paragraph 15.1 &
15.15.
9.6. There is a provision in the Firearms Act, 1925 at Section
5(b) for a Superintendent to revoke a Firearm Certificate when
he is satisfied that the holder of such Certificate 'is a person
who cannot, without danger to the public safety or to the
peace, be permitted to have a firearm in his possession'.
10. AMMUNITION10.1. Extensive enquiries carried out with
all Firearms Dealers in the Longford/Westmeath area have
shown that the last, and only, record of Carthy purchasing
ammunition was in 1998 in Dennistons & Co., Centenary
Square, Longford when he purchased two boxes of cartridges
which contained a total of fifty rounds. The ammunition boxes
found in Carthy's home have been identified as coming from
Dennistons.
11. GOAT MASCOT11.1. In late 1998 when Abbeylara G.A.A.
Club, Co. Longford, reached the County Final, local Publican,
William Crawford, had a mascot, resembling a goat, conveyed
to Abbeylara and bedecked in the Abbeylara G.A.A. colours
and positioned on the village green.
11.2. Criminal Damage to MascotThree nights after the
County Final the mascot was set on fire and extensively
damaged. The trustee of the mascot, William Crawford, was
informed by a local youth that John Carthy was responsible for
the damage. The Garda were subsequently informed of this
information by William Crawford.
11.3. Arrest of John Carthy Granard - 1998The burning
was investigated by Garda Turlough Bruen of Granard Garda
Station and, following a personal call to John Carthy's house
by him on the 24th September, 1998, he arrived, by
arrangement, to Granard Garda Station, at 7.30pm on that
date. There he was arrested, for the arrestable offence of
criminal damage to the mascot and was detained pursuant to
the provisions of Section 4 Criminal Justice Act 1984 by Garda
Frank Bohan for the proper investigation of the crime. During
John Carthy's detention he denied any involvement in the
crime when interviewed by Gardai Bruen and McHugh. He was
detained from 7.36pm to 10.35pm on the 24th September,
1998 (three hours). When he was released without charge he
signed the Custody Record acknowledging he had no
complaints.
11.4. On release from Granard Garda Station, John Carthy
contacted Bernard Reilly, a friend of his from Abbeylara, who
conveyed him home. In conversation with Bernard Reilly he
said how Garda had treated him roughly at the Station. No
visible injuries were apparent to Mr. Reilly. Other persons later
became aware of the alleged mistreatment of John Carthy
during his arrest.
11.5. Following his release from Granard Garda Station he
attended Dr. Cullen the following day alleging he had been
assaulted in Granard Garda Station and complaining of pain in
his neck. Dr. Cullen referred him to the Casualty Department
at Mullingar Hospital. He attended there on the 25th September
1998 and underwent an x-ray which revealed no injuries. The
doctor did not find evidence of assault.
11.6. Following this arrest he was taunted by locals in relation
to the burning of the goat. This continued to the weekend
before the siege and caused him a lot of concern and he
expressed animosity towards the Garda.
11.7. There is no evidence to suggest that John Carthy was
assaulted in Granard Garda Station nor was a complaint made
to the Garda Sochna Complaints Board.
11.8. This investigation is satisfied that John Carthy was not
responsible for the burning of the goat.
11.9. Apart from this incident, the confiscation of his shotgun
in 1998 and his arrest in Galway in February, 2000, the Garda
had no other interaction with John Carthy.
12. JOHN CARTHY'S TIME IN GALWAY12.1. During
Christmas 1998 John Carthy and his mother, Rose, visited
Galway to stay with John's sister, Marie. While there John was
admitted to University College Hospital, Galway for treatment
for manic depression. He was re-admitted on 26th December
1998 until 6th January 1999 and on 11th/13th January 1999.
12.2. In February 1999 John Carthy commenced work, in
Galway, with Bernard Smith, a builder, originally from
Abbeylara. This employment continued for some months,
terminating, due to lack of work, in August 1999. During his
stay in Galway he became a patient of Dr. Bluett, G.P.
12.3. On the 24th August, 1999 he commenced work with P.J.
Hegarty & Co at the Edward Square site in Galway. He was
employed as a general labourer. There he became friendly with
a number of people, most especially Martin Shelly (nickname
"Pepper"), Kevin Ireland and Gerry Traynor.
12.4. On the 17th January, 2000, as John Carthy had decided
to go plastering, he gave P.J. Hegarty's two (2) weeks notice.
However, he alleged improper practice against the foreman -
for which he (Carthy) was sacked on the 18th January, 2000.
The following day he started work as a plasterer with Dermot
O'Connor, D.O.C. Plastering. This job only lasted one day
because of the quality of his work. At this stage Carthy
contacted S.I.P.T.U. and took an action against P.J. Hegarty's
for wrongful dismissal. When not getting the required result
from S.I.P.T.U. Carthy placed a picket on the Edward Square
site on the 1st February, 2000.
It was only after getting advice from S.I.P.T.U. officials that
Carthy withdrew the picket at 9.40am. For the unfair dismissal
he received a settlement of 1,140.
12.5. Arrest of John Carthy Galway Under Mental
Treatment ActOn 20th February, 2000 Carthy having had a
disagreement with his girlfriend socialised that night with his
sister, Marie and Martin Shelly. They met in The Goalpost Pub
where John was already drinking, from there they went to
another pub. There, Carthy got into an argument, before being
served. All three were asked to leave. From there they went to
Supermacs, Eyre Square, Galway. Because of Carthy's
behaviour, his sister, Marie, approached Garda Mary Ann
O'Boyle, Mill Street Garda Station, Galway, on the street and
asked if she could do something with her brother as she feared
for his safety, he was suicidal and she expressed a wish to
have him certified under the Mental Treatment Act.
12.6. Having been fully briefed as to his mental condition
Garda O'Boyle arrested John Carthy under the Mental
Treatment Act and brought him to Mill Street Garda Station.
Dr. Dympna Horgan, G.P. and colleague of Dr. Bluett, John 's
G.P. in Galway, was called to the station to examine John
Carthy. By the time the doctor had examined Carthy, his sister,
Marie, had changed her mind in relation to committal,
consequently Carthy was released into his sister's custody.
12.7. The arrest of Carthy, as described at 12.5, was not
communicated to the Gardai at Granard
13. JOHN CARTHY'S ASSOCIATION WITH KEVIN
IRELAND13.1. Kevin Ireland 23 years old, originally from
Brianstown, Longford, moved to Galway in July, 1999 and
commenced work with P.J. Hegarty & Sons at the Edward
Square site commencing on the 24th August, 1999 with John
Carthy. They had not previously known each other.
The friendship grew because of the fact that they started work
together and were both from Longford.
13.2. When Carthy placed the unofficial picket on P.J.
Hegarty's site at Edward Square (in persuance of his claim of
unfair dismissal) he then alleged to Kevin Ireland that a
S.I.P.T.U. official had said that he (Carthy) could be arrested
for picketing. Ireland alleges that Carthy gave him a piece of
paper with the name Michael Finucane on it with a Dublin
address and phone number. He told Ireland to contact this
solicitor if he was arrested. When the dispute with P.J.
Hegarty's ended Carthy took back the piece of paper from
Ireland. This item was not recovered in the forensic
examination of the house or clothing.
13.3. Kevin Ireland also states that John Carthy told him that
this solicitor, Michael Finucane, was responsible for having
Carthy's gun restored to him and that Michael Finucane was
the son of Pat Finucane, the Republican solicitor.
13.4. This investigation is satisfied that Michael Finucane
played no part in the restoration of the shotgun.
13.5. John Carthy moved back to Abbeylara in March 2000,
however, he made a number of weekend return visits to
Ireland in Galway up to 8th/9th April, 2000.
13.6. On the week preceding the siege at Abbeylara John
Carthy rang Kevin Ireland on five occasions between the
13th/17th April, 2000.
14. ESCALATING PRESSURE4.1. Prior to the siege pressure
of life seemed to have had a profound affect on John Carthy
from January 2000.
14.2. On the 18th January 2000 he lost his job with P.J.
Hegarty in Galway, on the 19th January 2000 he again lost a
job with D.O.C. Plastering, Galway. From this time he was
unemployed and in receipt 73.50 per week Disability
Allowance, this would remain his status until 18th March, 2000.
14.3. On the 17th February, 2000 he visited Dr. Meagher,
Coole, requesting a Sick Certificate as he was suffering from
depression. He asked the doctor to certify "back injury" for his
employer.
14.4. Three days later, 20th February, 2000, he ended
acrimoniously his relationship with his girlfriend, Kathleen
McNamara, in Galway. On the same date he was arrested
under the Mental Treatment Act at Galway.
14.5. On the 29th February, 2000 when he attended Dr. Cullen
he was "high". The doctor increased his dosage of Stelazine.
14.6. Due to the lack of finance, he was worried how he was
going to furnish the new house. His mother sought a loan from
Bank of Ireland, Granard, but was refused. On the 17th April,
2000 he called to Mark Connellan, solicitor, Longford, in
connection with endeavouring to secure a loan. The solicitor
was unavailable. The County Council had indicated also that
they were going to knock the old house. John was totally
against them doing this, saying that, No one was going to
put him out of his house.
14.7. It is significant to note that his father had died on Holy
Thursday, 12th April 1990. His uncle, Patsy Donoghue, died on
Holy Thursday and the day John Carthy died was also Holy
Thursday.
15. MOVEMENTS ON DAYS PRIOR TO "THE SIEGE"
15.1. Saturday, 15th April, 2000
On the morning of Saturday, 15th April 2000, John Carthy was
seen in the Abbeylara Village at 8.15am. Larry Boland, owner
of the local Garden Centre spoke to him for a short period.
Boland says that John was in very bad form.
Carthy seemed agitated, as the only place he could purchase
cigarettes at that early hour was in Crawfords, from where he
was barred. He told Boland that he would shoot Willie
Crawford, only for the fact that Carthy's mother, Rose, was
living in Abbeylara.
15.2. It is interesting to note that between 8.36am and
4.48pm he called his sister twenty (20) times on her mobile
phone. Details of these are contained at Paragraph 62.4.
15.3. At approximately 11am, John went to Brendan
McLoughlin's to assist Pat McLoughlin, Brendan' brother and
also a builder, with a building foundation. He appeared in very
bad form. He conveyed to Pat McLoughlin that there were a lot
of fellows around the village that he didn't like and that he
would come down and shoot them, including Paul McCormack,
a local plasterer and the person, he believed, responsible for
burning the mascot in the Summer of 1998.
15.4. On Saturday evening John went to McCormack's Pub in
Abbeylara. While there he had "words" with Kieran
McCormack, a local farmer.
15.5. John left McCormack's Pub and went to Kiernan's Pub in
Longford. He remained there until 1.30am when Bernard
Brady, a musician from Abbeylara, drove him home.
15.6. Sunday, 16th April 2000.
On Sunday, 16th April, 2000 it appears that John Carthy stayed
at home until 8pm when he telephoned Bernard Reilly who
then drove him to Castlepollard to the Old Town & County Pub.
15.7. Sen Farrell, a carpenter from Finea, Co. Westmeath,
met John Carthy in the Old Town & County. John didn't appear
to be himself. John spoke about the fact that his mother, Rose,
was giving out to him for drinking when he couldn't afford it.
15.8. In or around 10.45pm, he got a taxi to Oldcastle,
arriving there at 11pm. He then went to the Mountain Dew Pub
and remained there until 12.30am.
15.9. John Carthy enquired as to the availability of
accommodation in Oldcastle, however it would appear that he
slept rough that night.
15.10. Monday, 17th April 2000.
It is interesting again to note that between 12.19am /1.38pm,
on this date, he called his sister's mobile phone on twenty two
(22) different occasions. This is referred to at Paragraph 62.4.
15.11. At 8.15am, John called to the Finn Court, Oldcastle,
where he had breakfast. He remained there until 11am during
which time he also consumed four bottles of Budweiser beer.
15.12. From there John proceeded to the Napper Arms in
Oldcastle. He remained there until 2p.m.during which time he
had more alcohol. He then took a taxi home to Abbeylara.
15.13. That afternoon he called to Brendan McLoughlin's
house. During his time there he had a row with Pat McLoughlin
regarding his (Carthy) drinking.
15.14. That evening he called to the offices of Mr. Mark
Connellan, solicitor, Longford. Mr. Connellan was on holidays,
he told them he would return on the 2nd May, 2000. He then
got the 6pm bus to Granard and went home. He was not seen
later that evening.
15.15. Tuesday, 18th April 2000.
At 7.45am, on Tuesday, 18th April, 2000 John was seen
thumbing a lift in Abbeylara Village. He received a lift from
John Scally, an electrician from Granard, who drove him to
Granard. John discussed Niall Enright, Scally' boss at the
Enplast factory in Granard, and Pat Higgins, a member of An
Garda Sochna at Mullingar Garda Station. John told Scally
that both Enright and "Pat the Baker" (Pat Higgins) should be
shot. Scally felt John was "strung up" on that morning.
15.16. John got the 8am bus from Granard to Longford. He
arrived at work at 8.30am. At 10am, he availed of breakfast in
a local Caf.
He returned to work at 10.30am. At 1pm, John went to the
Longford Arms and drank two pints of Guinness, returning to
work at 2pm. At 2.30pm, John left work again, not returning
until 4.30pm. His employer, Gerard Delaney, advised him to go
home because he had drink taken. He again called to his
solicitor, Mark Connellan that afternoon and as previously
indicated Mr. Connellan was absent. He then collected 180
tablets as described at Paragraph 6.16.
15.17. At approximately 8.30pm, Alice Farrell, next door
neighbour of the Carthy's, called to Carthy's house to speak to
Rose. John answered the front door. During their brief
conversation John stated, "the party is over, there will be
no more laughing, the Guards won't be here again". John
was very agitated. I consider this statement to be quite
significant, as to future behaviour.
15.18. Later that evening John went to McCormacks Pub in
Abbeylara. He was refused alcohol due to the "words" he had
there the previous Saturday. John drank two cans of 7Up, left,
and went home.
15.19. The calls made by John to his sister on both Saturday
and Monday have to be viewed with some significance. Why
should a brother call his sister on 42 occasions in two days?
Obviously there was some difficulty. His sister cannot account
for these calls.
15.20. It is also important to note that Marie had made an
appointment for her brother with Mr. Shanley, Psychiatrist, for
2pm, on 20th April, 2000, the day on which he died. This
appointment was made some 10 days prior to the 20th April,
2000.
16. EVENTS AT CARTHYS HOUSE ON AFTERNOON OF

THURSDAY, 19th APRIL 2000.
16.1. No independent evidence is available to indicate the

happenings in Carthy's house in the afternoon of the 19th April,
2000.
16.2 His mother, Rose states that at approximately 3.40pm
John, who had been at home all day, went to his gun locker
(Photograph 1), took out his gun and ammunition, loaded two
cartridges, went outside the hall door and discharged two
shots. John was saying that no one was going to put him
out of his house. He returned to the kitchen and sat down
with the gun and ammunition in his hands. Rose Carthy left
approximately 1 hour later and went to her sister's house
some 92 metres away (Photograph 41E). The investigation will
show that at least two further shots were discharged from the
house before Rose Carthy left.
16.3. The Investigating Officer is of the view that Rose has not
told the full story of the happenings. A slight elaboration of
what she told others is contained in Paragraph 19.5.
17. FIRST REPORT TO GARDAI.
17.1. Some time before 5.15pm Ann Walsh, cousin of John

Carthy, and Alice Farrell called to the home of Nancy Walsh,
mother of Ann. (Aunt of John Carthy) As they were going into
the house they heard what is described as two (2) shots, then
Rose Carthy arrived at the house almost immediately in a
hysterical state. It took some minutes for Nancy Walsh, Ann
Walsh and Alice Farrell to make sense of what she was saying.
17.2. Rose Carthy told all three that John had his gun, he had
told her to go to Nancy's for a few hours. She further stated he
did not trust the Guards and he would shoot them if they
came. Further stating that he had said, "if anybody or the
Guards came in around the house that he would get them or
shoot them". He had fired four (4) shots at this stage. Rose
Carthy requested that the Guards be summoned, as she feared
what John might do. At 5.20pm Ann Walsh picked up the
phone to ring Granard Garda.
However, she mistakenly rang her sister, Rosaleen Mahon, also

a cousin of John Carthy, in Granard, she then rang Granard
Garda Station and handed the phone to Rose Carthy. The
phone was answered in Granard Garda Station by Garda
Maeve Gorman. Rose Carthy spoke to her initially followed by
Ann Walsh. They informed Garda Gorman of the situation, she
in turn contacted Garda John Gibbons and Colin White
directing them to go to the scene.
18. REQUEST TO DR. CULLEN.
18.1. When Rosaleen Mahon received the phone call at her

home in Granard, she immediately went to her mother's house
(Nancy Walsh's). On arrival the situation was explained to her.
She decided to ring John's doctor, Dr. Pat Cullen at Coole, Co.
Westmeath. This call was made at 5.29pm. Having received
this call the doctor immediately left his surgery to go to
Abbeylara.
18.2. While awaiting the arrival of the Garda, Rosaleen Mahon

phoned Granard Garda Station at 5.32pm indicating that Dr.
Cullen had been contacted and was on his way to the scene. At
5.34pm Ann Walsh rang Granard Garda Station as they were in
fear and wanted to know if the Garda were on their way.
18.3. When Dr.Cullen arrived at the scene, he called to Alice

Farrell's house. (Photograph 41A). This house is on the
opposite side of Carthy's, from Burke's and Walsh's. (Map No.
3) He returned to his car, having got no reply. While waiting for
the Gardai he states that about ten (10) shots were fired from
Carthy's house. (Not accurate)
19. ARRIVAL OF FIRST GARDAI ON THE SCENE.
19.1. Prior to going to the scene, Garda Gibbons obtained a

firearm and flack jacket. Garda Gibbons also wore a civilian
jacket over his uniform. Garda White was in uniform.
19.2. On route the members met Fr. Fitzpatrick, the local

Parish Priest, in Abbeylara. They asked had he seen John
Carthy lately and the reply was in the negative.
19.3. Garda Gibbons and White went to the house next door
to Carthy's where they spoke to Michael Burke, next door
neighbour of the Carthy's. (Photograph 41D) He informed
them that he had heard a number of shots coming from the
Carthy property.
19.4. Following this the members went to Walsh's house
(Photgraph 41E), located next to Burkes. John Carthy's
mother, Rose, was there, along with a number of family and
friends. All present were described as fearful and excited. The
members tried to elicit as much information as possible, as to
what exactly had happened. Those present kept saying that
John should not have had the gun given back to him.
19.5. The members found it difficult to establish what exactly

had happened, but established from Rose Carthy that John had
put her out of her house and that he had a loaded shotgun in
his possession. Rose also stated that John had earlier
discharged a number of shots. She informed the members that
John was on anti_depressive tablets. They established that
there was no telephone in the house but that John did have a
mobile phone. Garda White requested this mobile number from
Rose, she was reluctant to give it because of fear, but
subsequently did so. Rose in her statement to investigating
Garda says she left on her own volition to go to her sister's
house.
19.6. Garda Gibbons enquired who would be the best person

to talk to John. Thomas Walsh, John's cousin, was the
unanimous choice. He was in Cork, so Garda Gibbons
requested they contact him.
19.7. Having left Walsh's house, Garda Gibbons and White
then went, by marked Garda car, to Carthy's house. They
drove in the driveway and before their vehicle came to a stop
(Photograph 40 refers) they heard two shots discharged in
quick succession. They reversed from Carthy's driveway
towards Walshs house. They had no sighting of John Carthy at
this stage, nor could they identify the position or direction of
shots.
19.8. The members observed Carthy's house from a safe
distance. They again drove by the house, Dr. Cullen was on the
roadway on the Springtown side, he got into the patrol car and
all three went to the Abbeylara side of Carthys house. (Map
No. 3)
19.9. Dr. Cullen informed the Garda that John was suffering
from depression, he rang John's mobile phone having obtained
the number from Garda White. He got no reply.
19.10. D/Garda Jim Campbell, Detective Unit, Granard Garda
Station, arrived at the scene in an unmarked patrol car and
was briefed by Garda Gibbons and White. D/Garda Campbell
was in possession of his personal firearm and flak jacket.
19.11. D/Garda Campbell and Garda Gibbons approached
Carthy's house in the unmarked patrol car. Garda White stayed
a safe distance away with Dr. Cullen.
19.12. D/Garda Campbell drove the unmarked patrol car in the
driveway of Carthys house. He stopped the car at a point
where he felt it was safe. (Photographs 3, 5 & 8) D/Garda
Campbell and Garda Gibbons left the car. Both members made
their way passed the front gable and around to the front of the
house, crouching down under a front window. D/Garda
Campbell was, at this time, of the view that John Carthy may
have taken his own life.
19.13. From a crouched position D/Garda Campbell knocked
on the front door (Photograph 3) and announced, "This is Jim
Campbell from Granard Garda Station" and asked, "Are you
o.k.?" Almost immediately the members heard glass breaking
and a gunshot discharged.
19.14. Both D/Garda Campbell and Garda Gibbons feared for
their safety. They felt they were in a vulnerable position
trapped between the front window and the front door of the
house. D/Garda Campbell pleaded with John Carthy to throw
the gun out and no harm would come to him.
19.15. Garda Gibbons crawled to the side of the house and
secured cover, he was joined there by D/Garda Campbell.
Contact was made with Granard Garda Station requesting
further Garda assistance.
19.16. From Garda Gibbon's position he had a clear view of
the front of the house, D/Garda Campbell had now moved to a
position where he had a clear view of the rear.
19.17. D/Garda Campbell heard glass breaking at the rear of
the house thus identifying John's location. D/Garda Campbell
tried to converse with him in an effort to establish if he (John)
was o.k., to which Carthy replied, "Fuck off from here or I'll
blow your head off".
19.18. John Carthy was not visible but could clearly be heard
inside by D/Garda Campbell. Two shots were discharged from
the house in quick succession. These shots the members felt
were fired from the front gable window. (Photograph 8)
19.19. D/Garda Campbell continued to tell John that they were
members of An Garda Sochna and they were there to help
him.
19.20. At one point D/Garda Campbell informed John that Dr.
Cullen was outside in the car and wished to speak to him.
Immediately after Dr. Cullen's name was mentioned, D/Garda
Campbell heard a single gunshot fired out the rear window of
the house. From their positions both members could see that
this shot hit the front left wing of the unmarked patrol car.
(Photographs 6 & 7)
19.21. D/Garda Campbell pleaded with John to throw out the
gun before someone was injured. Carthy replied, "Come in
here you fucker, I'm not going out". Two more shots were
discharged from the rear of the house. The member could see
gravel flying through the air.
19.22. D/Garda Campbell and Garda Gibbons were
continuously assessing the situation and they moved to
another location behind a mound of clay in the rear garden,
which afforded them greater protection.
19.23. More Gardai, uniform and Detective Branch personnel,
arrived at the scene to assist. D/Garda Campbell left his
position to speak to Superintendent Joe Shelly, Mullingar
Garda Station, now at scene to take command.
19.24. Garda Colin White, first member to the scene with
assistance, on hearing shots being fired from the house
immediately closed access to Carthy's house from both
directions, he evacuated the immediate families from the
scene, i.e. Burke's, Farrell's and Walsh's.
20. SCENE COMMANDER.
20.1. The overall command and direction of this Garda
Operation was vested in Superintendent Joseph Shelly,
Mullingar Garda Station and Superintendent Michael Byrne,
Granard Garda Station.
20.2. A policy of containment and negotiation was then
formulated and continued during the course of this operation.
20.3. Both officers are referred to in this report as the Scene
Commander. They had total control over both Emergency
Response Unit (E.R.U.) personnel and local resources.
Assistant Commissioner T. Hickey, Eastern Region, and the
Divisional Officer, Chief Superintendent P. Tansey, Mullingar
Garda Station, were in a consultative role and at times were
removed from the scene.
20.4. While the Emergency Response Unit (E.R.U.) are on
specific operations assisting local Units, direct control of the
overall operation rests with the local Divisional / District
Officer, (in this case, Superintendents Shelly and Byrne).
However, where circumstances dictate, such as a special
tactical requirement, control shifts to the Detective Inspector /
Detective Sergeant then in charge of the E.R.U.
20.5. In the Abbeylara context, the Scene Commander
retained control until Carthy exited the house, then the
responsibility passed to the member in charge of the E.R.U. to
employ unit tactics to endeavour to bring the operation to a
peaceful conclusion.
20.6 To gain an overall appreciation of the activities of both
Scene Commanders over the 25_hour period, it is necessary to
refer to the extracts of their statements hereunder:
Superintendent Joseph Shelly.
"On Wednesday the 19th April, 2000, Garda
Maeve Gorman of Granard Garda Station
telephoned me at my office in Mullingar. The
time was approximately 6.25pm. As a result of
my conversation with Garda Gorman I became
aware that an incident involving the unlawful
discharge of a firearm at the Gardai was in
progress at Abbeylara, Co. Longford.
When I arrived at the scene in Abbeylara I
spoke to Sergeants Dooley and Mangan
regarding developments there. As a result of
my conversation with them I learned that John
Carthy was still in his mother's house and that
he had discharged a number of shots from the
house at the Garda and the unmarked patrol
car which I observed parked in the driveway of
Carthy's house.
Garda Gibbons told me that he had earlier
spoken to John Carthy's mother, Rose, in a
nearby house, which is owned by her sister, a
Mrs Walsh. I learned that John Carthy had put
his mother out of the house sometime after
five o'clock that evening and that he had
discharged a number of shots at that time. As
a result of my conversation with Garda
Gibbons I learned that he had earlier spoken
to five women in Mrs Walsh's house and that
they were in fear of John Carthy and what he
might do to them. They feared he might come
up the road and shoot them.
These women told Garda Gibbons that Tom
Walsh, his first cousin, was his best friend and
they rang him in Cork to tell him what had
happened and that Tom Walsh was the best
person to talk to him.
I was of the view that a policy of containment
and negotiation was the appropriate course of
action to follow in the circumstances that
existed at that time.
In addition to containing and negotiating with
subject John Carthy, my aim was to achieve a
controlled exit by him from the house. It was
my considered opinion that while subject John
Carthy was contained in the house, that the
likelihood of serious injury to all persons was
minimised.
Both Sergeant Dooley and I had opened
negotiations with subject, John Carthy,
through the medium of a megaphone from the
position of the E.S.B. pole, which was situated
between Carthy's and Burke's house.He made
no response at all to our requests apart from
firing two shots out the window.
While I was speaking to John Carthy I became
aware that his first cousin, Tom Walsh who
lived beside the Carthy's at Toneymore,
Abbeylara had arrived at the scene.
Inspector Maguire enquired from Tom Walsh if
he knew if John Carthy had a solicitor but he
stated that he didn't know if John had any
solicitor. I spoke to Tom Walsh and he
expressed a wish to speak to John Carthy. I
explained to him that we could go no nearer
Carthy's house than the position of the E.S.B.
pole between Carthy's and Burkes house as a
number of shots had been discharged at the
Garda since their arrival at the scene. I
handed the megaphone to Tom Walsh and he
started to talk to John Carthy. However, he got
no response. Both Sergeant Dooley and I
continued to speak to John Carthy, but he
never responded to us.
At 9.50pm D/Sergeant Russell, E.R.U., arrived
at the scene with his staff. I briefed him fully
on the situation, as it existed at that time.
I gave him all of the information that I had in
my possession regarding subject, John Carthy
and his family circumstances and background.
I maintained a written log of events as they
unfolded from the time Garda first arrived at
the scene, at approximately 5.30pm on
Wednesday, 19th April 2000, until preservation
of the scene commenced on Thursday, 20th
April 2000. As Scene Commander I had overall
charge and responsibility of the entire
operation. D/Sergeant Russell, E.R.U., had
tactical control of the inner cordon, while
D/Sergeant Jackson had sole responsibility for
the on_going negotiations with subject John
Carthy.
When D/Sergeant Jackson arrived at the scene
at 10pm accompanied by his assistant,
D/Garda Michael Sullivan, I briefed them fully
on all aspects of the operation.
A Command Post was agreed and established
at the E.S.B. pole on the roadway between
Burke's and Carthy's house. An E.R.U. jeep
was used for this purpose.
Some time around 11.40pm I was informed by
D/Garda Sullivan that John Carthy had
requested a solicitor but he had refused to
identify any particular solicitor. I was aware
that Inspector Maguire had already made
enquiries from Tom Walsh about the possible
identity of John Carthy's solicitor and he was
informed that John didn't have a solicitor. As
he had not identified any particular solicitor it
was not possible to identify who he was
talking about.
D/Sergeant Jackson had informed John Carthy
that his friend Martin Shelly was at the scene
and I agreed with D/Sergeant Jackson that
Martin Shelly should be allowed talk to
subject, John Carthy. I asked D/Garda Sullivan
to try and establish from John Carthy the
identity of whatever solicitor he was
requesting, but John failed to respond to these
requests.
At approximately 12mn I handed over the
responsibility of Scene Commander to
Superintendent Byrne and I informed
D/Sergeant Russell of this changeover.
At 8.20am on Thursday, 20th April, 2000 I
resumed duty at the scene at Toneymore. I
met Superintendent Michael Byrne who briefed
me on developments.
I discussed the possibility of a covert entry to
the house with D/Sergeant Russell but he
informed me that it could not be attempted,
without risk to the lives of E.R.U. personnel
and subject, John Carthy.
Tom Walsh was also at the scene. I decided
that he should be allowed to talk to him. Tom
Walsh was then taken down to the negotiating
position to talk to John Carthy. Tom Walsh
spoke through the megaphone to subject,
John Carthy without success. I was later made
aware that subject John Carthy had levelled
his gun at Tom Walsh when he was trying to
negotiate with him and Tom had become very
upset at this.
As John Carthy appeared to be getting very
aggressive in the house, I directed that an
ambulance and a doctor be made available at
the scene.
While the negotiations were difficult and slow,
I felt that sooner or later, John Carthy would
surrender himself to the Garda and in so
doing, bring the entire episode to a peaceful
conclusion. Inspector Maguire had learned that
John Carthy was due to see his psychiatrist in
Dublin at 2pm that day and I was informed
that he was a Doctor Shanley. Inspector
Maguire eventually made contact with Dr.
Shanley and he agreed to visit Abbeylara later
that day and speak to John Carthy.
At approximately 10am I was made aware that
John Carthy had asked for Major Cigarettes
and I directed Garda Michael Carthy, who was
on duty at Toneymore, to purchase three
packets of 20 Major cigarettes and some
matches.
I discussed a plan for the safe delivery of the
cigarettes with D/Sergeant Russell. I was in
total agreement that the cigarettes be
delivered to John Carthy, but only if this could
be done in safety. I was disappointed to learn
that John refused to co_operate with all
attempts and suggestions to deliver the
cigarettes safely to him.
I also became aware that D/Sergeant Jackson,
while attempting to negotiate with John Carthy
had again asked him if he required a solicitor
and to identify him but again he refused to say
what solicitor he wanted or who his Solicior
was. He did say he wanted a solicitor in the
house but he was told that this wasn't possible
while he had the gun in his possession. His
reply to this was "don't bother, fuck off" or
words to that effect.
At approximately 1.15pm I again spoke to
Superintendent John Farrelly of the Garda
Press Office, at the scene. He informed me
that Noreen Leddy, a reporter from Shannon
Side Radio in Longford, had some information
regarding a friend of John Carthy's, a Mr.
Kevin Ireland. I met with Ms. Leddy and
D/Garda Sullivan was also present. She
informed us that she knew Kevin Ireland's
mother, as she was an employee of Shannon
Side Radio in Longford. Kevin Ireland had
phoned his mother and informed her that John
Carthy had spoken to him on his mobile phone
sometime earlier that morning, at around
11.30am, and that John Carthy had said to
him "Watch this Space" and that he boasted
about being able to make the Guards duck
every time he levelled the gun out the
window. She also informed us that John
Carthy had said that he wanted a solicitor.
At approximately 2.15pm I met a friend of
John Carthy's who had arrived at the scene.
This man, Sen Farrell from Finea, Co. Cavan,
was also willing to talk to subject, John Carthy
and I agreed that Sen Farrell should be
allowed speak to him. As there was no
response, it was decided to take Sean Farrell
back to the Command Post.
At approximately 2.30pm I received a
telephone call from Sergeant Dan Monaghan
of Granard Garda Station to the effect that Mr.
Kevin Ireland had telephoned him from Mill
Street Garda Station in Galway City. Mr.
Ireland told Sergeant Monaghan, that he had
received a call on his mobile phone from John
Carthy at about 12md that day and that he
had mentioned a solicitor to him by the name
of Mick or John Finucane from Dublin. I was
aware that Kevin Ireland was the same person
who earlier telephoned his mother in Longford
regarding the telephone call he had received
from John Carthy.
D/Sergeant Jackson attempted to
communicate with John Carthy concerning this
new information, he refused to listen or pay
any heed
I became aware that John Carthy had
mentioned a solicitor named Finucane during
negotiations with D/Garda Sullivan, who was
relieving D/Sergeant Jackson as he availed of
a rest period.
Dr. Shanley was conveyed to the scene
arriving at approximately 4.45pm. I spoke to
Dr. Shanley and I gave him as much detail on
John Carthy's situation as was known to me at
that time. Dr. Shanley was anxious to speak
with Mrs Rose Carthy as she could give him
the information he required on John's mental
health in the period leading up to this incident.
I expressed my concerns to Dr. Shanley, about
John Carthy's disturbed behaviour and violent
aggressiveness towards us and, in particular,
his refusal to listen or indeed react to any of
the suggestions or pleas that the Gardai or
any of his close friends had made to him since
this incident had started. After some time Dr.
Shanley was brought back to the scene. I was
most anxious that Dr. Shanley would talk to
John Carthy as soon as possible.
I was made aware that Marie Carthy had
expressed a wish to speak to her brother,
John. I was very concerned for Marie's safety.
I discussed this issue with D/Sergeant Jackson
and we agreed that it would be unsafe to bring
Marie down at that time to talk to her brother.
We decided that if Marie could talk to her
brother on the phone that it might help.
I decided to contact the office of the Director
of Public Prosecutions in order to establish
what possible criminal charges might be
preferred against John Carthy when the
present situation came to an end.
At approximately 5.30pm I spoke with Mr
David Gormley, a Professional Officer. In the
course of my conversation with Mr Gormley, I
mentioned to him that while the Gardai were
attempting to talk to John Carthy at the scene,
he had looked for a solicitor and had
mentioned the name Finucane, at one stage.
That the name Mick or John Finucane had also
been mentioned by a friend of John Carthy's.
David Gormley informed me that he was
aware that a son of the late Pat Finnucane was
working in the offices of Garrett Sheehan &
Co. Solicitors, Dublin and, as far as he was
aware, this young man was an apprentice
solicitor in that office. I was relieved to have
received this information as, at last, I felt we
were making progress on the issue of John
Carthy's solicitor.
I asked D/Garda Sullivan to arrange with
D/Sergeant Jackson to have Dr. Shanley
brought down to the negotiating point
I was standing on the road some short
distance down from the entrance to Burkes.
I then heard some of the E.R.U. members
shout "Armed Garda, drop the gun John, drop
the gun". I then observed John Carthy on the
roadway, towards the left side as I looked
down. He was walking in, what I could best
describe, as a somewhat stooped position and
he had a shotgun in his hands and it was
pointed in our direction.
When I saw this developing, I was conscious
of the fact that unarmed people were present
and realised that our lives were in danger as
John Carthy was pointing a closed shotgun in
our direction and at the same time he was
walking towards us.
There was now, in my opinion, an immediate
threat that he was going to fire at us and that
somebody would be killed or seriously injured.
I could hear several appeals for him to "put
the gun down" and "Armed Garda, John, put
the gun down". John Carthy kept walking
towards our position and, in particular, the
area where the Garda were, at Burke's wall. I
was still standing on the roadway and I did not
know where Sergeant Alan Murray was. There
was no response at all from John Carthy and
the next thing I heard were a number of shots
being discharged and the subject, John Carthy,
fell to the ground on the roadway at a point
almost at the boundary between Burke's and
Carthy's houses, on the opposite side of the
road.
I contacted the Garda Technical Bureau at
Garda Headquarters and informed them of
developments and requested that a full
Technical Team be sent to Abbeylara.
I then made contact with Dr. John Harbison,
State Pathologist and I outlined to him the
circumstances of the fatal shooting of subject,
John Carthy. Having considered the matter, Dr.
Harbison stated that he would perform the
Post Mortem Examination in Mullingar
Hospital. I informed Dr. Harbison that a local
doctor, Dr. Donoghue from Granard, had
pronounced John Carthy dead at the scene
and that the body was still there. I asked him
if he wished to view the body at the scene. He
said that he did not wish to view the body at
the scene, as the time of death had already
been established by Dr. Donoghue."
Superintendent Michael F. Byrne,
Granard.
"Superintendent Shelly and I left the
Springtown checkpoint on foot and walked to
Farrell's gate near Carthy's house. Detective
Garda Kilroy, Barnes and Dunne were on duty
there. A shot rang out from Carthy's house. I
went back around to the Abbeylara side of the
scene when at 12.51am a shot rang out from
Carthy's house.
Martin Shelly was brought to the negotiating
position by D/Sergeant Jackson. At this time
Marie Carthy was anxious to go with Martin
Shelly to be nearer her brother. As a result of
what D/Sergeant Jackson told me, and my
own observation that Marie was under the
influence of alcohol, I dissuaded her and
physically restrained her from going any
nearer the scene. Marie Carthy calmed down
and she sat into the front seat of the
command vehicle with her friend Ms. Leavy
with D/Garda Campbell and I.
At 3.25am a shot was fired from Carthy's
house and at 3.30am another shot was fired
from the house. D/Sergeant Russell spoke to
me and suggested that no further visits by
family or friends be allowed at this time, as
John appeared erratic now.
At 3.50am D/Sergeant Jackson and I
discussed the situation. I was told that John
had gone quiet and might be preparing to
rest, that cigarettes had been requested and
this was been considered and that
consideration was also being given to cutting
off the cable T.V.
At about 4am I had a conversation with
D/Sergeant Russell and discussed our options
with him. I asked him if it was safe to retrieve
the keys from the damaged patrol car, to carry
out a check to see if we could carry out a
covert entry to John Carthy's house and to see
could we disable the piped T.V. I was mindful
of the fact that John Carthy, who was very
agitated at times, might become more
aggressive as a result of the T.V. service. I
decided that the risk of attempting a covert
entry was too great, as we would be risking
the lives of the members and also of John
Carthy. At 6.15am D/Sergeant Russell
informed me that he had succeeded in cutting
the T.V. Cable.
At 1.05p.m. I heard a shot from Carthy's
house and I became aware that the
megaphone was shot off the wall at the
negotiator's position."
20.7 They maintained a Log of events during the operation.
21. DECISION TO CALL IN E.R.U. PERSONNEL.
21.1 Assistant Commissioner T. Hickey, Eastern Region, having
consulted with his Senior Garda Officers for the Division of
Longford/Westmeath, decided to seek the services of the
E.R.U.
22. ESTABLISHMENT OF LAND LINE TO CARTY.
22.1 Although a land line phone was installed in the home of
John Carthy, the service had been disconnected. There was an
urgent need to reconnect it to establish communications and
this was achieved on the direction of Superintendent Shelly
through Garda Justin Browne, Smear Garda Station.
23. ESTABLISHMENT OF TEMPORARY LIGHTING.
23.1. To assist at the scene temporary emergency lighting was
secured through Mullingar Garda Station for the siege area.
24. ARRIVAL OF GARDA EMERGENCY RESPONSE UNIT
(E.R.U.) PERSONNEL.
24.1. At 9.50pm, on Wednesday, 19th April, 2000, D/Sergeant
Gerry Russell, D/Garda Oliver Flaherty, Ronan Carey and Tony
Ryan, all members of the E.R.U., arrived at the scene of the
siege. D/Sergeant Russell spoke with Scene Commander,
Superintendent Shelly and, having carried out an assessment
of the area and building, D/Sergeant Russell discussed with
the Scene Commander the deployment of an inner cordon
consisting of E.R.U. members.
24.2. At approximately 10pm, on the same date, D/Sergeant
Michael Jackson and D/Garda Michael Sullivan arrived at the
scene. D/Sergeant Jackson was the nominated negotiator and
D/Garda Sullivan was his assistant.
Both Superintendent Shelly and D/Sergeant Russell briefed
D/Sergeant Jackson.
25. BRIEFING & DEPLOYMENT OF E.R.U. PERSONNEL.
25.1. Briefing and deployment of E.R.U. personnel, was agreed
by Superintendent Shelly, Scene Commander, and D/Sergeant
Gerry Russell, the latter having responsibility for tactical
decisions.
26. NEGOTIATIONS.
26.1. From the time of arrival of first Garda to the scene,
negotiations commenced.
26.2. All negotiations, phone calls made and interaction
between Carthy and members of An Garda Sochna, including
D/Sergeant Jackson, the Negotiator, are contained in the
tabulated Chart at Paragraph 26.4.
26.3 This document will have to be read in conjunction with
the extracts from the statement of D/Garda Sullivan, Assistant
Negoitator, as hereunder.
D/Garda O'Sullivan. (Extracts of
Statement).
"I was aware that a man from the Abbeylara
area had fired a number of gunshots at Garda
from his home and that he was presently in
his home and Gardai were at the scene.
D/Sergeant Jackson, who is a trained
negotiator, directed that I would be an aid to
him, which would include note_taking and
liaising with the Scene Commander.At
10.20pm D/Sergeant Jackson and I took up a
negotiating position on the first pillar of
Carthy's wall.
D/Sergeant Jackson was of the opinion that
our location was too far away for negotiating
purposes. We took up a new negotiating
position at the second pillar of Carthy's wall.
This position was directly opposite the gable
window of John Carthy's house. We arrived at
this position at 11pm.
John Carthy was aware of our presence and
from an early stage started levelling the gun
directly at our position. When I refer to
levelling the gun, I mean that John Carthy put
the gun to his shoulder and took a direct aim
at our position.
Between 11pm and 11.20pm I became aware
that John Carthy's sister, Marie, and his friend,
Martin Shelly, otherwise known as "Pepper",
were at a uniform point at the Cavan side of
the scene. I went to speak to these people. I
asked them if they could throw any light as to
why he might be upset and how we might
approach the issue. They informed me there
might be a number of reasons :
(a) that he used to have a job labouring on
the building in Galway working with "Pepper",
but that he had lost it around the end of
January. I was told that he was upset about
this as he felt he was sacked in the wrong;
(b) that he had broken up with his girlfriend,
Kathleen, she had broken it off with him,
about four weeks ago. He had been going out
with her for about six weeks and that he was
mad about her. They said this was a touchy
subject with John and to mention it might
upset him.
(c) that his father's anniversary was Holy
Thursday, that being tomorrow.
(d) I was informed that he had been barred
from his local pub.
At 11.38pm John Carthy enquired as to where
his solicitor was and D/Sergeant Jackson
asked who his solicitor was and if he wanted
him contacted. He just kept hanging up. I
communicated this request regarding Carthy's
request to the Scene Commander.
At 11.45pm I saw John Carthy from inside the
window, level the shotgun, I ducked, I
immediately heard the sound of a shotgun
blast. He would frequently level the gun at our
position, which would force us to duck down.
Occasionally he would turn up the volume of
the television to drown out the sound of the
negotiating. At this time I felt fearful for my
safety, as I never knew when John Carthy
might pull the trigger. At 12.51am on the 20th
April, 2000 I heard another single shotgun
blast coming from inside the room and I heard
Carthy say "Fuck off".
D/Sergeant Jackson advised "Pepper" on how
to negotiate with John Carthy. John Carthy
had agreed to speak to "Pepper". At 2.30am I
brought Pepper to the negotiating point. About
fifteen (15) minutes later I returned with
"Pepper" to the Command Post, having got no
response.
At 3.25am another shot was fired at our
position by John Carthy from the window. At
3.30am again another shot was fired at our
position by John Carthy.
I recall that John Carthy first mentioned
cigarettes sometime after 3am on Thursday,
20th April, 2000.
At approximately 8am on the 20th April 2000 I
saw John Carthy up and about. He had the
shotgun in his hand and seemed aggressive.
At 9am John Carthy was smashing some of
the remaining glass from the frame with the
barrel of gun pointing out the window. At
9.06am John Carthy fired another shot from
the window at our position. At 9.42am John
Carthy fired another shot from the window at
our position.
Sometime after this I was made aware that
Tom Walsh was present and was willing to
speak to John Carthy. I relayed this
information to D/Sergeant Jackson who
advised that Tom Walsh be allowed down at
some stage.
I consulted with Superintendent Shelly who
had resumed as Scene Commander and he
authorised it. Sometime after I brought Tom
Walsh down to the negotiating point,
D/Sergeant Jackson advised Tom Walsh on
how to negotiate with John Carthy.
Tom Walsh stands up for a minute or so trying
to communicate with John Carthy. John Carthy
suddenly levels the gun directly at Tom Walsh
and we got him to duck down immediately.
This incident upsets Tom Walsh badly, it is
then decided to return Tom Walsh to the
Command Post and I did so when I felt it is
safe to do so. At approximately 10am John
Carthy makes a passing request for cigarettes.
D/Sergeant Jackson tells him that wasn't a
problem. He told him that we would get them
for him. I relayed this request to
Superintendent Shelly and sometime later I
collected the cigarettes at the Command Post
and brought them to the negotiating point.
D/Sergeant Jackson emphasised to John
Carthy that it was too dangerous for us to
bring them in while he had the gun, but if he
put the gun down and came out he could have
his cigarettes.
At 11.18am D/Sergeant Jackson made contact
by mobile phone with John Carthy. He was still
aggressive towards us. D/Sergeant Jackson,
who was negotiating at this point, tried to get
details from John Carthy about his solicitor. He
asked him who he was, how he could be
contacted. John Carthy would not say.
D/Sergeant Jackson asked if we could get any
solicitor for him and would he come out if we
got any solicitor for him. John Carthy became
dismissive of D/Sergeant Jackson and said,
"Don't bother, Don't bother, Fuck off out of
here".
Superintendent Farrelly requested that I speak
to Noreen Leddy, a reporter from Shannonside
News. She mentioned from her information,
John Carthy had spoken with a friend of his,
Kevin Ireland. Noreen Leddy mentioned that
John Carthy seemed to be boasting about
being able to make the Guards keep their
heads down and duck, that he had mentioned
looking for a solicitor from Dublin, that he had
supposedly spoken to friends some two weeks
previously about doing something big, and
that when Kevin Ireland asked him what he
was going to do he said, "Watch this space".
I was informed from the Command Post, a
man he had worked for from time to time, was
in the area and willing to speak to him. This
man's name was Sen Farrell. John Carthy
looked up to Farrell as a role model. I brought
Sean Farrell to the negotiating point at
2.15pm D/Sergeant Jackson advised Farrell on
negotiating points. There was no response and
I saw the gun being levelled at our position,
while Farrell was speaking. I brought Sen
Farrell back to the Command Post when it was
safe to do so.
At 3.20pm D/Sergeant Jackson decided that I
might try to talk to John Carthy and I agreed.
He would regularly level the gun at me to
make me duck. He seemed to enjoy the fact
that I had to duck. At some stage during my
negotiations he mentioned to me a solicitor
called Finucane, and why we didn't get him.
This was the first time he mentioned a
solicitor's name. I pushed him on the matter
asking him who the solicitor was and where
we could contact him. I asked him if he
wanted us to contact this solicitor, or anybody
else, and I pleaded with him to indicate to me
if he wanted us to get this solicitor. Carthy
wouldn't say and became very dismissive of
my pleas to him. He said things like "Are ye
still here", "Fuck off out of here". He was very
aggressive with his gun. He started saying
things like, "Free State bastards" and "Shoot
me", "Shoot me". On one occasion he came to
the window, leant forward with his arms out
straight and his gun in one hand taunting us
to shoot him.
At approximately 4.30pm I was informed from
the Command Post that Dr. Shanley had
arrived. I went up and spoke to him. I
informed D/Sergeant Jackson that Dr. Shanley
was present and then I learned that he had
left the area to speak to John Carthy's family
to get some background information on John.
At approximately 5.20pm I was informed that
Dr. Shanley was back at the scene. I was
brought to Dr. Shanley, who was sitting in a
car some distance back from the Command
Post. Also present in the car were John's
sister, Marie, "Pepper" and Tom Walsh. I sat
into the car with them.
I spoke with Marie who said she was anxious
to speak with John. I informed her that John
had become particularily agitated at this point
and had fired more shots and that it would be
unsafe for her to go down. I suggested to her
that perhaps she could speak to him on the
phone. Both John Carthy's mobile phone
number and land_line number were predialled
on D/Sergeant Jacksons's phone. I allowed
Marie to try each number a couple of times
but she got no reply.
D/Sergeant Jackson requested that I bring Dr.
Shanley to the negotiating point. At
approximately 5.40pm I started to make my
way back up to get Dr. Shanley.
I heard a shout of "He's out", "He's out".
I got to a position on the roadway just past
the hedge dividing Burke's and Carthy's. I
could see John Carthy just coming onto the
driveway heading towards the roadway. I was
concerned for my own safety and the safety of
other people, some of which were Gardai in
uniform, who were gathered in this area. I
shouted at them, "Get back and get into
cover".
I felt my colleagues had the situation under
control, I immediately jumped over the
concrete wall, into Burke's garden. I took
cover and lost sight of John Carthy. I then
heard a number of shots. After this I peered
over the wall and saw John Carthy lying on the
road. I gave Cardiac Massage while D/Garda
Flaherty gave mouth to mouth resuscitation."
Dil ireann from the Honourable Mr Justice Robert Barr, sole
member of the Tribunal of inquiry (into facts and circumstances
surrounding the fatal shooting of John Carthy at Abbeylara, Co.
Longford on 20 April, 2000). (21 November, 2002
http://opac.oireachtas.ie/AWDat
a/Library3/Library2/DL027574.p
df
Interim report to the Clerk of the Dil from the Honourable Mr
Justice Robert Barr, sole member of the Tribunal of inquiry (into
facts and circumstances surrounding the fatal shooting of John
Carthy at Abbeylara, Co. Longford) (19 May, 2003
http://opac.oireachtas.ie/AWDat
a/Library3/Library2/DL049137.p
df
Covering letters - Report of the Tribunal of Inquiry into the Facts
and Circumstances Surrounding the Fatal Shooting of John Carthy
at Abbeylara, Co. Longford on 20th April, 2000 (20 July 2006)
http://opac.oireachtas.ie/Data/Li
brary3/Library2/DL065014.pdf
Report of the Tribunal of Inquiry into the Facts and Circumstances
Surrounding the Fatal Shooting of John Carthy at Abbeylara, Co.
Longford on 20th April, 2000 (20 September 2006
http://opac.oireachtas.ie/Data/Library3/Library2/DL000595
.pdf
No-confidence motion adds to

whistleblower woes
The Government faces a motion of no confidence this
week over the latest garda whistleblower crisis which is
threatening to derail the minority government.
Senior figures in Fianna Fil will meet today and discuss
how to approach the vote, although the party is likely to
stick to its support deal with the Fine Gael-led minority
government.
The motion of no confidence is being tabled by Sinn Fin,
who maintain that ministers have misled how they
handled false sex abuse allegations against garda
whistleblower Sgt Maurice McCabe.
Confusion surrounds over which members of government
knew what about a Tusla file, which existed for over two
years and falsely claimed Sgt McCabe was suspected of
child sex abuse.
Sinn Fin deputy leader Mary Lou McDonald claimed
yesterday the Government was continuing to cover up an
alleged campaign by garda to undermine Sgt McCabe, an
issue which is now the subject of a new inquiry.
In relation to the smearing campaign waged against Sgt
Maurice McCabe, the Government continues to cover up
who knew what and when they knew. Today, the minister
for justice claimed that she was unaware of the smears.
An Taoiseach failed to clarify when and how he became
aware of the smears.
But the arithmetic of the Dil means that Sinn Fin and
other opposition parties would need the support of Fianna
Fil to win the motion.
Instead, Fianna Fil last night indicated they were unlikely
to support Sinn Fin and would ultimately back the
Government. This is already in the confidence and
support arrangement, agreed with Fine Gael last May,
which states that Fianna Fail vote against or abstain on
any motions of no confidence in the government,
ministers and financial measures.
Sinn Fin leader Gerry Adams at the weekend argued that
the Government was stumbling from one crisis to another
and that what was needed now was in fact a general
election. The Governments support though is maintained
by Fianna Fil and its leader Micheal Martin, pointed out Mr
Adams.
Citizens are scandalised by the arrogance of Enda Kenny
and his cabinet colleagues. The Taoiseach should do the
right thing. So should Michel Martin. He should withdraw
his support for the Government. Sinn Fin in government
would not tolerate this type of behaviour. People deserve
an election. They deserve to have their say on all of these
matters, Mr Adams said.
Sinn Fin will announce details of its motion today, which
is also set to point to other crises circling the Government,
including the heath service, Nama and housing.
http://www.irishexaminer.com/ireland/no-confidence-motion-adds-to-
whistleblower-woes-442777.html
Questions keep coming as the Maurice

McCabe plot thickens
More questions are cropping up all the time as the Garda
whistleblower affair becomes murkier by the minute but
here are a few that shouldnt have to wait for the
Charleton Commission to find the answers.
Enda Kenny did not ask minister about meeting Sgt
McCabe.
Why did neither the Taoiseach nor the Tnaiste ask

Katherine Zappone what happened at her meeting with
Maurice McCabe?
As Childrens Minister with one key agency under her
remit - Tusla - an obvious answer was that she was talking
to him about only a child protection issue.
Why were they so unconcerned that this might be the
case? Why the lack of clarity from the Taoiseach on when
he first heard of the slurs against Sgt McCabe?
Attempting to brush off the question with the reply that
Leinster House is rife with gossip and rumour gives the
appearance that he did hear something that he could have
inquired into earlier.
McCabe claims
Why did Fianna Fil wait until yesterday to say theyd
informed the Tanaiste about the Tusla file last Wednesday
when she was saying she knew nothing of it until the RT
Prime Time programme on Thursday? Is there any chance
some party might NOT try to make political gains out of
this mess?
What contact has there been between the Government
and the other Garda whistleblowers to establish if their
cases need to be included in the Charleton Commission?
The Taoiseach says Judge Charleton is ready to go but
can he realistically begin in an organised fashion if his his
terms of reference have to be extended repeatedly as
more revelations surface?
What discussion has taken place with GSOC, the Garda
Ombudsman, to see in what circumstances it might be
able to take on a criminal investigation into the affair,
particularly in light of the fact that it is already struggling
with its workload?
Where is the internal review of guidelines, practices and
protocols the HSE says was undertaken within the
National Counselling Service once the error that
perpetuated a false sex offence allegation in Maurice
McCabes file was discovered? Will it be published?
Will Tusla defend Sgt McCabes case against it for
compensation for the distress he and his family have
suffered or can an out of court settlement be reached to
save time, legal costs and further distress?
http://www.irishexaminer.com/ireland/questions-keep-coming-as-the-
maurice-mccabe-plot-thickens-442776.html
Gerard Howlin: Election wont help

resolve dirty war in An Garda Sochna
Opinion polls in the welter of accusations over
whistleblowers are not a reliable guide to the outcome of
an ensuing election, warns Gerard Howlin.
Gerard Howlin
If Michel Martin should fail to become Taoiseach it would

be the beginning of the end for the Fianna Fil leader, says
Gerard Howlin.
We are not yet at peak Gubu, but we are ascending

towards it. The unfolding row yesterday between the
Government and Fianna Fil follows a self-inflicted debacle
within Government last week.
There are two days to go before Sinn Fin moves its
motion of no-confidence in the Government on Wednesday
a long time in Irish politics. For now, Fianna Fil has no
intention of facilitating them pulling the stunt of double
elections north and south of the border.
The caveat is that Government mismanagement doesnt
gather further momentum and turn soft ground into a
mudslide towards an election.
In terms of political management by Government, the past
weeks are reminiscent of the first half of 2014. Then, a
toxic combination of justice issues and medical cards
ended in a drubbing at the polls and the Labour Party
losing a leader.
This weekend, though absolutely dependent on Fianna
Fil, remarkably the broadcast media was the channel of
communication with them.
In analysing Fianna Fils thinking, it is worth remembering
a truth, namely that the lessons of youth are usually
seminal. For Michel Martin the lesson of the 1989 election
is formative.
Then, he swam in against an outgoing tide, and was
elected for the first time. Charles Haughey, buoyed by
opinion polls and goaded by Dick Spring, foolishly called
an election. Fianna Fil never governed alone again.
Ensuing coalition with the PDs undermined Haughey within
his party. It was the beginning of the end for him.
If an election comes now, its because Martin calls it. In
the welter of accusation and counter-accusation about An
Garda Sochna, Tusla, and who knew what and when,
which will be the basis of the campaign to follow, opinion
polls now are not a reliable guide to an eventual outcome.
In those circumstances, should he fail to become
taoiseach, it would not be the beginning of the end, but
the end itself for Martin. Standing centre-stage in this
instance, is standing over a trap door.
Fianna Fil, sensing they are on the front foot now, and the
more sensible of them wanting sustainable momentum,
will seek to forestall Sinn Fin and discomfort the
Government. In the circumstances, they will want to
amend the Sinn Fin motion, and up the ante on
Government in dealing with what are now multiple,
interlocking crises.
The underlying issue is Garda whistleblowers. The original
sin in dealing with the systemic issues within the force was
Justice Minister Frances Fitzgeralds. After the departure of
former commissioner Callinan and her predecessor Alan
Shatter, it was a fundamental error not to appoint an
outsider as commissioner.
There are interlocking and threatening games in play now.
Firstly, the resistance to, then the smearing of
whistleblowers, which ultimately claimed the career of a
former commissioner. At the very least, Callinan gravely
underestimated the importance and the malevolence of
the issues.
Without knowing what he allegedly said to then Public
Accounts Committee chair John McGuiness TD, and what
his response is now, it is impossible to understand the
degree, if any, to which he was suborned to that agenda.
The irony is that regardless, it swallowed him whole.
Callinans departure was a remarkable setback for some in
An Garda Sochna who believed they were above being
policed themselves. It effectively ended the self-
governance of the force.
The irony of Noirin OSullivans position now is that she is
accused without, as being the continuum of what went on
before within the force. But among elements within, she is
attacked and undermined as an agent of unwanted
change.
In addition, she faces serious, but unproven accusations
about her own involvement in untoward events. These
interlocking plays, effectively a dirty war within An Garda
Sochna, mean the State cannot be sure of its discipline
or integrity.
The willingness of the rank and file to disobey orders and
strike last November, averted only by a pay deal of over
40m, is reminiscent of an unreliable, Praetorian guard
which will not render unto Caesar the things that are
Caesars. In these circumstances, an election to form a
new Dil with as little capacity or authority to control
effectively its own police force, would be deeply
retrograde.
Dealing with the abuses arising from an ongoing dirty war
is the Governments responsibility.
There is a growing sense that Frances Fitzgeralds priority
as justice minister has been in politically protecting
herself. The safe pair of hands have until now been
curiously unmarked by events.
This weekend she reached the end of that stratagem. She
must enable her commissioner, or stand her aside. Its a
fundamental determination, and perhaps the last big
political call she will have the chance to make as minister.
It is government which is needed now. There are political
reasons why Fianna Fil will seek to avoid an election.
There is also an underlying requirement, which would
rapidly become evident in a campaign, to deal with a
welter of accusations, and simultaneously press on with
the job of re-instilling discipline in An Garda Sochna. The
melee of an election will not provide it.
http://www.irishexaminer.com/viewpoints/analysis/gerard-howlin-
election-wont-help-resolve-dirty-war-in-an-garda-siochana-
442764.html
LATEST: Taoiseach: The quicker
Commission of Investigation begins,
the better for everybody
Garda Commissioner restates her innocence
FF Justice Spokesman insists he mentioned Tusla file to

Justice Minister on Wednesday evening
Justice Minister claims she had been unaware of the file

until learning of it through the media last Thursday
Sinn Fin have called for a general election and will table
motion of no confidence in the Government this week
Fianna Fil will abstain from the motion, but will not be
'pulling the plug' on the Government
Party leader Michel Martin will meet Sergeant Maurice

McCabe today
The McCabe family has rejected the apology issued by the

HSE yesterday saying it was not good enough
Taoiseach Enda Kenny has not ruled out a criminal

investigation into the affair
Update 2pm: Enda Kenny refused to answer questions on

the dispute between Fianna Fil and Fine Gael surrounding
the Maurice McCabe controversy, instead calling for the
Charleton inquiry to begin its work.
"Every day that passes that this Commission was not able
to do its work means further delay in the determination of
the truth of the allegations around this," he said.
"I note the comment from the Commissioner of the Garda.

"Everybody in this country is entitled to a presumption of
innocence until proven guilty, and in this case the quicker
that Commission of Investigation gets underway to do its
work, the better for everybody concerned."
The Taoiseach was speaking at a jobs announcement from

San Francisco firm NGINX in Cork Opera House today.
Update 1.50pm A Fine Gael TD Noel Rock has also called

for a "full and frank apology" to Maurice McCabe from
Government, writes Elaine Loughlin, Political Reporter.
He has called on the Taoiseach to announce when he will

step down as the leadership issue to be "cleared up".
Calling on Enda Kenny to give details of when he intends

to step aside, Mr Rock said: "It's the appropriate time to be
setting out a deadline for the future not only for himself
but for the sake of Fine Gael party so we have clarity in
our own minds that if there is a General Election in the
next six or nine months we will know who will be leading
us.
"The current opinion polls don't necessary represent the
support of the party and we need to perhaps sort out the
leadership issue arising from that.
"We know that Enda Kenny has said that he wont be
leading up until the next election therefore there is a bit of
a vacuum when people are asked in an opinion poll who
they will be voting for. They don't know who they will be
voting for if they vote for Fine Gael.
So we need to clear that up sooner rather than later."
However, he added that priority for Government should
now be around addressing the false allegations made in
Tusla report about Garda McCabe and Government's
response to it.
"The real priority is sorting this mess out first, what need
to see is leadership today and tomorrow, what we need is
a full and frank apology to Garda McCabe on behalf of the
government and I think that's warranted as soon as
possible," Mr Rock told RT's News at One.
Update: 12.10pm: Garda Commissioner Noirin O'Sullivan

has released a statement, strongly protesting her
innocence and reiterating her intention to remain in her
position.
The Garda Commissioner said: "A campaign of false

accusations, repeated and multiplied, do not make me
guilty of anything."
Commissioner O'Sullivan said it would be the easiest

option to step down and she is not going to do that as she
is innocent of the allegations and the Garda force has
made significant progress under her reign.
Update: 12pm: Sinn Fein have called for a general

election and claimed government ministers to failed to
protect whistleblower Sgt Maurice McCabe.
The Opposition party outlined its motion of no confidence
in the minority government this morning, saying the
chaotic administration needed to go.
Deputy leader Mary Lou McDonald told reporters that
there had been a failure at the heart of government over
protecting Sgt McCabe.
The party's motion will either be tabled in the Dil

tomorrow or on Wednesday.
It attacks the heart of Government rather than any one
minister and says declares that the Dil has no
confidence in the government and calls on Taoiseach
Enda Kenny and his Cabinet to resign to allow for fresh
elections.
The motion also notes the recent revelations regarding
how Sgt McCabe was treated by agencies, including Tusla,
which has apologised to the garda over a file that
mistakenly accused him of child sex abuse.
The scandal over how the whistleblower had gone on for
years, noted Ms McDonald.
An election though would not delay how a criminal
investigation could be carried out into how Sgt McCabe
was treated by agencies, including by garda, said the TD.
Update 11.30am: Fianna Fil's Justice Spokesperson Jim

O'Callaghan has said that he mentioned Tusla three or
four times when he met Justice Minister Frances
Fitzgerald last Wednesday evening.
Jim O'Callaghan said he met Minister Fitzgerald to

forewarn her and the government about the PrimeTime
programme.
100% certain that I did mention Tusla and I'm also 100%
certain that I said to the Tnaiste, and the words I used
were - 'Frances, you need to speak to Katherine Zappone
because she has met Sgt McCabe and she has full
knowledge about this issue'," he said.
Speaking to Today with Sean O'Rourke on RT Radio 1, he
stated: "I said it three or four times, when we sat down I
said there's an issue here, Primetime are doing a
programme tomorrow night about a Tusla file, [Fianna Fil
leader] Michel Martin has just mentioned it to me and he
has just spoken to Maurice McCabe."
Fianna Fil justice spokesperson Jim O'Callaghan has said
he is "100% certain" that he mentioned the Tusla file on
Garda whistleblower Maurice McCabe to the Minister for
Justice last Wednesday.
https://soundcloud.com/rte-radio-1/jim-o-callaghan-
interview
Tnaiste Frances Fitzgerald yesterday said the first she

heard of details of the file and unfounded allegations
against Sgt McCabe was when she watched RT's Prime
Time more than 24 hours later on Thursday.
This is now a bitter row between the main Government
party and Fianna Fil, which facilitates the minority
Government from the Opposition benches.
Both sides remain entrenched in their positions ahead of
this week's no confidence motion in the Government
tabled by Sinn Fin.
He added that he and the Justice Minister also spoke at
length about extending terms of reference for the
Charleton inquiry.
Jim O'Callaghan said he met Minister Fitzgerald to
forewarn her and the government about the PrimeTime
programme.
"I'm a 100% certain that I did mention Tusla and I'm also
100% certain that I said to the Tnaiste, and the words I
used were - 'Frances, you need to speak to Katherine
Zappone because she has met Sgt McCabe and she has
full knowledge about this issue'," he said.
Mr O'Callaghan said he had great time for Minister
Fitzgerald and he did not find the current situation
pleasant.
He also said that Garda Commissioner Noirin O'Sullivan
should access where she stands, and, if she thinks the
matter is interfering with her ability to do her job, then she
should take that into account.
However he also said there is a principle that allows
individuals to defend themselves and this should apply to
Commissioner O'Sullivan.
Follow
The Week in Politics

. looks back on the timeline of events leading up to the
Charleton inquiry
7:00 PM - 12 Feb 2017
"It's a matter that the commissioner should access where

she stands, he said.
If she thinks that this matter is interfering with her ability
to do her job, then that's a factor she should take into
account. I think there is a principle that if allegations are
made against individuals, and they deny them, they're
entitled to defend themselves. If the allegations against
her are found to have substance, we won't be calling for
her just to resign. We'll be calling for her to be removed."
He added that he did not mention reference to Tulsa in the
Dil debate on the terms of reference because he had a
limited amount of information.
Update 11am: The Independent Alliance are set to speak
to Minister for Children Katherine Zappone later today
over how she handled false Tusla allegations of child sex
abuse against Sgt Maurice McCabe, writes Political
Correspondent, Juno McEnroe.
The Irish Examiner can also reveal that one alliance

member spoke with Justice Minister Frances Fitzgerald
over the deepening crisis last night, as more answers are
sought on the Tusla file.
The Government is under huge pressure to answer

questions and explain what it knew and did regarding the
child and family agency file and allegations.
Ahead of a vote of no confidence being submitted to the

Dil by Sinn Fin this week, the minority government are
set to have a number of meetings to attempt to close
down the crisis.
The Irish Examiner understands that one senior member

of the alliance will speak with Minister Zappone when she
flies back into Dublin later today.
She faces questions about why she did not flag the Tusla
file and controversy with her Cabinet colleagues,
especially last week when it was setting up an inquiry into
how Sgt McCabe has been treated by garda.
Follow
RT News
"Did you not know enough to ask questions?" ine Lawlor

asks Tnaiste Frances Fitzgerald.
12:17 PM - 12 Feb 2017
Justice Minister Frances Fitzgerald maintains the first she
heard of the concerns was on Thursday night. Fianna Fil
disagree and says justice spokesman Jim O'Callaghan told
her about the file on the Wednesday night.
The development comes as Fianna Fil continue to
disagree with Fine Gael on whether the Tusla file concerns
were flagged with the Justice Minister ahead of media
publishing the story last week.
Justice Minister Frances Fitzgerald maintains the first she
heard of the concerns was on Thursday night. Fianna Fil
disagree and says justice spokesman Jim O'Callaghan told
her about the file on the Wednesday night.
Follow
Ronan Madigan
8:56 PM - 12 Feb 2017

In a further dramatic development, Fianna Fail leader
Michel Martin has also hinted that Garda Commissioner
may have to resign.
The government have agreed to a full inquiry into an

alleged campaign by senior members of the force to
undermine whistleblower Sgt Maurice McCabe.
Mr Martin is set to meet the whistleblower later today and

view the Tusla file for himself.
Speaking to local radio in Cork this morning, Mr Martin

said that the garda chief should assess her own position.

stands," he told Cork's 96fm.
Update 9.18am: Fianna Fil's Justice Spokesman says he

is 100% certain he told Frances Fitzgerald about Tusla's
role in the whistleblower saga last Wednesday.
Jim O'Callaghan insists he told the Justice Minister about
the involvement of the child and family agency a day
before she claims to have found out.
He says that he also urged her at the meeting to expand

the terms of reference of the Commission of investigation.
Im 100% certain I did, he said.
I also said to her, and I remember saying it distinctly, I

said: Frances, you need to speak to Katherine Zappone, as
she met Sergeant McCabe, and she has this information
about the Tusla file, about which I dont have all the
information.
Update 7.29am: Fianna Fil leader Michel Martin is to
meet Sergeant Maurice McCabe today, as a row continues
between his party and Justice Minister Frances Fitzgerald.
Deputy Martin has asked to see a copy of the Tusla file,

and is set to meet Maurice McCabe later, according to the
Irish Examiner newspaper.
Fianna Fil Justice spokesman Jim O'Callaghan is insisting

Tusla's role in the whistleblower controversy was flagged
with Minister Fitzgerald in a meeting on Wednesday, but
she maintains she found out on Thursday.
Irish Examiner special correspondent Michael Clifford said

that the Minister Fitzgerald is adamant her meeting with
Fianna Fail's Jim O'Callaghan did not discuss the child and
family agency.
Frances Fitzgerald is saying that wasnt the nature of the
conversation at all, and thats certainly not what she
picked up and therefore she did not bring that forward to
be included in the terms of reference, he said.
The pair wont seem to meet on that one, it seems, so

theres definitely an issue there.
Update 7.29am: Sinn Fein's Mary Lou McDonald hit out

at the Government ahead of the publication of her party's
motion of no confidence in the Government.
Most importantly of all, I dont believe that they have any

appetite for really getting to the bottom of matters or for
bringing about the kind of reform that An Garda Siochna
needs, she said.
Earlier:
The row between Fine Gael and Fianna Fil has deepened
over when the Government found out about Tusla's role in
the Maurice McCabe affair.
Michel Martin claims his party told the Tnaiste about

Tusla's role on Wednesday.
Justice Minister Frances Fitzgerald insists she only learned

about it in media reports on Thursday.
However Fianna Fil has confirmed it will abstain in Sinn

Fin's motion of no confidence in the Government in the
Dil this week.
However, party spokesman Dara Calleary said that

although there are questions to answer, "pulling the plug
on the Government" will not solve anything.
"Look, Our position is - we want to get answers to this

issue," he said.
"Collapsing the Government will not provide the answers
that Maurice McCabe, will not provide the answers that the
public need to have confidence in Tusla and have
confidence in our policing system,
"Collapsing the Government at this stage also will not take

anybody off a health waiting list, will not provide a house
to anybody.
"Government, stable Government, and an effective Dil

and Senate will do that."
A new row has broken out between Fine Gael and Fianna
Fil - over when the Government found out about Tusla's
role in the Maurice McCabe affair.
Micheal Martin claims his party told the Tnaiste about

Tusla's role on Wednesday, 24 hours before it first
emerged in the media.
But Frances Fitzgerald has again tonight insisted she was
not told of Tusla's role, in the meeting with Fianna Fil's Jim
O'Callaghan on Wednesday night.
The Tanaiste insists she only learned of Tusla's role in the

scandal in media reports 24 hours later - despite being
aware of a meeting between McCabe and the Children's
Minister Katherine Zappone two weeks earlier.
Garda Commissioner Nirn O'Sullivan

says her position is "unchanged" in the
wake of controversy over the treatment
of Maurice McCabe.
Frances Fitzgerald throwing colleague

under a bus
Justice Minister Frances Fitzgerald was accused of throwing
a Cabinet colleague under the bus and of not being
credible, after denying she had knowledge about a file
on a Garda whistleblower.
Opposition TDs questioned the veracity of Frances

Fitzgerald's answers after claims she had misled the Dil.
As tensions rose inside Government, the Tnaiste faced

mounting disbelief yesterday over how ministers handled
false sex abuse allegations against whistleblower Sergeant
Maurice McCabe.
Several opposition TDs questioned the veracity of Ms
Fitzgeralds answers after weekend claims she had misled
the Dil last week over her knowledge about the Tusla
false sex abuse allegations.
The latest political crisis surrounding whistleblowers has
rocked the minority coalition, just as it moves to agree
terms for a full inquiry into an alleged campaign to
undermine those garda.
Ms Fitzgerald, despite being the minister overseeing the
setting-up of the new inquiry, claimed she had been
unaware of the Tusla file until learning of it through the
media last Thursday.
The Fine Gael minister told RT how Minister for Children
Katherine Zappone rang her on January 25 to say she was
meeting Sgt McCabe. Sgt McCabe has been central to
several inquiries and scandals, some of which resulted in
the resignation of a former justice minister and Garda
commissioner.
But the justice minister simply said on the phone to her
Cabinet colleague: I said thanks for calling me Katherine
and that was it. The justice minister said that was the
only conversation the two had about the McCabe meeting,
despite the fact it centred on the Tusla false abuse claim
and a formal apology to the garda.
This was also ahead of the Cabinet last week assessing
the terms for the new Charleton inquiry.
Ms Fitzgerald added: Cabinet ministers talk all the time in
relation to information or meetings they are having and
what happens is, if something is relevant, the person
comes back to you.
The Tnaiste also insisted that by not asking Ms Zappone
about the McCabe meeting, she was respecting the
integrity of her meeting with him.
Theres no conspiracy theory here of me taking certain
actions in order to avoid certain things, said Ms
Fitzgerald. But Independent4Changes Clare Daly said the
answers were not credible, as did Labours Alan Kelly.
The latter said this was particularly so as the justice
minister had previously been made aware of another
Garda whistle-blowers concerns, and problems with Tusla,
from 13 letters that were sent to her.
Mr Kelly also suggested Ms Fitzgerald had thrown the
minister for children, under a bus and Cabinet had
broken down.
Minister Fitzgerald knew in October from a second
whistleblower that he had concerns regarding how his
family were treated by Tusla so when Minister Zappone
told her she was meeting the McCabes regarding his
concerns, why didnt she connect the two? he asked.
Sinn Fin also claimed Ms Fitzgerald misled the Dil last
week on the matter, an allegation strenuously denied by
the minister.
Tusla chief executive Fred McBride with Minister for

Children Katherine Zappone. Picture: Gareth Chaney
Collins
Tusla is at the eye of a storm in relation to the handling of

the false allegation regarding Sgt Maurice McCabe, but it
is not the first time the Child and Family Agency has come
under scrutiny.
Tusla became an independent legal entity on January 1,
2014, under its parent department, the Department of
Children and Youth Affairs. It was a move seen as finally
giving child welfare and protection concerns the primacy
they deserved following years of accusations that they
were near the bottom of the to-do list within the Health
Service Executive.
Under its new guise, it pulled together HSE Children &
Family Services, the Family Support Agency, and the
National Educational Welfare Board. However, there were
queries over what the Child and Family Agency did not
include, including Child and Adolescent Mental Health
Services. It also took on plenty of legacy issues, including
a fractured child welfare and protection system which had
seen disparities in referrals and how they were dealt with
under the old HSE system.
It has an operational budget of approximately 600m but
Fergus Finlay, chief executive of Barnardos, has been
among those arguing that this is inadequate given the
broad range of services Tusla operates and the burgeoning
number of cases on its books. As of last November, its
budgetary overspend was still just 5.2m for the year, and
that was primarily down to non-pay and private residential
and foster care expenditure. It has almost 4,000 staff.
It has been playing catch-up on frontline recruitment,
while the long-awaited National Child Care Information
System a central system supporting child protection,
child welfare, and social work services in Tusla has also
witnessed numerous delays.
Regional weaknesses were not long coming to the fore. In
April 2015, Tusla announced that it was launching a review
following the discovery of hundreds of files relating to
children by a recently appointed principal social worker in
its Portlaoise office. The discovery of the files as well as
another 822 files where garda had made referrals to
either Tusla or the HSE had sparked concerns for the
welfare of the children mentioned in the previously
unattended-to files.
Completed later in 2015, the audit of 743 case files found
that 660 required the allocation of a social worker
including 127 that needed immediate action.
At the time, Fred McBride, now Tusla chief executive but
then its chief operating officer, said: A clear weakness
identified in the Laois/Offaly area has been that relating to
filing and records management.
There is a lot of goodwill towards Tusla, given its
difficulties in matching its relatively modest budget with
the scale of the job on its hands, and much sympathy for
those working within those constraints.
But criticism never seems too far away. Just last month the
president of the district court, Judge Rosemary Horgan,
criticised Tusla for its handling of a case involving two
siblings who are now on their sixth social worker. A string
of inspection reports by the Health Information and Quality
Authority (Hiqa) has highlighted cases where children
have not been allocated a social worker. Last year, a draft
internal report warned senior management in Tusla that
more than 225 children may be at risk due to being in
continuing contact with alleged abusers.
At the same time, Tusla is a work in progress. There are
good news stories. Its most recent annual report, for 2015,
showed a 21% reduction in cases awaiting allocation to a
social worker and a 65% reduction of high priority cases
awaiting allocation to a social worker.
But, as recent revelations show, it may be some time
before it is rid of its growing pains.
I am innocent' and
won't step aside,
says Garda
Commissioner
O'Sullivan
Updated / Monday, 13 Feb 2017
Nirn O'Sullivan has rejected calls to step aside from her role
This is the actual article body
Garda Commissioner Nirn O'Sullivan has said her
position is unchanged in the wake of controversy over
the treatment of garda whistleblower Maurice
McCabe.
Labour Party leader Brendan Howlin last week told
the Dil a journalist had alleged to him that
Commissioner O'Sullivan had made very serious
allegations of sexual crimes about Sergeant McCabe
to journalists in 2013 and 2014.
Responding to Mr Howlin's comments last week, the
commissioner said she "refutes in the strongest terms
the suggestion that she has engaged in the conduct
alleged against a serving member of An Garda
Sochna".
It later emerged a Tusla file contained false
allegations of child sex abuse against Sgt McCabe.
This afternoon, Ms O'Sullivan issued a statement
saying: "Nothing has emerged in the last three weeks
which in any way changes" her position.
She said: "A campaign of false accusations, repeated
and multiplied, do not make me guilty of anything
"I have made it clear that I was not part of any

campaign to spread rumours about Sgt McCabe and
didn't know it was happening at the time it was
happening. I have repeatedly refuted that claim and
do so again.
"The easiest option for me would be to step aside
until the commission finishes its work.
because An Garda Sochna, under my leadership,
has been making significant progress, with the help
of our people, the Government, the Policing Authority
and Garda Inspectorate, in becoming a beacon of
21st Century policing."
Read: Garda Commissioner's statement in full

Sinn Fin launches motion of no confidence in
Govt
https://static.rasset.ie/documents/news/statement-of-
garda-commissioner-13th-february-2017.pdf
Transcript
Statement of Garda Commissioner 13th

February 2017
My position remains unchanged. Nothing has emerged in
the last three weeks which in any way changes that
situation.
A campaign of false accusations, repeated and multiplied,
do not make me guilty of anything.
I have made it clear that I was not part of any campaign to
spread rumours about Sergeant McCabe and didn't know it
was happening at the time it was happening. I have
repeatedly refuted that claim and do so again.
The easiest option for me would be to step aside until the
Commission finishes its work.
I'm not taking that option because I am innocent and
because An Garda Sochna, under my leadership, has
been making significant progress, with the help of our
people, the Government, the Policing Authority and Garda
Inspectorate, in becoming a beacon of twenty first century
policing.
Taoiseach Enda Kenny said what the Government

wants is an "effective, working commission as soon
as possible".
Speaking in Cork, where he is announcing 100 jobs
at a technology firm in the city, Mr Kenny said nobody
is objecting to a Commission of Investigation and it
could start this week and the quicker it started its
work, the better for everyone concerned.
He said Sgt McCabe and his family have been
seriouly maligned over the false allegations of sexual
abuse.
Mr Kenny noted the statement from the Garda
Commissioner and said everyone is "entitled to the
presumption of innocence until proven guilty".
Meanwhile, Fianna Fil justice spokesperson Jim
O'Callaghan has said he is "100% certain" that he
mentioned the Tusla file on Sgt McCabe to the
Minister for Justice last Wednesday.
Tnaiste Frances Fitzgerald yesterday said the first
she heard of details of the file and unfounded
allegations against Sgt McCabe was when she
watched Error! Hyperlink reference not valid. more
than 24 hours later on Thursday.
This is now a bitter row between the main
Government party and Fianna Fil, which facilitates
the minority Government from the Opposition
benches.
Both sides remain entrenched in their positions
ahead of this week's no confidence motion in the
Government tabled by Sinn Fin.
Labour leader Brendan Howlin has said his party will
be voting no confidence in the Government on
Thursday.
Speaking on RT's Today with Sean O'Rourke, Mr
O'Callaghan said he met Ms Fitzgerald to forewarn
her and the Government about the Prime Time
programme and said he referenced the State agency
at least three times in the conversation.
He said he also told Ms Fitzgerald that she should
speak with Minister for Children Katherine Zappone
as Ms Zappone had met Sgt McCabe and knew
about the Tusla file.
He said: "I'm 100% certain that I did mention Tusla
and I'm also 100% certain that I said to the Tnaiste,
and the words I used were - 'Frances, you need to
speak to Katherine Zappone' because she has met
Sgt McCabe and she has full knowledge about this
issue."
Mr O'Callaghan added that he and the Minister for
Justice also spoke at length about extending terms of
reference for the Charleton Commission of
Investigation.
The commission is to examine whether there was a
smear campaign against Sgt McCabe orchestrated
by senior garda.
Mr O'Callaghan said he did not mention Tusla in the
Dil debate on the terms of reference last week
because he had a limited amount of information.
He also said that Commissioner O'Sullivan should
assess where she stands, and if she thinks the
matter is interfering with her ability to do her job then
she should take that into account.
However, he said there is a principle that allows
individuals to defend themselves and this should
apply to Commissioner O'Sullivan.
If the allegations against Commissioner O'Sullivan
are found to have substance, Fianna Fil would call
for her to be removed, he added.
Ms Fitzgerald avoided speaking to waiting media
about the scandal at an event at the Department of
Justice this morning.
The minister launched a report on the findings of a
family intervention programme for prisoners, and
gave a speech at the event, but arrived and left
through a back door in the room, and a back door of
the building.
Minister for Housing Simon Coveney has said an
explanation is clearly needed about what happened
in the conversation between Ms Fitzgerald and Mr
O'Callaghan.
Speaking on Red FM this morning, Mr Coveney said
he believes Ms Fitzgerald when she says something
and added that the Fianna Fil statement disputing
her version of events was a twist he was not
expecting.
The sooner the issue is resolved, he said, the sooner
they could move on from a "political disagreement" to
the establishment of a commission of investigation
that needs to do very important work.
The idea seemed "non-credible" that Sgt McCabe,
"probably the most high-profile whistleblower in the
State", happened to be the victim of a clerical error
which was damaging and smearing him and linking
him to allegations of child sex abuse in the worst
possible way, he said.
He said that is why it was now important to move
from rumour and allegations to establishing the facts.
Yesterday evening, Sgt McCabe and his wife Lorraine

told RT News they have decided to have no further
direct engagement with the Health Service
Executive or Tusla in the wake of an apology over a
file by the Child and Family Agency Tusla containing
false allegations of sexual abuse against him.
The HSE is planning to issue a formal apology to Sgt
McCabe today, but will not comment publicly on the
issue.
Chaotic
Government needs
to go McDonald
13 February, 2017 - by Mary Lou McDonald TD
Sinn Fin Deputy Leader Mary Lou McDonald TD has said that the
failure of the Government to act to protect the interests of Garda
Sgt Maurice McCabe and, by extension, endangering the rights of all
citizens, means that it cannot remain in
Sinn Fin Deputy Leader Mary Lou McDonald TD has said that
the failure of the Government to act to protect the interests of
Garda Sgt Maurice McCabe and, by extension, endangering the
rights of all citizens, means that it cannot remain in power.
Deputy McDonald made the comments as Sinn Fin published
a motion of no confidence the Government which the party will
move in the Dil on Wednesday.
Teachta McDonald said:
The Government has failed demonstrably and abjectly in its
response to the vicious smear campaign waged against Garda
Whistleblower Sgt Maurice McCabe. This has endangered the
rights of all citizens. The coalition cannot remain in power
The Minister for Justice and the Taoiseach fumbled their way
through the weekend, making up the Government's approach
as they went along.
Their positions regarding when they were informed of the
Tusla file and the false allegations against Sgt McCabe simply
do not stack up.
Over the past three years, Fine Gael has failed to protect the
good name of Maurice McCabe and has failed to get to the
bottom of his allegations and the smear campaign against him.
Through their ineptitude and their clear decision to muddy the
waters, rather than providing the truth, the government has
completely undermined public confidence in its ability to
govern effectively. It is a government dominated by crisis,
chaos, and spin as focuses its energies on retaining power
rather than on delivering genuine solutions.
Sinn Fin has zero tolerance for corruption, incompetence and
malpractice in government
We have submitted this motion of no confidence in the
government because we do not have any faith in the ability of
this administration to deliver truth and justice for Maurice
McCabe or in its ability to resolve the wider issues at play in this
controversy.
In fact, we are of the opinion that the preservation this
government would serve as the major barrier to finding a
satisfactory resolution to this debacle.
We are urging all Dil deputies to support the motion in order
to remove from power a chaotic government that has already
lost its authority.
Fianna Fil and Michel Martin cannot sit on their hands and
vote to abstain with any credibility. They cannot hide behind
the supply and confidence agreement in an effort to shirk their
responsibilities.
Fianna Fil TDs cannot just shrug their shoulders and wait for a
better time to pull down the government based on their own
narrow electoral interests. This matter goes to the heart of the
integrity of this government and the time to bring the chaos to
an end is now.
Note: Please see the Motion in question below
Motion re: No confidence in the Government
The motion reads:
That Dil ireann notes:-
The recent revelations regarding whistleblower Garda
Maurice McCabes treatment by agencies of the state;
The failure of Government ministers to act to protect the
interests of Garda McCabe and, by extension, endangering the
rights of all citizens;
That this scandal goes to the very heart of the integrity of
this Government;
Declares that Dil ireann has no confidence in the
Government and calls on An Taoiseach and his entire Cabinet
to resign forthwith to allow fresh elections.
Gerry Adams, John Brady, Pat Buckley, Jonathan OBrien,
Sen Crowe, David Cullinane, Pearse Doherty, Dessie Ellis,
Martin Ferris, Kathleen Funchion, Martin Kenny, Mary Lou
McDonald, Denise Mitchell, Imelda Munster, Carol Nolan, Eoin
Broin, Caoimhghn Caolin, Donnchadh Laoghaire,
Louise OReilly, Aengus Snodaigh, Maurice Quinlivan, Brian
Stanley, Peadar Tibn.
Sinn Fein will table the motion of NO CONFIDENCE in the
gov on WED this week, (just a day after the dail resumes
after a weekend of he said\she said). Labour is supporting
the Motion, PBP is supporting it etc, Sinn fein is calling on
FF to support the motion and stop propping up this gov
which has lost all credibility.
"The Minister for Justice and the Taoiseach fumbled their
way through the weekend, making up the Government's
approach as they went along.
Their positions regarding when they were informed of the
Tusla file and the false allegations against Sgt McCabe
simply do not stack up."
Out of control Smear and Slander Inc; otherwise known as
Tusla. The manner of the intervention of Tusla in our
clients family life is a cause of concern and is by any
measure an inexcusable abuse of their position. Their
intervention caused our client untold stress, distress and
anguish
It's hard for the claim of "clerical error" to stand up to
scrutiny when you have more than one case involving the
smearing of a whistleblower with the same parties coming
to light
McCabe seriously
maligned over false
allegations - Kenny
Updated / Monday, 13 Feb 2017
Enda Kenny said Maurice McCabe and his family have been
seriously maligned
Taoiseach Enda Kenny has said that garda
whistleblower Maurice McCabe and his family have
been seriously maligned over false allegations of
sexual abuse.
RT's Prime Time reported last week that Tusla - the
child and family agency - sent a file containing false
allegations of sexual abuse against Sgt McCabe to
garda in 2013.
Sgt McCabe was not informed that the Tusla file
contained this allegation
Speaking in Cork at a jobs launch, Mr Kenny said the
important thing is that the Commission of
Investigation starts its work as quickly as possible.
The Commission of Investigation under Judge Peter
Charleton will investigate any links between Garda
Commissioner Nirn O'Sullivan and former
commissioner Martin Callinan and an alleged smear
campaign against Sgt McCabe.
Mr Kenny said every day that passes in which the
commission is unable to carry out its work means
further delay in the determination of the truth of the
allegations.
He said nobody is objecting to a Commission of
Investigation and it could start this week.
The Taoiseach also noted the statement from the
Garda Commissioner Nirn O'Sullivan and said
everyone is "entitled to the presumption of innocence
until proven guilty".
Ms O'Sullivan said this afternoon that her position is
unchanged in the wake of controversy over the
treatment of Sgt McCabe.
She issued a statement saying: "Nothing has
emerged in the last three weeks which in any way
changes" her position.
She said: "A campaign of false accusations, repeated
and multiplied, do not make me guilty of anything".
"I have made it clear that I was not part of any
campaign to spread rumours about Sgt McCabe and
didn't know it was happening at the time it was
happening. I have repeatedly refuted that claim and
do so again.
"The easiest option for me would be to step aside
until the commission finishes its work.
because An Garda Sochna, under my leadership,
has been making significant progress, with the help
of our people, the Government, the Policing Authority
and Garda Inspectorate, in becoming a beacon of
21st Century policing."
Labour Party leader Brendan Howlin last week told

the Dil a journalist had alleged to him that
Commissioner O'Sullivan had made very serious
allegations of sexual crimes about Sgt McCabe to
journalists in 2013 and 2014.
http://www.rte.ie/news/2017/0213/852182-maurice-mccabe/
Administrative error'
led to false McCabe
sex abuse allegation
Updated / Friday, 10 Feb 2017
Tusla has acknowledging that an error had occurred

It has emerged that Tusla, the child and family
agency, sent a file containing false allegations of
sexual abuse against Garda whistleblower Sergeant
Maurice McCabe to garda in 2013.
Sgt McCabe was not informed that the Tusla file
contained this allegation, RT's Prime Time reports.
In April 2014, social workers in Tusla opened files in
the names of each of Sgt McCabes children. All four
files included the allegations of sexual abuse.
On 14 May 2014, a counsellor contacted Tusla to say
she had made "an administrative error" in her report
to them.
The counsellor claimed that a line relating to the false
abuse allegation had "been pasted in error".
Sgt McCabe learned of the accusations on 29
December 2015 when a child protection social worker
wrote to inform him that he was being investigated for
sexual abuse.
On 20 June 2016, the same social worker again
wrote to Sgt McCabe saying a mistake had been
made and no allegation of sexual abuse had been
made.
Tusla has since written to the Department of
Children, acknowledging that an error occurred and
that an internal case review had been ordered.
The agency also indicated that it would apologise to
Mr McCabe.
Meanwhile, Sinn Fin has called on Garda

Commissioner Nirn O'Sullivan to step aside while a
Commission of Investigation chaired by Supreme
Court judge Mr Justice Peter Charleton takes place.
Yesterday, Tnaiste and Minister for Justice Frances
Fitzgerald agreed to broaden its terms of reference
looking into claims of a campaign by senior garda to
discredit garda whistleblowers.
Sinn Fin's deputy leader Mary Lou
McDonald described the Prime Time revelations as
"unprecedented ... and vile" and has questioned how
the Tnaiste could not have known about contact
between An Garda Sochna and Tusla, which she
stated in response to a Dil question from Ms
McDonald yesterday.
http://www.rte.ie/news/2017/0209/851518-tusla/
FG chair accuses Jim

O'Callaghan of lying
about Dil bar
conversation with
Tnaiste
Kevin Doyle and Niall O'Connor
PUBLISHED
13/02/2017 | 12:46
37 COMMENTS
8 SHARE

1
Critical of Fianna Fil: Fine Gael chairman Martin Heydon Photo:
Tom Burke
The chairman of Fine Gael has suggested
that Fianna Fils justice spokesman Jim
OCallaghan is lying about his Dil bar
conversation with Tnaiste Frances
Fitzgerald.
SHARE
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The two politicians have presented vastly different
versions of a meeting they had last Wednesday evening
with Ms Fitzgerald vehemently denying that he alerted her
to Tusla link to the Maurice McCabe scandal.
Fine Gael party chairman Martin Heydon has today
enflamed the row by saying he believes the Tnaiste and
therefore Mr OCallaghan is telling untruths.
On his local radio station Kildare FM, Mr Heydon said: I
believe the Tnaiste and I spoke directly to her last night
on the phone. In all of my dealings with Frances Fitzgerald
I have found her to be a woman of the upmost integrity.
Asked repeatedly by presenter Shane Beatty whether that
meant Mr OCallaghan was lying, the TD replied: If
both sides cant be reconciled thats what were looking at,
yes.
The statement has been met with fury from Fianna Fil
who are considering a response.
Ms Fitzgerald attended an event in Dublin this morning
but entered via a backdoor in order to avoid the waiting
media.
Senior Fianna Fil sources say they are furious at Fine
Gael over Mr Heydon's remarks.
And Fianna Fil TD for Kildare South, Fiona O'Loughlin,
suggested that the confidence and supply agreement is
now breached.
She tweeted: "'Lying' is a very strong term..Where is the
'confidence' in confidence and supply now?Clearly eroided
from my and @fiannafailparty view."
http://www.independent.ie/irish-news/politics/fg-chair-accuses-jim-
ocallaghan-of-lying-about-dil-bar-conversation-with-tnaiste-
35446879.html
The phrase cut and paste has been used to explain this
error. How so? Prior to the allegation there was no file on
Sgt McCabe. What could be cut and pasted? The file
opened on Sgt McCabe had handwritten notes on the
specifics of the serious allegation. How did that originate?
What could it have been cut and pasted from.? Specifics
are required and promptly.
Michael Clifford: Cock-up or conspiracy, its time to
come clean about Maurice McCabe claims
Without a full explanation from the HSE and garda about their
handling of the Maurice McCabe claims, public confidence in both
agencies will drain away, says
IRISHEXAMINER.COM
his whole thing stinks of the coalition from hell trying to

manage this crisis in such a way so as to prevent the
collapse of the government.
Fianna Fil's continued support for Fine Gael even as these
revelations have come to light, by abstaining on the no
confidence vote, confirms this.
They will try anything to keep from having to go to the
people just yet.
Corruption,The body count is growing ... how long can Michel afford
to keep the crazed Mayo megalomaniac in power?
https://www.facebook.com/photo.php?
fbid=1866513113628476&set=gm.1800285353568156&type=3&th
eater
Even after all of this, they STILL want you to believe that it
was a simple and unfortunate "clerical error".
Talk about taking the public for eejits...
Crisis escalates for

Irish Government over
attempts to silence
police whistleblower
Niall O'Dowd @niallodowd February 13, 2017
Justice Minister faces questioning over knowledge of a file created to
blacken the reputation of police whistleblower.
IRISHCENTRAL.COM
Irish Justice Minister Frances FitzGerald faces tough

questioning on her knowledge of a file created by
state children's agency Tusla which was put
together to blacken the reputation of police
whistleblower Maurice McCabe. The file claimed,
completely falsely, that McCabe was a pedophile.
McCabe had blown the whistle on numerous cases of
penalty points abuse by senior Irish police. It was revealed
that former Police Commissioner Martin Callinan was
among those who had penalty points removed from his
driver's license.
3
Police whistleblower Maurice McCabe.
The case has become so serious that Sinn Fein has called
for a motion of no-confidence in the government for
Wednesday.
If the Tusla file was a deliberate act it shows an
astonishing level of collusion between a childrens agency
and the Irish police to silence and blacken the reputation
of a whistleblower.
Read more: Irish cop whistleblower may bring down govt
as no confidence vote called
Fitzgerald is accused of withholding information on the
Tusla blackmail file, but she claims she never saw it in
time to make it part of a major judicial investigation into the
entire case.
Another minister, American-born Katherine Zappone,
Minister for Children, certainly saw the file but never
informed her cabinet colleagues of it, though she claims
otherwise
Moreover, Fianna Fail, which props up Fine Gael in

government, stated that Minister FitzGerald had told
Fianna Fail shadow Minister Jim OCallaghan about the
file before the public inquiry was announced, which meant
she had to have knowledge before the Irish Cabinet
decided the frame of reference of the judicial inquiry.
Top brass in the Gardai (Ireland's police force) were
incensed at McCabe, who began naming names in 2012
based on his analysis of information on the Pulse system
that Irish police use, and sought to damage his reputation.
His evidence forced Callinan to retire early and then
Justice Minister Alan Shatter to lose his job after he had
ridiculed McCabes claims, which were subsequently
found to be true.
Back in 2006 the daughter of a corrupt garda named by
McCabe had alleged McCabe touched her inappropriately
during a hide and seek session,
The Director of Public Prosecutions dismissed the case as
having zero merits, and it was widely believed it was an
effort to smear McCabe.
Now, however, the file on that case has turned up in the
Irish children's agency with added sordid details that
alleged vaginal and anal touching. The agency says the
added details were from another case that somehow got
mixed up with the McCabe case, but there is great
skepticism about that explanation.
The file was widely used by top Gardai to smear McCabe
and try to sully his reputation among journalists. McCabe
was never told of the file on his case.
Last week, however, it was revealed that the details were
fictitious and the Sunday Times revealed that the child,
now a woman, had never made any allegations of further
abuse.
The Cork Examiner reports that the crisis facing the
Government over its handling of false allegations of child
sex abuse against Sgt Maurice McCabe is set to deepen
as Fianna Fil leader Michel Martin meets the
whistleblower today.
The meeting follows a request from Martin to see a copy
of the Tulsa file on the false allegations. It could put more
pressure on Garda Commissioner Nirn OSullivan to step
aside.
OSullivan has been accused of spreading misinformation
on the bogus file to media as well. She denies the reports.
Maurice McCabes case was investigated and documented
by RTE, Irelands national broadcasters, current affairs
show, Prime Time. Heres the full piece:
http://www.irishcentral.com/news/politics
/crisis-escalates-for-irish-government-
over-attempts-to-silence-police-
whistleblower
Criminals in Uniform - Re: Garda

whistleblower Maurice Mccabe
Feb 10, 2017
https://www.youtube.com/watch?v=eVhyzJ-u4_8
Irish cop whistleblower

may bring down govt
as no confidence
vote called
Niall O'Dowd @niallodowd February 12, 2017
A truth-telling cop, an Irish Serpico, now threatens to bring
down this current Irish government amid a welter of
corruption and false evidence charges
A truth-telling cop, an Irish Serpico, now threatens to bring
down this current Irish government amid a welter of
corruption and false evidence charges
Matters came to a head this weekend with Sinn
Fein announcing they were putting down a motion
of no confidence in the government and their
handling of the case of Sergeant Maurice McCabe.
Sinn Fein Deputy Leader Mary Lou McDonald stated
"The manner in which they (the government) have
handled the scandalous campaign of character
assassination against Sergeant Maurice McCabe
renders this Government unfit for public office.
"Sinn Fin will table a motion of no confidence ... in
this cover up Government without delay.
"We will be seeking support for this motion of no
confidence from all opposition TDs and Fianna Fil,"
added McDonald.
A weekend poll showed main government party Fine Gael
12 points behind Fianna Fail who have been propping
them up in government. The poll was taken before the
latest McCabe revelations.
Sergeant McCabe was a whistleblower, calling time on
corrupt colleagues and especially on illegal practices such
as removing penalty driving points for driving offenses for
favored big shots.
McCabe examined the Garda (police) computer system
known as Pulse and uncovered numerous corrupt uses of
the penalty points cancellation. He gathered the
information and presented it to the top police officials.
Former commissioner Martin Callinan. Credit: Courtesy Irish Sun
Sensationally among those who had benefited was the

police commissioner himself, Martin Callinan. When this
became public, and a whitewash inquiry occurred Callinan
called McCabe and a colleague who has since left the
force disgusting.
When the McCabe allegations of penalty point corruption
were confirmed the commissioner retired early, and
Justice Minister Alan Shatter who had also savaged
McCabe resigned. But the controversy was only
beginning. What transpired at the weekend however, was
truly sensational. A file containing an utterly bogus claim
that McCabe was a pedophile and had anally and
vaginally penetrated a young girl was found in possession
of the child protection agency Tusla.
After McCabe had exposed a corrupt colleague in an
assault case in 2006 that colleagues daughter had
claimed McCabe had tickled and touched her during a
game of hide and seek. The motivation clearly was
revenge, and the Director of Public Prosecution stated
there was no basis whatever for the claim.
However, her claim had now turned up again with extra
and graphic details on anal and vaginal penetration that
were not even included in the original file. Tusla also
added files for each of McCabes kids, even though two
are adults and even though they never informed the
alleged defendant McCabe of what they were doing. They
sent the file to police authorities without McCabe knowing
in complete disregard of all legal protocols
The child agency stated last week that the new and lewd
details had been connected to another case and had
somehow been transposed into McCabe's file and they
apologized. It was the first McCabe knew of the bogus
accusations against him.
However, every crime journalist in Dublin was fully aware
of the case as senior police officials had spread word of
the file, which they certainly knew all about claiming it was
real, to every major media source. That had highly colored
the coverage of McCabe with top cops undermining every
one of his revelations with leaked stories about how
dreadful a human being he really was.
A leading Irish politician stated that Commissioner
Callinan had personally tried to blacken McCabes
reputation saying he was not to be trusted during a private
meeting and politicians are probing current Garda
Commissioner Noirin OSullivan and whether she may
have known a fully fledged campaign was underway to
blacken McCabes name.
3
Commissioner Noirin O'Sullivan. Credit: Courtesy Irish Sun
Tusla was finally forced into the open following excellent

investigative work by the Irish television program Prime
Time.
Then came another twist when it was revealed that
Children's Minister Katherine Zappone, the American-born
politician was told by the child agency of the file and that it
had been sent to police authorities.
She said she had informed senior figures in the Irish
government of the existence of the file and where it was,
but the government leaders including Enda Kenny stated
that they had never received any detailed information.
Zappone, in Seattle for a family event was due to fly back
to Ireland this week and faces a media storm.
Meanwhile, Sergeant McCabe is finally getting the justice
he sought. McCabe first came to prominence when he
reported an assault case in his jurisdiction in Cavan had
not been pursued properly. He especially exposed
corruption in the penalty point system where well-known
figures who drove drunk, got into accidents, were caught
speeding had their penalty points scrubbed by top police
brass.
Opposition politicians have already named several well-
known figures alleged to have had traffic offenses
quashed. They include rugby star Ronan O'Gara, Judge
Mary Devins and crime reporter Paul Williams, now a
special correspondent for Independent newspapers who
has always had excellent police sources.
McCabe became a whistleblower after a previous police
scandal had resulted in a call for better governance and
for whistleblowers to step forward. As Michael Clifford
reported in the Irish Examiner, "He had first made
complaints, some years previously, about what he deemed
malpractice and deception. He had a good record when he
was asked to be station sergeant in Bailieboro, Co Cavan.
While there, McCabe encountered a number of concerns.
Eventually, following what he saw as shocking
incompetence in the investigation of a serious assault, he
made a complaint. Others followed. A number were
upheld, but McCabe wasnt informed whether any action
was taken against the officers involved. Pretty soon, it
became apparent that he was regarded as troublesome.
Making complaints wasnt the done thing. Get on with the
job; look the other way; bite your tongue, and move on.
The blue wall of silence was to be held intact.
On Dec 14, 2012, McCabe was called in by his district

superior and told he was being ordered to desist from
disseminating information gleaned from the Pulse system.
McCabe had examined files on the system that illustrated
widespread abuse of the penalty points system. Now, he
had an order issued against him. The message was being
conveyed to him that the upper echelons of the force had
identified him as a whistleblower.
Soon after he became the subject of an investigation into
a lost computer seized from a suspect alleged to have
child pornography on it. McCabe wasnt even remotely
connected to the case, and the investigation cleared him.
But he knew he was on notice especially with death
threats and anonymous threatening phone calls.
Columnist Fintan OToole of The Irish Times stated that if
the collusion between the child agency and the cops
occurred in order to blacken McCabe as now seems the
likely case it was incredibly serious.
The very possibility this could have happened is a threat
to Irish democracy. A State that has seen off subversion
from without may be looking at something even more
dangerous: subversion from within. It is not good enough
to hope this did not happen we have to know for sure
whether it did or not.
We know Frank Serpico was set up by his own colleagues
during a drugs raid when he called for backup and none
came and he was seriously injured. Maurice McCabe has
experienced the same lonely battle
When asked about his role in uprooting corruption among
Irish cops he said Having been treated the way I was for
reporting the above, I dont think that I would do it again. It
destroyed me, my career and my family.
It may also destroy this current Irish government.
http://www.irishcentral.com/opinion/niallodowd/irish-cop-
whistleblower-may-bring-down-govt-as-no-confidence-vote-called?
q=whistle
Garda Commissioner 'made allegations

of sexual crimes against whistleblower',
Dil hears
Feb 8, 2017
Labour leader Brendan Howlin has told the Dil that Garda
Commissioner Nirn OSullivan contacted journalists in 2013
and 2014 to make serious allegations about garda
whistleblower Maurice McCabe.
Howlin, speaking under Dil privilege, told the chamber that

the Commissioner had made allegations of sexual crimes
against McCabe.
Addressing the Taoiseach during Leaders Questions, Howlin

said that a journalist had contacted him this morning to say
that they had evidence in relation to the phone calls.
Taoiseach Enda Kenny said the allegations are "vehemently

denied" and said the Commissioner is entitled to the
government's full support.
Read more: http://jrnl.ie/3228919
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https://www.youtube.com/watch?v=8MPpv9xubv0
We're just one more

stumble away from an
unwanted general
election
John Downing Twitter

BIO
PUBLISHED
13/02/2017
1
Opinion polls are suggesting more woes to come for Fine Gael
leader Enda Kennys party. Photo: Getty
We are just one more political stumble away
from a general election that nobody much
wants. Just because nobody - but nobody -
wants an election any time soon does not
mean our politicians have the skills to avoid
it.
For more than four years, An Garda Sochna has been
stricken by controversy surrounding clearly well-founded
allegations from Sgt Maurice McCabe.
This past week, the Government announced a third fully
fledged inquiry into allegations that senior elements of the
force had set out to wrongly vilify and defame Sgt McCabe.
http://www.independent.ie/opinion/columnists/john-downing/were-
just-one-more-stumble-away-from-an-unwanted-general-election-
35445348.html
BREAKING: Garda Commissioner Nirn O'Sullivan has
released a statement saying that she is innocent and will
not be stepping aside.
"I have made it clear that I was not part of any campaign
to spread rumours about Sergeant McCabe and didn't
know it was happening at the time it was happening. I
have repeatedly refuted that claim and do so again."
'I am innocent': Nirn O'Sullivan says she won't

step aside
The commissioner says her position remains the same as it did
before this weekend.
THEJOURNAL.IE|BY CHRISTINA FINN
The Issue of Alleged criminal and misconduct was Committed by
Government and Commissioners and HSE and private owned
Scottish Quango Tulsa Company, The Files Exists Which Tulsa Has in
There percussion and Who did They get This Report From and who
had Access to The Files and How Many Knew About The False
allegation And that Mc Cabe was Subjected to a false Allegation
taking his Good Name Away, All The ingestions on the Same scandal
but has Escalated to a more Serious Treason criminal offences, and
Try to imputing His Good name, Mr Mc Cabe is entitle to his Good
Name and A Full Clearance and criminal Actions Against The lying
psychopaths sacked, and Jailed without any pension,
Tulsa Should Have A Tape On This meeting Interview of Alleged False
Allegation against Him by Garda Commissioner of Informer with
their Lies and Government Probably were involved too Helping This
Commissioner Bitch to Revenge her sick Psychopathic womans
Scorn, If They Can do This to Maurice MC Cabe the Scum are
Capable of Any Revenging and Set up Crimes, to take another
Persons Good Name in Vain is Unconstitutional and Illegal Without
Any Proof, the Crime was Premeditated and Constructed under
unfounded Evidence,
Report No. 2 REVIEW of GARDA SOCHNA ... the incident at
Abbeylara. This report makes ... other key Garda personnel at the
scenes of siege REVIEW of GARDA SOCHNA PRACTICES and
PROCEDURES for BARRICADE INCIDENTS
http://justice.ie/en/JELR/GInspBarricadeIncidents.pdf/Files/GInspBarri
cadeIncidents.pdf
Accountability Report of the Garda Sochna ... Report of the
garda Sochna inspectorate The Fixed Charge Processing
System A 21st Century
http://www.rte.ie/documents/news/gardainspectoratereport.pdf
Prime Time Garda Whistle Blowers

Feb 10, 2017
Clare Daly on Prime Time discussing the unfolding event about
the state's involvement in undermining Garda sgt. Maurice
McCabe.
https://www.youtube.com/watch?v=_NtjIaDfPh4
Garda Inquiry
Feb 9, 2017
Clare Daly TD speaking on the Terms of Reference into
Commission of Investigation regarding the Garda
Commissioner and Sgt Maurice McCabe
https://www.youtube.com/watch?v=G-CFeQ6v6cg
Kenny promises autumn

referendum on Oireachtas
committee powers
A referendum giving renewed powers of investigation to Oireachtas
committees will be held with the Presidental election.
Jun 15th 2011,
TAOISEACH ENDA KENNY has confirmed to the Dil that a

referendum, giving Oireachtas committees the power to
compel witnesses to attend their meetings, will be put to the
public alongside the Presidential election.
The disclosure comes on the heels of yesterdays
announcement that a referendum allowing the reduction of
judges pay will be put alongside the election to succeed
Mary McAleese.
That election, and the two referenda, are due in late October
or early November.
Responding to questions from Sinn Fin president Gerry
Adams in the Dil this lunchtime, Kenny confirmed that a
referendum enshrining the investigative powers of
committees as had been promised in the programme for
government would be put to the people alongside the
other two ballots.
The only task to be fulfilled in the meantime was to devise
the legislation and the question to support that, the
Taoiseach said.
The investigative role of Oireachtas committees was called
into focus by a 2001 High Court ruling which found that an
Oireachtas sub-committee did not have the power to make
factual findings or express opinions adverse to the good
name of a citizen.
The Oireachtas committee had been examining the death of
a Longford man who was shot dead by Garda after a siege at
his home in Abbeylara, Co Longford a placename which
has informally lent its name to that ruling.
http://www.thejournal.ie/kenny-promises-autumn-referendum-on-
oireachtas-committee-powers-156326-Jun2011/
Abbeylara
decision has
"serious
implications"
Updated / Friday, 23 Nov 2001 22:58
The Government will have to give detailed
consideration to the High Court judgement on
the inquiry into the Abbeylara incident before
it makes a decision on the future of the
Oireachtas inquiry.
Bertie Ahern said that the judges' decision has
serious implications for future inquiries but
that the matter would have to be examined by
the Government and the Attorney General.
Earlier, 36 Garda won their High Court
challenge to the Oireachtas sub-committee
inquiry into the shooting dead of John Carthy
in Abbeylara.
The 95-page judgement found that such
inquiries do not have the power to make
findings of fact or expressions of opinion
adverse to the good name or reputation of
citizens.
The hearing, before a three-judge divisional
court of the High Court, lasted 19 days. The
High Court found that the Oireachtas sub-
committee inquiring into the Abbeylara
incident was acting outside its powers in
purporting to report on and investigate the
Abbeylara incident. It did not comply with the
requirements of natural and constitutional
justice, said the report.
Alan Shatter, TD, a member of the committee,
has said that the consequences of the
judgement create a major constitutional crisis
for the Oireachtas. He says that, if an appeal is
unsuccessful, there should be a referendum on
the issue.
PJ Stone, of the Garda Representative
Association, said the judgement vindicated the
Garda who took this court action. He called for
a judicial inquiry into the Abbeylara affair, both
for his members, and the sake of the Carthy
family, he said.
John Carthy was shot dead by the Garda
Emergency Response Unit in April 2000, after
a siege at his home in Abbeylara, County
Longford.
John Carty's sister, Marie, has said the family is
disappointed with the outcome of this
morning's High Court proceedings. She said
the committee carried out excellent work and
should be complimented for their efforts. She
added that the Government should now
proceed immediately to hold a full public
sworn inquiry.
http://www.rte.ie/news/2001/1123/20866-abbeylara/
Oireachtas Inquiries
Referendum
From 2008 there were persistent calls to hold a
public inquiry into the events leading up to the
banking collapse and subsequent economic
recession. However, the Abbeylara judgment of
2001 ruled that an Oireachtas Inquiry Committee
was acting outside its powers as its findings could
adversely affect the good name of a person.
Consequently, the scope for parliamentary
inquiries was limited. In March 2011, the Fine
Gael/Labour coalition government committed to
holding a referendum to address the issues raised
by the Supreme Court Abbeylara judgment. The
terms of the referendum were announced in
September 2011 and polling day was scheduled
for 27 October 2011. Despite opinion polls
consistently indicating support for the
amendment, the amendment was narrowly
defeated. This report suggests a combination of
issues, including time constraints, lack of
information and debate, and opposition from the
legal profession, notably, eight former attorneys
general, ultimately contributed to the defeat of the
Oireachtas Inquiries referendum.
Government publishes wording of Abbeylara

referendum ...
THE GOVERNMENT HAS today published the wording of

its proposed referendum reversing the Abbeylara ruling and
giving Oireachtas committees the power to hold inquiries.
The wording of the bill officially the Thirtieth Amendment
to the Constitution Bill, 2011 was published this afternoon
by the Minister for Public Expenditure and Reform, Brendan
Howlin, who is responsible for governmental reform.
Howlin said the bill which amends Article 15.10 of the
Constitution will allow the Oireachtas to have an effective
system of inquiry, which can secure effective and cost-
efficient parliamentary scrutiny of issues of significant
public importance.
The bill is specifically intended to address the Supreme
Courts ruling in 2002 on the Abbeylara case, when it
affirmed an earlier High Court ruling that Oireachtas
inquiries did not have the power to make findings of fact or
expressions of opinion adverse to the good name or
reputation of citizens.
The Bill is set to be tabled in the Dil on Thursday, and is
due to have passed both the Dil and Seanad by Thursday
week, so that it can be put to a referendum alongside the
Presidential election next month.
Irish referendum law requires that at least 30 days notice be
given of a referendum meaning the government has until
September 27 to have the bill passed through both houses
and put forward to a public ballot.
The government also today published a draft version of a
new Houses of the Oireachtas (Powers of Inquiry) Bill,
which generally outlines the terms under which Oireachtas
committees will hold their inquiries if the referendum is
passed.
The government has sought feedback from any interested
parties on the content of the bill, and said it hopes to publish
a full version of the legislation later this autumn.
Wording of proposed amendment to the
Constitution
The existing Article 15.10 would be renumbered 15.10.1.
Three new subsections would be inserted as follows:
2 Each House shall have the power to conduct an inquiry,
or an inquiry with the other House, in a manner provided
for by law, into any matter stated by the House or Houses
concerned to be of general public importance.
3 In the course of any such inquiry the conduct of any

person (whether or not a member of either House) may be
investigated and the House or Houses concerned may make
findings in respect of the conduct of that person concerning
the matter to which the inquiry relates.
4 It shall be for the House or Houses concerned to
determine the appropriate balance between the rights of
persons and the public interest for the purposes of ensuring
an effective inquiry into any matter to which subsection 2
applies.
Draft General Scheme Judicial
Remuneration Bill 2011
Justice minister Alan Shatter has published draft legislation
which he says he will put to the Oireachtas if the referendum
is passed, allowing judges
http://www.justice.ie/en/JELR/Draft%20General%20Scheme%20of
%20Judicial%20Remuneration%20Bill.pdf/Files/Draft%20General
%20Scheme%20of%20Judicial%20Remuneration%20Bill.pdf
Childrens Referendum- ... Bill approved by Oireachtas in advance of
referendum which was held on Saturday 10th November, 2012
http://dcya.gov.ie/documents/aboutus/about_us_ga_240908/DCYA_A
nnual_Report_2012.pdf
Judges' Remuneration and Oireachtas Inquiries
Referendum on the Oireachtas Inquiries) Bill 2011
http://www.refcom.ie/en/Past-Referendums/Judges'-Remuneration-
and-Houses-of-the-Oireachtas-Inquiries-2011/Report/Report-on-the-
referendums-on-Judges'-Remuneration-and-on-Oireachtas-Inquiries-
2011.pdf
Irish Citizenship - The Referendum
Commission
Judges' Remuneration and Houses of the Oireachtas
Inquiries 2011
http://www.refcom.ie/en/past-referendums/irish-
citizenship/report-on-the-referendum-on-irish-
citizenship.pdf
Constitution and Powers

Article 15[edit]
The National Parliament shall be called and known, and is
in this Constitution generally referred to, as the
Oireachtas.
The Oireachtas shall consist of the President and two
Houses, viz.: a House of Representatives to be called Dil
ireann and a Senate to be called Seanad ireann.
The Houses of the Oireachtas shall sit in or near the City of
Dublin or in such other place as they may from time to
time determine.
The sole and exclusive power of making laws for the State
is hereby vested in the Oireachtas: no other legislative
authority has power to make laws for the State.
Provision may however be made by law for the creation or
recognition of subordinate legislatures and for the powers
and functions of these legislatures.
The Oireachtas may provide for the establishment or
recognition of functional or vocational councils
representing branches of the social and economic life of
the people.
A law establishing or recognising any such council shall
determine its rights, powers and duties, and its relation to
the Oireachtas and to the Government.
The Oireachtas shall not enact any law which is in any
respect repugnant to this Constitution or any provision
thereof.
Every law enacted by the Oireachtas which is in any
respect repugnant to this Constitution or to any provision
thereof, shall, but to the extent only of such repugnancy,
be invalid.
The Oireachtas shall not declare acts to be infringements
of the law which were not so at the date of their
commission.
The Oireachtas shall not enact any law providing for the
imposition of the death penalty.[7]
The right to raise and maintain military or armed forces is
vested exclusively in the Oireachtas.
No military or armed force, other than a military or armed
force raised and maintained by the Oireachtas, shall be
raised or maintained for any purpose whatsoever.
The Oireachtas shall hold at least one session every year.
Sittings of each House of the Oireachtas shall be public.
In cases of special emergency, however, either House may
hold a private sitting with the assent of two-thirds of the
members present.
Each House of the Oireachtas shall elect from its members
its own Chairman and Deputy Chairman, and shall
prescribe their powers and duties.
The remuneration of the Chairman and Deputy Chairman
of each House shall be determined by law.
Each House shall make its own rules and standing orders,
with power to attach penalties for their infringement, and
shall have power to ensure freedom of debate, to protect
its official documents and the private papers of its
members, and to protect itself and its members against
any person or persons interfering with, molesting or
attempting to corrupt its members in the exercise of their
duties.
All questions in each House shall, save as otherwise
provided by this Constitution, be determined by a majority
of the votes of the members present and voting other than
the Chairman or presiding member.
The Chairman or presiding member shall have and
exercise a casting vote in the case of an equality of votes.
The number of members necessary to constitute a
meeting of either House for the exercise of its powers shall
be determined by its standing orders.
All official reports and publications of the Oireachtas or of
either House thereof and utterances made in either House
wherever published shall be privileged.
The members of each House of the Oireachtas shall,
except in case of treason as defined in this Constitution,
felony or breach of the peace, be privileged from arrest in
going to and returning from, and while within the precincts
of, either House, and shall not, in respect of any utterance
in either House, be amenable to any court or any authority
other than the House itself.
No person may be at the same time a member of both
Houses of the Oireachtas, and, if any person who is
already a member of either House becomes a member of
the other House, he shall forthwith be deemed to have
vacated his first seat.
The Oireachtas may make provision by law for the
payment of allowances to the members of each House
thereof in respect of their duties as public representatives
and for the grant to them of free travelling and such other
facilities (if any) in connection with those duties as the
Oireachtas may determine.
Dil ireann[edit]
Article 16[edit]
Every citizen without distinction of sex who has reached
the age of twenty-one years, and who is not placed under
disability or incapacity by this Constitution or by law, shall
be eligible for membership of Dil ireann.
Every citizen without distinction of sex who has reached
the age of[8] twenty-one years[9] eighteen years[10] who
is not disqualified by law and complies with the provisions
of the law relating to the election of members of Dil
ireann, shall have the right to vote at an election for
members of Dil ireann.[8]
All citizens, and
such other persons in the State as may be determined by
law,
without distinction of sex who have reached the age of
eighteen years who are not disqualified by law and comply
with the provisions of the law relating to the election of
members of Dil ireann, shall have the right to vote at an
election for members of Dil ireann.[11]
No law shall be enacted placing any citizen under

disability or incapacity for membership of Dil ireann on
the ground of sex or disqualifying any citizen or other
person[11] or other person from voting at an election for
members of Dil ireann on that ground.
No voter may exercise more than one vote at an election
for Dil ireann, and the voting shall be by secret ballot.
Dil ireann shall be composed of members who represent
constituencies determined by law.
The number of members shall from time to time be fixed
by law, but the total number of members of Dil ireann
shall not be fixed at less than one member for each thirty
thousand of the population, or at more than one member
for each twenty thousand of the population.
The ratio between the number of members to be elected
at any time for each constituency and the population of
each constituency, as ascertained at the last preceding
census, shall, so far as it is practicable, be the same
throughout the country.
The Oireachtas shall revise the constituencies at least
once in every twelve years, with due regard to changes in
distribution of the population, but any alterations in the
constituencies shall not take effect during the life of Dil
ireann sitting when such revision is made.
The members shall be elected on the system of
proportional representation by means of the single
transferable vote.
No law shall be enacted whereby the number of members
to be returned for any constituency shall be less than
three.
Dil ireann shall be summoned and dissolved as provided
by section 2 of Article 13 of this Constitution.
A general election for members of Dil ireann shall take
place not later than thirty days after a dissolution of Dil
ireann.
Polling at every general election for Dil ireann shall as
far as practicable take place on the same day throughout
the country.
Dil ireann shall meet within thirty days from that polling
day.
The same Dil ireann shall not continue for a longer

period than seven years from the date of its first meeting:
a shorter period may be fixed by law.
Provision shall be made by law to enable the member of
Dil ireann who is the Chairman immediately before a
dissolution of Dil ireann to be deemed without any
actual election to be elected a member of Dil ireann at
the ensuing general election.
Subject to the foregoing provisions of this Article, elections
for membership of Dil ireann, including the filling of
casual vacancies, shall be regulated in accordance with
law.
Article 17[edit]
As soon as possible after the presentation to Dil ireann
under Article 28 of this Constitution of the Estimates of
receipts and the Estimates of expenditure of the State for
any financial year, Dil ireann shall consider such
Estimates.
Save in so far as may be provided by specific enactment in
each case, the legislation required to give effect to the
Financial Resolutions of each year shall be enacted within
that year.
Dil ireann shall not pass any vote or resolution, and no

law shall be enacted, for the appropriation of revenue or
other public moneys unless the purpose of the
appropriation shall have been recommended to Dil
ireann by a message from the Government signed by the
Taoiseach.
Seanad ireann[edit]
Article 18[edit]
Seanad ireann shall be composed of sixty members, of
whom eleven shall be nominated members and forty-nine
shall be elected members.
A person to be eligible for membership of Seanad ireann
must be eligible to become a member of Dil ireann.
The nominated members of Seanad ireann shall be
nominated, with their prior consent,[5] by the Taoiseach
with their prior consent[12] who is appointed next after
the re-assembly of Dil Eireann following the dissolution
thereof which occasions the nomination of the said
members[5].
The elected members of Seanad ireann shall be elected
as follows:
Three shall be elected by the National University of
Ireland.
Three shall be elected by the University of Dublin.
Forty-three shall be elected from panels of candidates
constituted as hereinafter provided.
Provision may be made by law for the election, on a
franchise and in the manner to be provided by law, by one
or more of the following institutions, namely:
the universities mentioned in subsection 1 of this
section,
any other institutions of higher education in the State,
of so many members of Seanad ireann as may be fixed
by law in substitution for an equal number of the members
to be elected pursuant to paragraphs i and ii of the said
subsection 1.
A member or members of Seanad ireann may be elected
under this subsection by institutions grouped together or
by a single institution.[13]
Nothing in this Article shall be invoked to prohibit the

dissolution by law of a university mentioned in subsection
1 of this section.[13]
Every election of the elected members of Seanad ireann
shall be held on the system of proportional representation
by means of the single transferable vote, and by secret
postal ballot.
The members of Seanad ireann to be elected by the
Universities shall be elected on a franchise and in the
manner to be provided by law.
Before each general election of the members of Seanad
ireann to be elected from panels of candidates, five
panels of candidates shall be formed in the manner
provided by law containing respectively the names of
persons having knowledge and practical experience of the
following interests and services, namely:
i National Language and Culture, Literature, Art, Education
and such professional interests as may be defined by law
for the purpose of this panel;
ii Agriculture and allied interests, and Fisheries;
iii Labour, whether organised or unorganised;
iv Industry and Commerce, including banking, finance,
accountancy, engineering and architecture;
v Public Administration and social services, including
voluntary social activities.
Not more than eleven and, subject to the provisions of
Article 19 hereof, not less than five members of Seanad
ireann shall be elected from any one panel.
A general election for Seanad ireann shall take place not
later than ninety days after a dissolution of Dil ireann,
and the first meeting of Seanad ireann after the general
election shall take place on a day to be fixed by the
President on the advice of the Taoiseach.
Every member of Seanad ireann shall, unless he dies,
resigns, or becomes disqualified, continue to hold office
until the day before the polling day of the general election
for Seanad ireann next held after his election or
nomination.
Subject to the foregoing provisions of this Article elections
of the elected members of Seanad ireann shall be
regulated by law.
Casual vacancies in the number of the nominated
members of Seanad ireann shall be filled by nomination
by the Taoiseach with the prior consent of persons so
nominated.
Casual vacancies in the number of the elected members of
Seanad ireann shall be filled in the manner provided by
law.
Article 19[edit]
Provision may be made by law for the direct election by
any functional or vocational group or association or
council of so many members of Seanad ireann as may be
fixed by such law in substitution for an equal number of
the members to be elected from the corresponding panels
of candidates constituted under Article 18 of this
Constitution.
http://www.thejournal.ie/government-publishes-wording-of-
abbeylara-referendum-224400-Sep2011/
The referendum was lost because we didn't want our useless and
corrupt politicians interfering with the justice system, it blurred the
lines between the judicial system and the legislative system and you
can blame the politicians for the referendum's failure.
Personally I am far more concerned about Phil Hogan decision to

shut down all the enquiries into local government corruption as soon
as he entered government. The fact that FG and Labour have been
involved in running many of these councils and the recent
revelations about Reilly, Mitchell etc. suggests a huge cover up.
Ibis excellently summed up the major problems with Brendan
Howlin's wording (as opposed to the similar wording originally
recommended by the Oireachtas committee). If Howlin had
simply gone with the original recommendation (perhaps the
75%+ opinion polls made him overly confident and decide to
go for the court-free version) the amendment would easily
have sailed through.
But this whole form of public inquiry is probably being

somewhat oversold. Came across an interesting talk by Eoin
O'Malley on parliamentary inquiries (political scientist in DCU)
around the time of the referendum. One of his arguments was
that parliamentary inquiry mechanisms in most European
countries are government-controlled. Initiating an inquiry or
setting its terms of reference requires a parliamentary
majority. And guess what? Such public inquiries almost never
ask hard questions of sitting governments (with a few rare
exceptions where perhaps there's a minority government). So
parliamentary inquiries aren't really an avenue by which a
parliament can extract much accountability from a
government. But exceptions to this rule occur in countries
where something other than a majority of MPs can trigger an
inquiry. There are several countries where a parliamentary
minority can trigger an inquiry and set its terms of reference
(Germany is the most notable example of this where a quarter
of Bundestag MPs has this power but there are some others
which usually require a third of MPs). Or inquiries are effective
in Australia where a directly-elected (and quite powerful)
Senate can initiate public inquiries in its own right. For
inquiries that can be triggered by parliamentary minorities,
there seem to be two main models. Sometimes there's a
requirement that half of the committee of inquiry consists of
opposition MPs. In the German case, the rights of the minority
(proportionally represented on the committee) are protected
(and the constitutional court has stood over these). The
minority on the committee can compel witnesses in its own
right. It has rights as to how the inquiry is conducted and its
(perhaps dissenting) conclusions have also to be included in
the final report.
In some senses the German provision (article 44) would be

court-free. The final report and decisions of the inquiry are
immune from court challenge (it can basically say anything).
But the German mechanism makes a very good contrast with
our own recent attempt.
German inquiries have to be held in public unless a 2/3

majority decides otherwise (rather like Dil ireann public
sittings are the default, same with our courts). The failed OI
amendment didn't address this issue, which was unsatisfactory
for the sweeping powers it conferred.
The German article says: "The rules of criminal procedure shall

apply mutatis mutandis to the taking of evidence. The privacy
of correspondence, posts and telecommunications shall not be
affected. "
So surveillance and interception of communications is ruled
out. Search warrants and taking of evidence have to conform
to the same standards as criminal cases, i.e. a judge has to be
satisfied they are warranted in the public interest. It wasn't at
all clear from the OI amendment whether such protections
could be set aside. Or the power to go after journalistic
sources was another matter not dealt with.
The German mechanism is well integrated with their court

system (much easier, admittedly, in most Continental legal
systems). The UK, without a written constitution, wouldn't
have much of a problem either handing over a matter from an
inquiry to the police. But an inquiry here could so easily wreck
a potential court case (a TD would so easily blurt out the
wrong thing, the potential even exists for this to be done
deliberately). Perhaps a constitutional provision could
immunize the legal system from such events? Maybe an OI
amendment could state OI findings wouldn't/couldn't
compromise a legal case? I'm not a lawyer. But this was yet
another issue the OI amendment didn't deal with.
There are perhaps arguments in favour of immunizing certain

aspects of the inquiry process from the courts, but any such
exclusions should be very carefully delimited, which the OI
amendment didn't do at all. And, if we are really serious about
making the government more accountable to the Dil, then a
provision to allow a Dil minority to initiate an inquiry should
be included. An expert (must try to dig up the link and the
name) actually argued to the Oireachtas committee, which
drew up the first wording and of which Brendan Howlin was a
member, that it would be a good idea to simply adapt and use
the German provision.
In the recent treaty referendum over half of those who voted NO did
so on the basis of "anti-Government" and a "Distrust of politicians
(the yes ones presumably)
Rationality didn't come into it

Wrong! Majority of people voted NO! Because the political class
themselves are not accountable to anybody... also the fact
most people believe there are serious conflicts of interest
between the political class and the banking sector.... I also ask
you to read the full article...
Quote "Irish political class's direct experience of the European

parliament, where committees wield real clout and would
never accept outside interferenc, Oireachtas members show no
sign of asserting their independence and standing up for
themselves.
One wonders if their SUBSERVIENCE is so ingrained that they

are unaware of it?."
Quote " If the U.S. supreme court ever attempted to curb the
powers of congress as it's Irish counterpart did in the
Abbeylara case, there would be a full blown constutitional
crisis."
RTE debate, and appears never to have read the cases on the
manner in which the right to judicial review was restricted in
relation to immigration and asylum matters.
Moreover, what Article 34.4.1 actually says is: "The Court of
final appeal shall be called the Supreme Court".
http://www.taoiseach.gov.ie/eng/Yout...March_2012.pdf
before the referendum date. My dad's die-hard FG and he
voted against the referendum because he saw clearly how it
could be abused. God know's my dad's no bleeding heart lefty
civil-libertarian and he could see the huge potential for abuse.
Polls Confirm 14% Fall in Support for Oireachtas
Referendum
V 23-10-2011
V Categorized in: Justice
Sunday 23 October 2011

Breaking News ---- REACTION TO SUNDAY TIMES AND SUNDAY
INDEPENDENT REFERENDUM POLLS
Polls Confirm 14% Fall in Support for Oireachtas Referendum
Polls in two leading Sunday newspapers confirm that support for the
Government's Oireachtas referendum proposals fell by 14% in just two
days last week.
The sharp decline in support for the 30th amendment to the Constitution
coincided with the launch last Friday of the official campaign for a NO vote
by the Irish Council for Civil Liberties (ICCL) Association.
Figures in the Sunday Independent / Quantum Research poll taken after

the NO campaign launch show 14% less support for the Government's
proposals than the Sunday Times Behaviour & Attitudes Poll carried out
between Sunday and Tuesday last week.
ICCL Director Mr Mark Kelly said:
The Government's referendum wording was published only a week before
polling day. Two different newspaper polls today demonstrate a sharp
decline of 14% in support for the Governments proposals on the launch
day of the NO campaign.
We are confident that, as more people read their Referendum
Commission booklet and think through the implications of this power grab
by the Oireachtas, support for the Governments proposals will continue to
plummet. To those whose lives are too busy to allow them to reflect on
major Constitutional reform in less than a week, our message is simple: if
in doubt, vote NO Mr Kelly added.
For further information, see the note below, and/or contact:
Walter Jayawardene
Communications Manager
Irish Council for Civil Liberties
9-13 Blackhall Place
Dublin 7
Ireland
Tel. + 353 1 799 4503

Mob: +353 87 9981574
walter.jayawardene@iccl.ie
NOTES TO JOURNALISTS:
The Sunday Independent/Quantum poll was published today on page 5 of

the Sunday Independent and is available at
http://www.independent.ie/national-news/polls-predict-the-yes-votes-
have-it-2914388.html
The Sunday Times Behaviour & Attitudes Poll is on page 2 of todays

Sunday Times - reported on RTE's website HERE.
The ICCL Associations Vote No to the 30th Amendment leaflet is available

online HERE and via the campaign website www.kangaroocourts.net
A photo launch of No to the 30th Amendment Campaign mobile billboard

roadshow and poster campaign will be held on Dublins Kildare street at
12.30, Monday 24 October 2011:
V Tee shirt-wearing campaign volunteers including two life-sized

Kangaroos will be handing out leaflets warning of danger of Kangaroo
courts if referendum is passed
V Backdrop will be the newly-launched mobile billboard trucks
emblazoned with the call to "Vote NO to Kangaroo Courts"
The No to the 30th Amendment Campaign was launched at The Westbury
Hotel, Grafton Street, Dublin 2 at 12.30pm on Friday 21 October 2011.
The campaign is being spearheaded by the Irish Council for Civil Liberties
(ICCL) Association.
Speakers at the press conference represented a spectrum of political,
academic and civil society opinion. They were:
Mark Kelly, International human rights lawyer and Director of the
Irish Council for Civil Liberties
Catherine Murphy TD. Catherine Murphy is an independent TD
for Kildare North, Technical Group, Dil ireann.
Senator Rnn Mullen. Senator Mullen has been an independent
Senator for the National University of Ireland since 2007.
Mary ORourke. Mary ORourke served as Minister for Education
(198791), Minister for Health (199192), Minister for Public Enterprise
(19972002), and served as the chair of the Oireachtas joint committee
on the constitutional amendment on children. She was also a member of
Seanad ireann from 200207.
Professor Gerry Whyte. Gerard Whyte is an Associate Professor
of Law in Trinity College Dublin He has published extensively in the areas
of public interest law, constitutional law, social welfare law and labour law.
He is also active in a number of social justice and legal aid organisations.
Oisn Quinn SC. Oisn Quinn is a Senior Counsel
Donncha OConnell. Donncha OConnell is a member of faculty at
NUI Galways College of Business, Public Policy & Law. He was called to
the Irish Bar in 1992 and joined the Faculty of Law at NUI Galway (then
UCG) in 1993 having completed an LL.M at the University of Edinburgh.
From 1999 to 2002, he was the first full-time Director of the Irish Council
for Civil Liberties.
The 30th Amendment to the Constitution What is it about?
On Thursday 27 October 2011 (the day of the Presidential election) people

will be asked to vote in two referenda amending the Constitution.
In addition to a referendum is on reducing judicial pay in certain

circumstances, there will also be a vote on the expansion of the powers of
the Oireachtas to conduct inquiries into matters of general public
importance the 30th Amendment to the Consititution.
The Government has also published the General Scheme of the Houses of
the Oireachtas (Powers of Inquiry) Bill 2011 (available at this link:
http://per.gov.ie/wp-content/uploads/Draft-Heads-Houses-of-the-
Oireachtas-_Powers-of-Inquiry_-Bill-20116.pdf), which gives an indication
of the shape of the legislation likely to be enacted in the event that the
latter amendment is passed.
The referendum on the 30th Amendment to the Consititution raises a

number of issues of concern for the NO campaign.
V At present, Article 15.10 of the Constitution states:
Each House shall make its own rules and standing orders, with power to
attach penalties for their infringement, and shall have power to ensure
freedom of debate, to protect its official documents and the private papers
of its members, and to protect itself and its members against any person
or persons interfering with, molesting or attempting to corrupt its
members in the exercise of their duties.
It is proposed to renumber this as 15.10.1 and to insert the following

subsections:
2 Each House shall have the power to conduct an inquiry, or an inquiry

with the other House, in a manner provided for by law, into any matter
stated by the House or Houses concerned to be of general public
importance.
3 In the course of any such inquiry the conduct of any person (whether
or not a member of either House) may be investigated and the House or
Houses concerned may make findings in respect of the conduct of that
person concerning the matter to which the inquiry relates.
4 It shall be for the House or Houses concerned to determine, with due

regard to the principles of fair procedures, the appropriate balance
between the rights of persons and the public interest for the purposes of
ensuring an effective inquiry into any matter to which subsection 2
applies.
From a rule-of-law perspective, the concerns of the NO campaign

include:-
The power to make findings in respect of the conduct of a person (section

3) potentially conflicts with the existing Constitutional right to a
good name (Article 40.3). The examples given by the (neutral)
Referendum Commission include findings that a person had, for example,
behaved in a corrupt manner or been responsible for the killing of another
person (see: http://www.referendum2011.ie/your-decision/referendum-
on-inquiries-by-the-oireachtas/finding-which-affects-a-persons-good-
name);
The extent to which fair procedures should apply when striking

an appropriate balance between the rights of persons and the
public interest shall be a matter solely for the Houses of the
Oireachtas to determine. The Referendum Commission has indicated
that It is not possible to state definitively what role, if any, the courts
would have in reviewing the procedures adopted by the Houses (see:
http://www.referendum2011.ie/your-decision/referendum-on-inquiries-
by-the-oireachtas/balance-of-rights-and-fair-procedures).
In other words, it is possible that the good name of a person could

be tarnished by an Oireachtas Committee through procedures that
fail to protect their rights, and that the inquiry process would not
be open to challenge in the Courts.
Information on the general nature of these proposals has been available

for around a month; however, the General Scheme of the Bill was only
published on 6 October 2011 and the Referendum Commission
guide on the two referenda was published one week ago, on 11
October 2011. It is inappropriate for such a potentially far-
reaching amendment to be rushed through the Oireachtas and put
before the people without mature consideration and adequate
debate.
What about the other referendum on Judges Pay?
The Irish Council for Civil Liberties Association is not campaigning on the
29th amendment to the Constitution (on the reduction in judges pay). The
ICCL believes that this referendum is unnecessary and that a
proportionate reduction in judges pay, in line with that already applied to
other senior public servants, could have been achieved without seeking to
amend the current wording of Article 35.5 of the Constitution.
Judges' Remuneration and Oireachtas

Inquiries 2011
Referendum on the Twenty-Ninth Amendment of
the Constitution
(Judges' Remuneration ) Bill 2011
A referendum on a proposal to amend the Constitution in relation to
whether the pay of judges can be reduced in certain circumstances was
held on 27 October 2011.
The proposed change to the Constitution would allow for a law to be
passed reducing the pay of judges proportionately if the pay of public
servants is being or has been reduced and that reduction is stated to be "in
the public interest".
The proposal would also allow for a law to be passed making judges
subject to the "Public Service Pension Levy" and to any other future similar
charge or charges.
The proposal was approved by the people. For further information about
the votes cast, see -
http://www.environ.ie/en/LocalGovernment/Voting/Referenda/PublicationsD
ocuments/FileDownLoad,1894,en.pdf
http://www.iccl.ie/news/2011/10/23/-polls-confirm-14-fall-in-support-for-
oireachtas-referendum.html
Referendum on the Thirtieth Amendment of the

Constitution
(Houses of the Oireachtas Inquiries) Bill 2011
A referendum on a proposal to amend the Constitution to give the Houses
of the Oireachtas express power to conduct inquiries into matters of
general public importance and, in doing so, to make findings of fact about
any person's conduct, was held on 27 October 2011.
The proposed change to the Constitution would mean that:
The Dil and the Seanad, either separately or together, would have the
power to conduct an inquiry into any matter that either or both considered
to be a matter of general public importance. Legislation would be required
to be introduced to set out the details of how such inquiries would take
place.
When conducting any such inquiry, either or both Houses would have the
power to inquire into the conduct of any person and the power to make
relevant findings about that person's conduct.
The Dil and/or the Seanad would have the power to determine the
appropriate balance between the rights of people involved in any such
inquiry and the requirements of the public interest. When doing so, they
would be obliged to have regard for the principles of fair procedures. These
principles have been established by the Constitution and by the Courts.
At the end of an article dealing largely with the dispiriting response
to the Public Accounts Committee (PAC) report on the banking
collapse, Dan O'Brien sharply criticises those who engineered a "no"
in last year's Oireachtas Inquiry referendum. Thanks to their activity,
the referendum was voted down and this "all but ensures that
knowledge of the banking collapse will never advance much beyond
what is known already".
So, the next time you see someone here giving out about the lack of
accountability re the bank guarantee etc. or indeed the cost of
tribunals, check the Oireachtas Inquiry forum to see what attitude
they took to last year's referendum. Anyone who urged a "no" vote
and has a problem with the pace of inquiries should be dismissed
and laughed off these boards for the fools they are.
Banking collapse likely to remain a mystery - The Irish Times - Fri, Jul
13, 2012
My God you are thick.
First, the Commission of Inquiry Act 2004 should cover all the
requirements to carry out investigations. It stops short at
attaching adverse personal findings, which is the job of the
Courts.
Second, our Separation of Powers is imperfect at best.

However, that does not mean that we should go the whole hog
and vest quasi-judicial powers in the fused Executive-
Legislature. The Legislature can make itself useful in other
ways, and it does not need to take power from the Judiciary to
gain relevant.
Third, the referendum was ultimately supported by Labour,
Fine Gael and the Shinners. In fact two of thos who
spearheaded the farce were criticised as part of the Abbeylara
Judgement10% of Fianna Fail's Dail representation, the ULA, a
plethora of independent TD's (Ross, Donnolly), the Irish
Council for Civil Liberties, 8 ex-Attorney's Generals, the
majority of legal academics (Estelle Feldman, Gerry Whyte),
and journalists like McDonnell and Browne opposed the
referendum. The Independent Referendum Commission also
pointed to how flawed the wording was, and how it was liable
to ensure the insertion of subjective terminology into the
Consitution.
Fourth, the amendment was insufficient insofar as it clearly

stated that procedure was to be determined by the
Committee, and it was completely silent as to recourse to the
Courts.
Proposed Amendment of Article 15 of the Constitution
The Houses of the Oireachtas shall have the power to inquire into
any matter of general public importance.
In the course of such inquiry the Houses may investigate any

individual and make findings in relation to their conduct.
The conduct of such inquiries shall be regulated by law. Such law

shall balance the rights of the individual with the public interest in
the effective investigation of matters of general public importance.
http://www.oireachtas.ie/documents/c...fth_Report.pdf
This was what was proposed by the government:
2 Each House shall have the power to conduct an inquiry, or an

inquiry with the other House, in a manner provided for by law, into
any matter stated by the House or Houses concerned to be of
general public importance.
3 In the course of any such inquiry the conduct of any person

(whether or not a member of either House) may be investigated and
the House or Houses concerned may make findings in respect of the
conduct of that person concerning the matter to which the inquiry
relates.
4 It shall be for the House or Houses concerned to determine, with

due regard to the principles of fair procedures, the appropriate
balance between the rights of persons and the public interest for the
purposes of ensuring an effective inquiry into any matter to which
subsection 2 applies.
The first version offers two defences to those being
investigated - first, that the matter being investigated is not of
"general public importance", and second, that their rights are
not being adequately respected. In both cases those being
investigated have recourse to the law.
In the second version, both those defences are stripped away -

the Oireachtas decides what is to be considered of general
public importance, with no recourse. And the Oireachtas
decides what balance of rights is available to those being
investigated.
Those are virtually unfettered powers, with only self-regulation

by the Oireachtas offered as a protection to the individual in
front of such an inquiry. And those powers will be, in essence,
handed to the government of the day, because the
government commands whipped majorities in both Houses.
This is, therefore, a tool in the hands of the government, not
the Oireachtas, despite the title.
The amendment as proposed does not "bring Ireland into line

with other European democracies" - the unfettered nature of
the powers handed to the government go beyond what is
available elsewhere, and that they are being handed to the
government by virtue of other constitutional weaknesses in the
Irish system makes a mockery of any comparison to other
systems of parliamentary inquiry, whose main benefit and
often purpose is the capacity to hold the government itself to
account.
This proposal looks on the face of it to be equivalent to other

countries' parliamentary inquiry system, but those are tools of
their democratically elected chambers, not of their executives.
Finally, the questions were posed; should every TD be made a
quasi-judge? Should TD's be vested with a power which could
be misused in a manner which would maximise political cudos.
Should TD's who may have made prejudicial statements in
relation to individuals or classes of individual (especially Banks
and Bankers) be entitled to impose on them an adverse
finding? Why should Judicial Power be ceded to appease TD's
whose role is almost redundant? The amendment was flawed,
dangerous, and raised far too many questions. It was faced
down by credible and forensic scrutiny, and was subject to
some of the most constructive criticism ever seen in
referendum history (i.e. John Rogers's alternative wording
proposal which he illustrated on Drivetime). When the tables
turned Shatter, Howlin, and Rabbitte decided to make it about
the Legal Profession, and income generation, as opposed to
dealing with the substantive issue of the text of the
referendum. They also drew a false analogy with the Murdoch
inquiry, which was in no way comparable to the proposal at
hand. Ultimately, the proposal failed for multiple reasons, but
the No campaign should not be "blamed" for anything.
Proposed Referendum to amend the Constitution to enable the

Houses of the Oireachtas to undertake full inquiries & Overview of
the Proposed System of Oireachtas Inquiry
http://cdn.thejournal.ie/media/2011/09/20110912referendumnote.pd
f
HOUSES OF THE OIREACHTAS (POWERS OF INQUIRY) BILL 2011
http://cdn.thejournal.ie/media/2011/09/20110912headsofbill.pdf
30th amendment - University College Dublin
documents and the private papers of its members, ... The
referendum will allow the Oireachtas ... It cannot be
assumed that Oireachtas inquiries will be cheaper than .
http://www.ucd.ie/t4cms/Guide_to_the_30th_amendment.pdf
The Israeli Referendum: A Politico-legal
Assessment of ...
an example of representative democracy
with authoritative ... and the Irish divorce
referendum in ... The courts thus rejected
a challenge
http://www.iandrinstitute.org/docs/Qvortrup-
The-Israeli-Referendum-IRI.pdf
a Fail
Katherine Zappone's Statement on Maurice McCabe
BREAKING: Children's Minister Katherine Zappone said she
has not considered resigning over the Maurice McCabe-
Tusla revelations.
Speaking for the first time publicly today since the scandal
broke, she said that she spoke to Taoiseach Enda Kenny
about her meeting with Maurice McCabe regarding Tusla,
but did not go into detail about the allegations
themselves: http://jrnl.ie/3237811f
Taylor also made a protected disclosure last year alleging
he took part in black propaganda after being ordered to
discredit McCabe.
In it he alleged that he was instructed or directed by
Callinan and/or Nirn OSullivan (who was Deputy
Commissioner at the time) to maliciously brief the media
about Sergeant Maurice McCabe and encourage them to
write negative stories about him.
Former head of the Garda Press Office cleared of

leaking sensitive information to the media
I have waited a long time for this decision to be made. It has been
an incredibly stressful and difficult time for my family and myself.
THEJOURNAL.IE|BY CLIODHNA RUSSELL
Former head of the Garda

Press Office cleared of leaking
sensitive information to the
media
I have waited a long time for this decision to be made. It has been an
incredibly stressful and difficult time for my family and myself.
February 13, 17
THE FORMER HEAD of the Garda Press Office has been

cleared by the DPP of leaking sensitive information to the
media.
Superintendent David Taylor was arrested on suspicion of
leaking information to journalists about two Roma children
being removed from their families in May 2013.
He was questioned and then suspended for the past 22
months.
In a statement David Taylor said, After almost two years
under formal Garda investigation I have been informed
today that a decision has been made not to prosecute me. I
await a copy of the Director of Public Prosecutions letter.
I have waited a long time for this decision to be made. It has
been an incredibly stressful and difficult time for my family
and myself.
I would like to thank my friends and colleagues who

supported me throughout this time.
I have now been vindicated and I will shortly be resuming
that part of my life which has been put on hold since the
start of this process.
Its expected that Taylor will be asked to return to the force
following todays development.
Taylor also made a protected disclosure last year alleging he
took part in black propaganda after being ordered to
discredit McCabe.
In it he alleged that he was instructed or directed by
Callinan and/or Nirn OSullivan (who was Deputy
Commissioner at the time) to maliciously brief the media
about Sergeant Maurice McCabe and encourage them to
write negative stories about him.
Supreme Court Justice Peter Charleton will investigate the
allegations, and what former Commissioner Martin Callinan
and Noirn OSullivan knew about them, in a commission of
investigation.
The Commission will examine all mobile phone records
from David Taylor, Martin Callinan and Noirn OSullivan
between 1 July 2012 and 31 May 2014 to look for any records
relating to the allegations. It will also examine all electronic
and paper files relating to Maurice McCabe held by An
Garda Sochna.
http://www.thejournal.ie/david-taylor-dpp-
3237828-Feb2017/
McCabes release new statement calling

for full public inquiry
Whistleblower Maurice McCabe has said he is opposed to
any inquiry into an alleged smear campaign against him
being held in private.
The statement by the McCabes puts into doubt the
Charleton Inquiry announced by the Government last
week, with the McCabes now calling for a full public
inquiry.
"Today, we have heard one Minister, Simon Harris, state

that we are entitled to "truth and justice".
"We wish to make it clear that we are definitely not

agreeable to that entitlement being wholly postponed so
that another Commission of Inquiry can conduct a secret
investigation behind closed doors and make a report, into
which we have no input as of right, in nine or eighteen
months' time.
"We are entitled to the truth today- justice can follow in its
wake," the statement said.
Read the full statement by Maurice and Lorraine

McCabe released Monday February 13, 2017
We have endured eight years of great suffering, private

nightmare, public defamation, and state vilification arising
solely out from the determination of Maurice to ensure
that the Garda Siochana adheres to decent and
appropriate standards of policing in its dealings with the
Irish people.
Our personal lives and our family life, and the lives of our
five children, have been systematically attacked in a
number of ways by agencies of the Irish state and by
people working for the state in those agencies.
These events have, one way or another, given rise to a

long series of state investigations, ranging from internal
Garda investigations (disciplinary and administrative), the
Fennelly Commission, the O'Higgins Commission, several
GCOC investigations (some of them targeted indirectly at
Maurice), and investigations within HSE and Tusla (some
of them targeted at both of us and some of them
concerning what those agencies have done to us) and the
reports of Sean Guerin SC and former Judge larfhlaith
O'Neill. All of these have taken place in private.
We have also been the subject of a long and sustained

campaign to destroy our characters in the eyes of the
public, and public representatives and in the eyes of the
media.
Today, we have heard one Minister, Simon Harris, state

We wish to make it clear that we are definitely not
months' time.
We are entitled to the truth today- justice can follow in its
wake.
The Need For A Public Inquiry

Our experience of the O'Higgins Commission of
Investigation is too fresh in our minds to allow for a
repetition. Although that Commission investigated a
number of serious instances of malpractice in the policing
function in Bailieboro and upheld Maurice's complaints in
respect of all of them, the public has never been made
aware that, throughout the proceedings before that
Commission, Maurice, at the hands of the legal team
representing the current Commissioner, was cast in the
role of culprit and/or defendant, and as a person making
those complaints in bad faith and without cause.
When challenged in that respect, that legal team sought
and obtained confirmation from the present Commissioner
that they did so on her personal instructions.
Because the 2004 Act prohibits under pain of criminal law

the publication of the actual evidence tendered to such
Commissions, the public has little or no appreciation of
what was done, and attempted to be done, to Maurice in
the course of its hearings.
For example, against the background of the current Tusla

controversy, the entirely false allegation made of sexual
abuse in 2006 against Maurice was repeatedly the subject
of attempts at introduction in the proceedings for the
purpose of discrediting his motives and testimony.
The entire transcript of that Commission (to which we still

have access) is also in the possession of the Minister for
Justice and Equality and the foregoing comments can
easily be verified by inspecting same.
For these reasons, we have consistently submitted that

any further inquiry into these matters must be a public
inquiry.
Now that the truth has emerged of the false and shocking
campaign to vilify us and discredit us, there is no reason
to have any secret or private inquiry under the 2004 Act.
The Truth Now:
August 2013
We are now aware from the Tusla file that when the latest
version of the false accusation of sexual abuse, now
including an accusation of a rape offence, was made in
2013, the HSE wrote to Supt. Noel Cunningham, who had
investigated the false claim in 2006, at Monaghan Garda
station on 15th August 2013, seeking a meeting to discuss
the matter "prior to making any contact with the alleged
perpetrator''.
We are entitled to know now whether any such meeting or
discussion took place. If it did, the falsity of the rape
offence allegation would have been immediately apparent
to Supt. Cunningham and the claimed "error" would have
been discovered immediately. Some record of any such
meeting or phone discussion and some record of that
discussion, if it occurred, must exist.
May 2014
We are also aware from the Tusla file that the HSE
counsellor who had filed the false accusation of a rape
offence the previous August had been "made aware" by a
third party of the erroneous claim of a rape offence, and
had been contacted in a number of telephone calls by an
un-named person who informed her that the
Superintendent at.Bailieboro had still not been informed of
the error and had been requested to meet and discuss the
case with the Garda Commissioner, who was by this time
Commissioner O'Sullivan. These calls can only have been
made by someone in An Garda Siochana with considerable
knowledge of the force's treatment of the rape offence
allegation.
A solicitor has now informed the Sunday Times that his
client was contacted by the Gardai in May 2014 in
connection with a complaint alleged to have been made
by her in 2013. The solicitor claims that it was made clear
to the Gardai that no fresh complaint had been made by
his client and that the 2013 report to the Gardai was done
without her authority or consent.
Simple Questions
We now want to have simple answers to the following
questions:
Did the requested meeting or phone conversation with

Supt. Cunningham as sought by the HSE in August 2013
take place?
Who was/were the Gardai who made/received phone

calls to/from the HSE counsellor concerning the false rape
offence allegation?
Who interviewed the alleged victim in respect of that

allegation in May 2014 as claimed by her solicitor?
Was any of the foregoing Garda activity reported or

recorded within An Garda Siochana?
Was any of the foregoing Garda activity notified formally

or informally to senior Gardai at Commissioner level, and
if not why not?
Was any decision made not to inform Maurice of the

making of the 2013 allegation, and if so why and by
whom?
These are simple factual questions to which we, and the

Irish public, and their representatives in Dail Eireann are
entitled to simple factual answers now.
These are also questions to which the Minister for Justice

(under section 40 of the Garda Siochana Act, 2005), the
Minister for Children (under section 69 of the Childcare Act
1991) and the Minister for Health (under section 10 of the
Health Act 2004) are entitled to answers from the
Commissioner, Tusla and the HSE.
Given that false allegations of sexual abuse made against

Maurice were given wide currency by being leaked to the
media and that they were discussed in Dail Eireann on
19th June 2014, we are entitled to know and to be
informed by members of Dail Eireann acting on our behalf
and on behalf of all citizens concerned with the truth of
these matters, whether the present or former members of
the Government (including the Taoiseach, the persons
acting as Minister for Justice and the Minister for Children
since 2013, or the Department of Justice) were briefed
formally or informally of the making of such allegations at
any time by the Garda Siochana, or by the Commissioner
for the time being of An Garda Siochana at any time since
August 2013.
These are all matter which can be answered without any
public inquiry under statute. The answers, if truthfully
given now, would not prejudice any later inquiry and could
well assist such an inquiry.
We know that the present Commissioner of An Garda

Siochana has claimed in public to be supportive of us
while seeking ih private to discredit Maurice McCabe
before the O'Higgins Commission.
We have witnessed with growing disbelief her denials of

involvement in discrediting Maurice. If the foregoing
questions are answered truthfully and in public now, the
public will be in a position to know who to believe.
http://www.irishexaminer.com/breakingnews/i
reland/mccabes-release-new-statement-
calling-for-full-public-inquiry-776969.html
Excellent article ! A must read if you want to know what's
going on. The gombeens in Dail Eireann and their Civil
servant lackeys trampling on our constitutional rights and
we let them get away with it over and over again ! 'The
I'm all right Jack' attitude of the general population has to
stop ! How many more John Wilson , Morris McCabe , Joe
Doocey , Stephen T Manning , Colm Granahan 's and
countless others will it take before people wake up and put
an end to this carry on ... ? The system is truly and
honestly fucked and has to go , preferably 'Iceland
Style' ... let's throw these fuckers out and make a new
start. It's not going to be easy, but it's going to be worth
it ! ( Saturday morning rant over ! )
February 13, 17
INVESTIGATIVE REPORTERS HAVE over the past
day revealed details of false allegations of child sexual abuse
leveled at garda whistleblower, Sergeant Maurice McCabe.
Another commission of enquiry is NOT what's needed

here.
This latest shameful situation that has impacted the
McCabe family terribly is brought to you by the same gene
pool that covered up systemic child abuse by the clergy
and aspects of our education system FOR DECADES.
We do not need to see the sickness within Fine Gael and
Fianna Fil given another chance to create smoke screens,
waste hard pressed tax payers money and drag out
another self orchestrated scandal and buy the time to find
ways to make sure none of their backroom goons and
senior civil servants are held accountable.
You need to understand how deep this all goes. The
elected representatives are reprehensible on one level for
protecting and colluding with the disgusting individuals
who actually run the show.
Our system is rotten to the core and has been so since the
inception of the state. But, since the arms crisis in the
1970's to the bugging of journalists phones in the 1980's
to planning corruption exposed via the Mahon/Flood
tribunals and the beef exports scandals, not to mention
the Ansbacher trickery and countless other crimes against
citizens/taxpayers/Ireland that these individuals have
facilitated, benefited from and encouraged.
We need to be protesting and seeking resignations,
accountability, prosecution and results that show these
people that we've copped onto them once and for all. A
huge CLEAR OUT of every civil service department is
required and leadership that changes the mindset is
needed.
It's also very worrying that we have such a lame media
who are almost complicit as they persist in isolating each
case and reporting on it as though it's unique and then
moving on. We need journalism that joins up the dots and
fearlessly exposes the TRUTH. We do NOT have that, by
any stretch.
We are NEVER going to see an end to the sickness until we
see an end to the current SYSTEM.
Thursdays Prime Time report by Katie Hannon gave the
Irish public a shocking and deeply disturbing insight into
the torment and vilification endured by Irish
whistleblowers.
It is impossible to imagine what Maurice McCabe and his
family have suffered since he made the simple but
momentous decision to blow the whistle on garda
wrongdoing.
Maurice McCabes motivations, actions and findings have
been comprehensively vindicated by a series of official
enquiries and reports. There is no doubt as to Maurice
McCabes probity and integrity. However, as is the case for
anyone who speaks truth to power in Ireland, Sergeant
McCabe has not been rewarded. Instead, he has been
punished.
He has endured prolonged hostile scrutiny from sections
within the political establishment, senior gardai and Im
ashamed to say it some journalists. While it may be
impossible to fully comprehend the level of suffering
endured by this man and his wife and children, it is all too
easy to identify the toxic dynamic of whistleblower reprisal
that operates in Ireland.
In other democracies, the social value of whistleblowing is
widely recognised and rewarded. For example, in the United
States, whistleblowers are often awarded financial incentives
sometimes multi-million dollar rewards for calling a halt
to unethical, illegal or dangerous practices in the workplace.
Maurice McCabe
Source: Laura Hutton/RollingNews.ie
Ireland, however, is different. In almost every case
whether the whistleblower is in An Garda Siochana, the
Army, the HSE or the banking and financial services sector
the outcome of whistleblowing is inevitably whistleblower
reprisal of the most appalling nature.
What happened to me
I have personal experience of whistleblower reprisal. As a
young army officer and captain, between 1996 and 2000 I
conducted a PhD study into the experiences of female
soldiers, sailors and aircrew in the Irish Defence Forces. I
was given formal written permission by the military
authorities to conduct this research. Furthermore, I was
instructed in writing by the general staff to comply with the
regulations of the university and lodge the thesis to the
library of Dublin City University, where it remains as a
published document in the academic repository.
Unfortunately, like Sergeant Maurice McCabe in An Garda
Sochna, I found evidence of widespread wrong-doing
within our Defence Forces. I found evidence of explicitly
discriminatory and illegal policies and practices within the
Defence Forces as they applied to women. Some of these
sexist policies and practices were in breach of international
law, including the Geneva Conventions, EU law and Irish
equality legislation. Indeed, some of the policies were in
contravention of some of our Irish constitutional guarantees
around equality. The senior officers who promulgated and
implemented such policies were in breach of their solemn
oath of allegiance to Bunreacht na hEireann.
My research also found evidence of shockingly high levels of

bullying and harassment of female personnel within the
Irish Defence Forces. There were extreme levels of sexual
violence against women with female soldiers reporting
experiences of sexual harassment, sexual assault and
allegations of rape.
Like Sergeant Maurice McCabe an idealistic and
committed garda as a young officer, I was completely
devoted to the Irish Defence Forces. The day I was
commissioned as an officer was the proudest day of my
young life.
Targeted character assassination
When I uncovered the systematic and systemic regime of
misogyny and violence towards women within the Defence
Forces, in my naivety I fully expected my superiors to act
upon my findings and bring an end to this toxic and
dysfunctional culture. However, this was not the case.
Instead, I was promptly sent to Coventry by the majority of
my former colleagues and friends.
I was immediately isolated and my findings completely
ignored. I retired from the Defence Forces in December
2000 to pursue an academic career. In the summer of 2001,
when my research findings were reported in the national
newspapers, I was fully introduced to whistleblower reprisal
Irish style.
Like Maurice McCabe, I was targeted in a sustained
campaign of character assassination. Amongst other things,
I was physically assaulted by a former colleague in front of
my infant children in the city centre. I was subjected to
months of constant abusive texts, phone calls and silent calls
by former colleagues. I was threatened by staff officers at
Defence Forces Headquarters with a campaign of dirty
tricks. I was told that my research findings constituted a
threat to the reputation of the organisation. One senior
officer to whom I turned for advice and support
informed me that when the reputation of the organisation is
at stake, character assassination is a legitimate tactic. He
further warned me that when the organisation cant go for
the ball, theyll go for the man.
Eventually however, at my behest, the then-Fianna Fail
Minister for Defence, Michael Smith, launched an
independent government enquiry into my research, called
the Study Review Group. It reported in 2003 and fully
vindicated my research findings, conclusions and
recommendations. Thankfully, the Defence Forces are now a
better place to work for both men and women and
considered to be an example of best practice for equality,
diversity and dignity by the international military.
The effects of a whispering campaign
Over the years, I still encounter the negative consequences
of reprisal for being a whistleblower. For example, in 2008, I
had to enlist the support of the NUJ when I was informed by
officers at DFHQ that they could not guarantee my physical
safety if I attended a press conference in McKee Barracks.
Over the years, Ive had time to reflect on the ruptured
friendships and the loss of my relationship with the
organisation an extension of my family. It is a traumatic,
upsetting and bewildering experience. To this day, I still get
phone calls from duty editors and producers who have
received negative briefings about me. The whispering
campaign endured by Maurice McCabe is all too familiar to
me.
However, my experience pales into insignificance compared
to that of Sergeant McCabe and other brave Irish
whistleblowers who have tried to the right thing in our
dysfunctional and toxic polity. I often wonder how Ireland
would have fared if there had been enough brave
whistleblowers in our banking and financial services sector
during the so-called Celtic Tiger. If they had been listened
to, perhaps our children and grandchildren would not have
been burdened with 85 billion in debt.
I would appeal to Taoiseach Enda Kenny and Minister
Frances Fitzgerald to follow the example of a previous
Minister for Defence in dealing with the concerns raised by
Maurice McCabes case. A root and branch reform of An
Garda Siochana is required with at a minimum, the levels
of oversight and governance that we expect of the PSNI. And
I would appeal to all right-thinking Irish citizens: please
cherish our whistleblowers. They embody the change that is
required in order for Ireland to survive as a political,
economic and social entity.
My Advice To The Mc Cabe Family is to Take There Justice to A
European Independent Court of Human Rights Abuse and under the
Grounds of Mental Torture by the Hands of Government And Garda
Commissioner Conspiracy and Treason to Whitewash Crimes here
It Will be another snared investigation to cover up he was selected,
FG Selected Judge
Cabinet chooses High Court judge Peter Charleton for Supreme

Court post
Tue, Jun 17, 2014, 19:03
Ruadhn Mac Cormaic
Mr Justice Peter Charleton: appointed to the Supreme Court. File

Photograph: Dara Mac Dnaill/The Irish Times
The Government has nominated High Court judge Peter Charleton to
fill the Supreme Court vacancy created by the retirement last month
of Mr Justice Nial Fennelly.
A member of the High Court bench since 2006, Mr Justice Charleton
has been assigned to commercial cases for the past four years and
has written extensively on criminal law.
He also has experience in judicial review and personal injury cases,
is an ad hoc judge of the European Court of Human Rights and has
been supervisor of the Judicial Researchers Office since 2011.
Mr Justice Fennelly retired last month, having served on the
Supreme Court since 2000, and has been appointed by Government
to lead the commission of inquiry into the taping of telephone calls
at Garda stations.
Educated at Trinity College Dublin and Kings Inns, Mr Justice
Charleton was called to the Bar in 1979 and took silk in 1995. He is
the author of a number books on criminal law and has also
published on family and constitutional law, copyright, extradition
and judicial review. One of the countrys leading barristers before his
appointment as a judge, he worked as counsel for the Morris tribunal
into allegations of corruption in the Donegal division of An Garda
Sochna.
Mr Justice Charleton has lectured at Kings Inns, Trinity College
Dublin, Fordham University in New York and Beijing University of
Political Science and Law. He is also chairman of the National
Archives advisory council.
The appointment leaves a vacancy on the High Court, which is
expected to be further depleted when nine judges are appointed to
the new Court of Appeal later this year.
Later this month, the Judicial Appointments Advisory Board will meet
to consider applications to fill the High Court vacancy left by the
retirement earlier this month of Mr Justice Iarfhlaith ONeill. It may
now use the same panel of applicants to choose a replacement for
Mr Justice Charleton.
Two more High Court judges - Mr Justice Barry White and Mr Justice
Daniel Herbert - are due to retire before October.
The advisory board receives applications for judicial posts and sends
Government a list of candidates who meet a set of minimum
criteria. However, the board does not rank candidates by merit and
the Government is not required to choose from its list, giving
ministers wide discretion. Serving judges are not required to apply
through the JAAB.
Nirn OSullivan rejects calls to step aside: false accusations do not

make me guilty of anything
Commissioner: I was not part of any campaign to spread rumours
about Sgt McCabe
February 13, 17
The Tusla affair will be a defining moment in Irish politics
and will do to the political system what the Brendan Smith
saga did to the Irish Catholic Church. Today the
commentary in the media will focus on whether or not it
could possibly be true that a number of organs of the state
came together and conspired to assassinate a man's
character. I'm telling you here and now that what was
done to Maurice Mc Cabe is just the tip of the iceberg. John
Wilson is another Garda who was victimised. There are
also numerous other victims around the country. Don't
believe me? Ask Seamus Maye or Joe Doocey for a start.
They are two very different cases but a similar theme of
state agencies coming together to destroy a man. Gemma
O'Doherty has made an excellent documentary on the
Mary Boyle case and together with Mary's sister Ann
Doherty have come up against a brick wall in trying to get
justice. It follows a similar theme of state agencies
colluding to cover up corruption at the highest level. Being
elderly doesn't spare you. Michael Gavin is testimony to
that.
Enda Kenny has just stated on RTE news that for the first
time in the history of the state we now have a completely
independent garda commission, this is the biggest lie this
liar has told so far, this authority he is talking about is
made up of civil servants retired judges and other lick arse
friends. Not one civilian is included but i have a letter from
the justice minister stating this commission would be up of
a fair proportion of ordinary people like myself, but not
one. This is yet more smoke an mirrors, just to make us
think we are being listened to. But i gave up believing
politicians many years ago.The civil servants turn our
good politicians into con artists that is where our problems
exists
Garda Commissioner Noirin OSullivan is facing calls to step down

from her position. Photograph: Dara Mac Dnaill
Garda commissioner Nirn OSullivan has said she will not be
standing down while a commission of inquiry examines allegations
over the treatment of Garda whistleblower Sgt Maurice McCabe.
Alan Shatter makes reference to Sgt McCabe

part of it states " If the statutory inquiry is to be
comprehensive, it should include all cases dealt with in
Bailieborough Garda Station which have given rise to
complaint. There is a matter which has been the subject of
articles in the Irish Independent, which included a report
of Deputy Michel Martin meeting an individual who
alleges she was the victim of a sexual assault and her
complaint was not recorded on the PULSE system and did
not result in a prosecution. I understand from the
newspaper report that Deputy Martin was to provide
information on this matter to the Taoiseach and I presume
he has done so. This case should clearly form part of any
statutory inquiry." the rest of it can be read by clicking on
the link below. a lot of the cooke report deals with the
"bugging of gsoc offices"
these scum never lose
Shatter's legal firm receives second-highest fees

from CFA
The legal firm established by former justice minister Alan
Shatter has received more than 660,000 in fees from
Tusla, the Child and Family Agency (CFA), to date this year.
According to data released by Tusla in response to a
Freedom of Information request, the amount paid out to
Dublin firm Gallagher Shatter Solicitors in the year to the
end of December 17 totalled 669,423, including Vat.
The firm which claims to be the first in the country to
establish a separate family law unit received the
second-highest amount in legal fees this year from the
CFA towards representing guardians ad litem in the family
law proceedings.
Mr Shatter joined the firm in 1976 and is widely regarded
as one of the authorities on family law in Ireland, having
written extensively on the subject.
Earlier this year, the HSE confirmed that Gallagher Shatter
Solicitors received 392,646 in fees for acting for
guardians ad litem in 2013.
The highest amount paid out this year by Tusla to solicitors
representing guardians ad litem was to Pol OMurchu & Co
Solicitors, which received 1.14m in fees.
The figures show that the total spend on solicitors
representing guardians ad litem who provide an
independent voice for children in family law proceedings
totals 5.5m in 2014 to date.
This compares to a spend of 4.85m for 2013 to solicitors
representing guardians ad litem a jump of 13.5% in one
year.
Other solicitors in receipt of payments from the CFA
representing guardians ad litem to feature in the top 10
recipients are: Gerard OBrien, 587,628; Rosemary
Gantly, 525,425; Caldwell & Robinson Solicitors,
502,542; Gary Irwin, 315,421; Augustus Cullen, Law
300,281; Noonan Linehan Carroll Coffey Solicitors,
214,548; McCarthy & Associates, 166,788; and St Johns
Solicitors, 152,484.
In briefing documents prepared for the then childrens
minister, Charlie Flanagan, in May, the secretary general
of the department noted that legal costs at Tusla were
amongst the issues giving rise to expenditure problems
for the agency and referred to the inadequacy of the
budget transferred from the HSE for this purpose.
The agency has stated that although future legal costs
would be reduced, this will not be evidenced in 2014 as a
consequence of the level of inherited commitments.
The current childrens minister, James Reilly, has stated
that Tusla is engaged in a comprehensive and ongoing
process of reform of its interactions with the courts
system, with the aim of reducing the considerable legal
costs the agency faces.
The legal firm established by former justice minister Alan Shatter
has received more than 660,000 in fees from Tusla, the Child and
Family Agency (CFA), to
Cooke Report: Statements (Continued)
Thursday, 19 June 2014
Dil ireann Debate
[Deputy Alan Shatter: Information on Alan Shatter Zoom
on Alan Shatter] Both reports recount that GSOC
instructed Arthur Cox Solicitors to assist them with the
inquiries and in the preparation of documentation and
statements. Both reports recount that GSOC's lawyers
prescribed conditions to be complied with for reading
documents regarded as sensitive, confidential or
privileged. Judge Cooke had no difficulty in agreeing
appropriate arrangements and in attending at GSOC's
offices to access and read all relevant documentation. I do
not understand why Mr. Guerin did not do the same.
In addition, to comply with fair procedures, Judge Cooke

met with the GSOC Commissioners and their lawyers,
raised questions for them to answer and ultimately met
with them:
to clarify some points that had arisen during the inquiry
and to afford them an opportunity... to comment upon the
conclusions to be expressed in the report.
Mr. Guerin's approach to GSOC and others affected by his
report could not have been more different. Four days after
Judge Cooke had attended at GSOC's offices to examine
documentation, Mr. Guerin received a letter from GSOC's
solicitors raising what the Guerin report refers to as,
"preliminary legal and practical issues" and which stated
that GSOC had, "voluminous relevant documents" and
"was anxious to cooperate". Bizarrely, for some reason I
do not understand, Sean Guerin, in his report states,
"there was no practical reality to 'voluminous documents'
being reviewed at that late stage". He criticises GSOC for
not making relevant documents available to him earlier.
He affords no recognition to the fact that GSOC was
simultaneously engaged in two separate inquiries and,
unlike Judge Cooke, he never met with any member of
GSOC. Moreover, in his letter of 6 May to Martin Fraser, Mr.
Guerin acknowledges that GSOC's seeking safeguards
relating to making documentation available to him was,
"not unreasonable". However, in that letter, he complains
that he was given no indication of GSOC's concerns, "until
the process of drafting the final report was well
underway", and that he had, "no opportunity to review
such documentation with the care required". This is
astonishing. I would like to know why Mr. Guerin thought
he had no opportunity to review GSOC's documentation
with the care expected; why the drafting of the final report
was "well underway" without his having read and
considered this documentation without meeting others
affected by his conclusions; why he completely failed to
observe fair procedures in accordance with constitutional
and natural justice. His terms of reference allowed him all
the time he needed to properly complete his work. What
was his hurry?
With regard to GSOC, Mr. Guerin partially explains his

failure by attempting to minimise the importance of
GSOC's role and recounts that it became involved in a
small number of the cases he reviewed. This assertion is
disingenuous. For example, GSOC was central to
determining complaints of Garda misconduct with regard
to serious offences committed by Jerry McGrath, one of
which involved an alleged catastrophic Garda failure
which, if it had not occurred, may have resulted in
McGrath being held in custody on the tragic day in
December 2007 when he murdered Sylvia Roche Kelly.
It was right that Mr. Guerin met with Sergeant McCabe

for as long as he deemed necessary. It is a mystery to me,
however, as to how he believed he was properly fulfilling
his remit and his obligation to observe fair procedures to
reach accurate conclusions and make recommendations
by meeting for 19 hours with Sergeant McCabe, but
meeting with no one else whose good name, reputation
and credibility could or would be affected by his report.
Unlike Judge Cooke, he made no arrangements to meet
with any persons so affected, to raise any questions with
them or to give them an opportunity to address any draft
conclusions reached by him. There would have been, of
course, no difficulty in his doing so; he simply chose not
to.
Paragraph 2 of the terms of reference enabled Mr. Guerin

to interview not only Sergeant McCabe but also:
any other such person as may be considered necessary

and capable of providing relevant and material assistance
in his review... and to communicate with An Garda
Sochna and any other relevant entity or public body in
relation to any relevant documentation and information
and to examine what steps, if any, have been taken by
them to investigate and resolve allegations and
complaints [referred to him].
I believe most people would regard me, as the then
Minister for Justice and Equality, as a person who could
have provided relevant and material assistance. I believe
that fair procedures and the principles of natural and
constitutional justice required that Mr. Guerin should have
interviewed me or at the very least, communicated his
concerns and questions to me in writing and afforded me
the opportunity to address them and also to address his
draft conclusions which he had to know would render my
continuing in the office of Minister for Justice, Equality and
Defence, untenable.
I believe had I been given the opportunity, I could have

provided comprehensive information detailing the
substantial attention I gave to allegations made by
Sergeant McCabe and to use Mr, Guerin's words, my
heeding and acting on what he had to say. In doing so, I
could have also detailed obstacles and difficulties of
relevance that would have shed light on aspects of the
background into which he had no insight. I also believe
there was no basis for Mr. Guerin's conclusions that there
were grounds for concern that I did not understand my
independent statutory role, as there was no question, as
he suggests, of my simply accepting the views of the
Garda Commissioner without question. Unfortunately, I
was given no opportunity by him to address these matters
and I believe these conclusions reached by him to be
substantially outside the remit of his terms of reference.
The result of Mr. Guerin's report was to render my
continuing as Minister untenable and, as a consequence, I
resigned my position. That is done. However, the process
involved and the failure to adhere to fair procedures has
serious and wider implications.
I believe all of us should be entitled to know that we

cannot, by way of any form of inquiry or review or other
means, be secretly put on trial; have charges levied
against us of which we have no knowledge; be prosecuted
without being informed of the evidence and convicted
without being given the opportunity to speak or defend
ourselves. I believe that the unprecedented approach to
this review and examination or preliminary inquiry which
was undertaken and conducted must never be repeated. I
believe no one in the future, requested to undertake such
a task, should be enabled to take onto himself or herself
the role of investigator, prosecutor, judge, jury and
executioner and to ignore entirely fair procedures
prescribed by our courts and which are specifically
prescribed for the undertaking of a statutory inquiry under
the provisions of the Commissions of Investigation Act
2004.
I do not believe it was ever envisaged that a preliminary
inquiry and scoping exercise to determine whether a
statutory inquiry should take place could be so utilised as
to undermine totally the fair procedures architecture which
is a central core of the Commissions of Investigation Act
2004. Preliminary inquiries or reviews should not facilitate
the bypassing of essential human rights protections
incorporated in the 2004 Act. For my own part, I never
anticipated that a practising senior counsel, asked to
consider independently the serious issues detailed in his
terms of reference, could or would so ignore basic
principles of constitutional and natural justice and fair
procedures which have been repetitively pronounced upon
and endorsed by our courts at the highest level. These
principles are crucial to the rule of law and ignoring them
places in peril a value system crucial to the well-being of
all our citizens and of all who reside in the State. To ignore
them is to endorse the creation of kangaroo courts as
dramatically depicted in Franz Kafka's book, The Trial.
It is clear from the Guerin report that its author
understood what was required in the context of fair
procedures. For example, in chapter 5 of his report, he
castigates An Garda Sochna for not affording Sergeant
McCabe an opportunity to comment on evidence
uncovered in an investigation resulting from a complaint
he made and references his entitlement to so comment as
being an "important procedural right" and the failure to
enable him to do so as resulting in, "a fundamental
procedural flaw in the investigation." Moreover, he states,
in the context of the statutory inquiry that he recommends
to examine further Sergeant McCabe's allegations:
[following] an opportunity to hear evidence from the
individual members and officers of An Garda Sochna and
civilians, including victims of crime, involved in these
matters, a different view of the facts could emerge.
The startling omission from his report is an
acknowledgement that, "with the benefit of an opportunity
to hear evidence" from me, as the then Minister for Justice
and Equality, or from some others, "a different view of the
facts could emerge" as to my dealing with Sergeant
McCabe's allegations and my taking heed of his concerns.
Of course, even if this had been expressly stated by him, it
would have been no substitute for applying to me the
ordinary rules of fair procedure instead of rushing to
judgment with obvious consequences.
I believe that I am entitled to an explanation for the
approach adopted in the preparation and finalisation of
the Guerin report and to an explanation as to why
conclusions were reached and a factual finding made that,
as Minister for Justice and Equality, I did not heed what
Sergeant McCabe had to say, without my being
interviewed or a single question put to me or to
departmental officials. I believe I am entitled to know, as
are Members of this House, why the Guerin report was so
hastily and prematurely completed in comparison to the
approach and time taken to complete the Cooke report.
My accusation is that it is a fundamentally flawed
preliminary inquiry and report and an unprecedented rush
to judgment. As a prosecuting counsel, Mr. Guerin must
know that the manner in which he conducted his role and
some of the conclusions reached by him would not
withstand court scrutiny.
Unfortunately, I do not have the time available in this

debate, to detail all the omissions and inaccuracies in the
Guerin report which I could have addressed had Mr. Guerin
interviewed me. There is, however, a particular issue to
which I wish to refer.
http://oireachtasdebates.oireachtas.ie/debate
s
%20authoring/debateswebpack.nsf/takes/dail
2014061900038?opendocument#
Crime reporters object to
negative image of their trade
Some journalists fear whistleblower inquiry will change
relationship with garda forever
Fri, Feb 10, 2017, 10:54
Peter Murtagh
Garda Commissioner Nirn OSullivan. Supreme Court judge Peter Charleton
will examine whether OSullivan was a source for a May 9th, 2016
The Leveson Inquiry in the United Kingdom, which
investigated the relations between police and the press,
convulsed journalism and changed the relations between
the two forever.
Today, some crime journalists in Ireland wonder if the
inquiry to be headed by Supreme Court judge, Peter
Charleton into allegations of a Garda campaign to smear
whistleblower Maurice McCabe will do the same.
Is this our Leveson? asked one crime reporter. The
Government on Thursday agreed to expand the inquirys
terms of reference to include any contacts between
senior garda and ministers, past or present.
Besides examining whether there was a campaign to
encourage negative media reporting of McCabe, the
judge will also examine whether Garda Commissioner
Nirn OSullivan was a source for a May 9th, 2016, RT
broadcast.
In it, the stations crime correspondent Paul Reynolds
gave a leaked account of a report by Mr Justice Kevin
OHiggins in which Sgt McCabe was branded a liar and
irresponsible.
A popular perception of crime reporters is that they are
too close to the Garda Sochna so close that, in reality,
they are little more than garda mouthpieces.
Thats bollocks, was the blunt and uncompromising
retort from one.
Complete nonsense, agreed another.
No support
Practitioners contacted Thursday were prepared to talk
mostly only off the record. However, Michael OToole of
the Star was robust in defence of his craft.
Somehow, he said, crime reporters are not allowed to
get stories. Every other type of journalist gets stories and
are applauded. Crime reporters have no support from
other sections of the media. They think we are just fed
stuff by the Garda press office. Thats not true; its an
urban myth.
OToole says almost all of his reports are based on old-
fashioned reporting gum shoe journalism, as he put
it by having contacts in every Garda division, among
criminals and by working sources daily. His own
reporting has led to threats on his life.
You dont get that when youre [a journalist] sipping
lattes in Leinster House.
Another crime reporter, also speaking off the record,
said, however, there were colleagues not OToole
whom it was widely known had relationships with the
garda that were too close and compromised their
independence.
I can identify who exactly is a mouthpiece for the
guards, said this reporter, and there are people who
have made a career out of it. Do political journalists just
repeat what some spin doctor tells them? Yes, some do
but the good ones dont. Same with us.
The reporter said that allegations, voiced by Labour
leader Brendan Howlin under the protection of Dil
privilege, that Sgt McCabe had committed sexual
crimes, had also been given to them.
I was told that by senior guards, said the reporter. I
checked it out and there was no evidence to back it up
and so I never wrote it.
In April 2014, one of the best-known crime reporters,
Paul Williams, reported in the Irish Independent a story
under the headline Girl wants new probe into alleged
sex assault by garda that related to Sgt McCabe but
without explicitly linking the allegation to him.
Williams could not be contacted Thursday but an
Independent source said the story did not originate with
senior Garda and, in any event, could not be confirmed.
Investigated fully
The allegations were very serious but when we
investigated fully, there was no way they could stand
up, said the source.
Another crime reporter, also talking off the record, said
the relationship between the Garda and journalists was
dysfunctional.
Trying to get even basic information from Garda
headquarters is like pulling teeth, they maintained. I
can ring a police force in England or the US and get a lot
more information on the record, as a complete stranger,
than I can from people in the Garda who know me and
whose job it is to deal with the media.
The people working on the press office are not the
problem. Theyre curtailed by those over them who are
obsessed with not letting anything out and about
launching investigations to find the source whenever
something that isnt sanctioned appears in the media.
This newspapers long-standing crime and security
editor, Conor Lally, says he knows that lots of his
reports have made Garda headquarters livid. He relied
mostly on his own contacts.
I rely on the goodwill of contacts to talk off the record,
said Lally. They want to take charge of the information
of their own operations because they dont feel they get
that from Garda HQ and so talk to us off the record.
Its funny that crime reporters seem to be at the centre
of this now even though politicians are on the record as
saying these rumours have been doing the rounds in
Leinster House for an age. Its not the crime reporters
spreading it around political circles, he says.
RT spokeswoman Laura Fitzgerald declined to talk in
detail about the focus on Paul Reynoldss May 2016
report but said the station will give the commission the
due respect it deserves.
Reynolds was a very, very experienced reporter with a
well-respected reputation, she added.
Michael OToole agreed.
I know Reynolds, he said. Ive been a friend of Pauls
for years and hes the hardest-working journalist I know.
I go to more [crime] scenes than most and when I go,
hes there before me and is there after I leave.
http://www.irishtimes.com/news/crime-and-
law/crime-reporters-object-to-negative-
image-of-their-trade-1.2970769
McCabes' statement: ' Truth today -

justice can follow'
Whistleblower Maurice McCabe has demanded that
Taoiseach Enda Kenny, Justice Minister Frances Fitzgerald
and other ministers reveal if they were ever briefed on
false sex abuse claims peddled against him.
In a rare statement from Mr McCabe and his wife Lorraine,

they also rejected the need for the imminent "secret"
commission of inquiry into the "sustained campaign to
destroy our characters".
Instead, the couple called for politicians and police to tell

the truth immediately about who knew of the false
allegations being spread about Mr McCabe as he tried to
expose wrongdoing within the force.
"We have endured eight years of great suffering, private

nightmare, public defamation and state vilification, arising
solely from the determination of Maurice to ensure that
the Garda Siochana adheres to decent and appropriate
standards of policing in its dealings with the Irish people,"
they said.
The McCabes said their personal lives and family life -

including the lives of their five children - have been
"systematically attacked" in a number of ways by State
agencies.
"We have also been the subject of a long and sustained

public and public representatives and in the eyes of the
media," the couple said.
On the imminent inquiry, to be headed by Judge Peter

Charleton, the McCabes said they are "definitely not
agreeable" to their entitlement to the truth being
postponed by a "secret investigation behind closed doors"
which could take one and a half years.
"We are entitled to the truth today - justice can follow in

its wake," they said.
"We wish to make it clear that we are definitely not
months' time.
"We are entitled to the truth today- justice can follow in its
wake," the statement said.
Read the full statement by Maurice and Lorraine

McCabe released Monday February 13, 2017
We have endured eight years of great suffering, private

nightmare, public defamation, and state vilification arising
solely out from the determination of Maurice to ensure
that the Garda Siochana adheres to decent and
appropriate standards of policing in its dealings with the
Irish people.
Our personal lives and our family life, and the lives of our
five children, have been systematically attacked in a
number of ways by agencies of the Irish state and by
people working for the state in those agencies.
These events have, one way or another, given rise to a

long series of state investigations, ranging from internal
Garda investigations (disciplinary and administrative), the
Fennelly Commission, the O'Higgins Commission, several
GCOC investigations (some of them targeted indirectly at
Maurice), and investigations within HSE and Tusla (some
of them targeted at both of us and some of them
concerning what those agencies have done to us) and the
reports of Sean Guerin SC and former Judge larfhlaith
O'Neill. All of these have taken place in private.
We have also been the subject of a long and sustained

public, and public representatives and in the eyes of the
media.
Today, we have heard one Minister, Simon Harris, state

We wish to make it clear that we are definitely not
months' time.
We are entitled to the truth today- justice can follow in its
wake.
The Need For A Public Inquiry

Our experience of the O'Higgins Commission of
Investigation is too fresh in our minds to allow for a
repetition. Although that Commission investigated a
number of serious instances of malpractice in the policing
function in Bailieboro and upheld Maurice's complaints in
respect of all of them, the public has never been made
aware that, throughout the proceedings before that
Commission, Maurice, at the hands of the legal team
representing the current Commissioner, was cast in the
role of culprit and/or defendant, and as a person making
those complaints in bad faith and without cause.
When challenged in that respect, that legal team sought
and obtained confirmation from the present Commissioner
that they did so on her personal instructions.
Because the 2004 Act prohibits under pain of criminal law
the publication of the actual evidence tendered to such
Commissions, the public has little or no appreciation of
what was done, and attempted to be done, to Maurice in
the course of its hearings.
For example, against the background of the current Tusla

controversy, the entirely false allegation made of sexual
abuse in 2006 against Maurice was repeatedly the subject
of attempts at introduction in the proceedings for the
purpose of discrediting his motives and testimony.
The entire transcript of that Commission (to which we still

have access) is also in the possession of the Minister for
Justice and Equality and the foregoing comments can
easily be verified by inspecting same.
For these reasons, we have consistently submitted that

any further inquiry into these matters must be a public
inquiry.
Now that the truth has emerged of the false and shocking
campaign to vilify us and discredit us, there is no reason
to have any secret or private inquiry under the 2004 Act.
The Truth Now:
August 2013
We are now aware from the Tusla file that when the latest
version of the false accusation of sexual abuse, now
including an accusation of a rape offence, was made in
2013, the HSE wrote to Supt. Noel Cunningham, who had
investigated the false claim in 2006, at Monaghan Garda
station on 15th August 2013, seeking a meeting to discuss
the matter "prior to making any contact with the alleged
perpetrator''.
We are entitled to know now whether any such meeting or
discussion took place. If it did, the falsity of the rape
offence allegation would have been immediately apparent
to Supt. Cunningham and the claimed "error" would have
been discovered immediately. Some record of any such
meeting or phone discussion and some record of that
discussion, if it occurred, must exist.
May 2014
We are also aware from the Tusla file that the HSE
counsellor who had filed the false accusation of a rape
offence the previous August had been "made aware" by a
third party of the erroneous claim of a rape offence, and
had been contacted in a number of telephone calls by an
un-named person who informed her that the
Superintendent at.Bailieboro had still not been informed of
the error and had been requested to meet and discuss the
case with the Garda Commissioner, who was by this time
Commissioner O'Sullivan. These calls can only have been
made by someone in An Garda Siochana with considerable
knowledge of the force's treatment of the rape offence
allegation.
A solicitor has now informed the Sunday Times that his
client was contacted by the Gardai in May 2014 in
connection with a complaint alleged to have been made
by her in 2013. The solicitor claims that it was made clear
to the Gardai that no fresh complaint had been made by
his client and that the 2013 report to the Gardai was done
without her authority or consent.
Simple Questions
We now want to have simple answers to the following
questions:
Did the requested meeting or phone conversation with

Supt. Cunningham as sought by the HSE in August 2013
take place?
Who was/were the Gardai who made/received phone

calls to/from the HSE counsellor concerning the false rape
offence allegation?
Who interviewed the alleged victim in respect of that

allegation in May 2014 as claimed by her solicitor?
Was any of the foregoing Garda activity reported or

recorded within An Garda Siochana?
Was any of the foregoing Garda activity notified formally
or informally to senior Gardai at Commissioner level, and
if not why not?
Was any decision made not to inform Maurice of the

making of the 2013 allegation, and if so why and by
whom?
These are simple factual questions to which we, and the

Irish public, and their representatives in Dail Eireann are
entitled to simple factual answers now.
These are also questions to which the Minister for Justice

(under section 40 of the Garda Siochana Act, 2005), the
Minister for Children (under section 69 of the Childcare Act
1991) and the Minister for Health (under section 10 of the
Health Act 2004) are entitled to answers from the
Commissioner, Tusla and the HSE.
Given that false allegations of sexual abuse made against

Maurice were given wide currency by being leaked to the
media and that they were discussed in Dail Eireann on
19th June 2014, we are entitled to know and to be
informed by members of Dail Eireann acting on our behalf
and on behalf of all citizens concerned with the truth of
these matters, whether the present or former members of
the Government (including the Taoiseach, the persons
acting as Minister for Justice and the Minister for Children
since 2013, or the Department of Justice) were briefed
formally or informally of the making of such allegations at
any time by the Garda Siochana, or by the Commissioner
for the time being of An Garda Siochana at any time since
August 2013.
These are all matter which can be answered without any

public inquiry under statute. The answers, if truthfully
given now, would not prejudice any later inquiry and could
well assist such an inquiry.
We know that the present Commissioner of An Garda

Siochana has claimed in public to be supportive of us
while seeking ih private to discredit Maurice McCabe
before the O'Higgins Commission.
We have witnessed with growing disbelief her denials of

involvement in discrediting Maurice. If the foregoing
questions are answered truthfully and in public now, the
public will be in a position to know who to believe.
http://www.irishexaminer.com/breakingnews/i
reland/mccabes-statement-truth-today--
justice-can-follow-776969.html
Former head of Garda Press Office

'vindicated' after being cleared of leaks
to media
Update 6.15pm: Superintendent David Taylor has
released a statement saying "I have now been vindicated",
following the decision today by the DPP not to prosecute
him.
The former head of the Garda Press Office was suspended

on suspicion of passing on details relating to the removal
of two Roma children from their families.
He was today cleared of leaking sensitive information to

the media.
Mr Taylor said: "After almost two years under formal Garda

investigation I have been informed today that a decision
has been made not to prosecute me. I await a copy of the
Director of Public Prosecution's letter.
"I have waited a long time for this decison to be made. It

has been an incredibly stressful and difficult time for my
family and myself.
"I fully support the McCabe
family in their calls for a full
public inquiry
"I have now been vindicated" -
Superintendent David Taylor.
Full Statement by Sgt Maurice
McCabe and his wife Lorraine -
more on at 5:30PM
The Garda Commissioner Noirin O'Sullivan is again
rejecting calls on her to step aside insisting "I am
innocent"
Garda Commissioner Noirin O'Sullivan "notes with
surprise, the comments made by Deputy Brendan
Howlin"
BREAKING: Terms of reference... they're VERY
comprehensive, with Noirin O'Sullivan's phone
records to be examined
"I would like to thank my friends and colleagues who
supported me throughout this time.
"I have now been vindicated and I will shortly be resuming

that part of my life which has been put on hold since the
start of this process."
Earlier: Superintendent David Taylor, a former head of

the Garda Press Office, has been cleared of leaking
sensitive information to the media.
The Garda whistleblower was suspended on suspicion of

passing on details relating to the removal of two Roma
children from their families.
Superintendent David Taylor was suspended while an

investigation took place into the alleged illegal leaking of
sensitive information to journalists
The information he was accused of passing on related to
the removal of two Roma children from their families in
2013.
File photo of Garda Superintendent David Taylor. Pic:

Collins.
After spending two years as head of the Garda Press

Office, he was transferred to the traffic division in June
2014.
He was arrested the following year and has been on a
severely reduced salary while on suspension.
He went to the High Court this time last year to try and
put a hold on the investigation amid concerns that
evidence was being tampered with.
A file was sent to the DPP, but this afternoon he was told a
decision had been made not to prosecute.
Superintendent Taylor is also at the centre of the ongoing
whistleblower controversy. He claims senior Garda
management directed him to spread malicious rumours
about Sergeant Maurice McCabe
Garda whistleblower
has private meeting
with Sinn Fin deputy
leader and Justice
spokesperson
13 February 2017
Maurice McCabe Rejects Commission of Investigation
JOHN HEDGES
AN PHOBLACHT EDITOR
When the person at the centre

of the onslaught and scandal
tells you they have no
confidence in a Commission of
Investigation then you have to
take note of that
GARDA WHISTLEBLOWER Maurice McCabe had a private
meeting with Sinn Fin deputy leader Mary Lou
McDonald and Justice spokesperson Jonathan OBrien in
Dublin late on Monday afternoon.
The TDs were shown the files held by the states Tusla
Child & Family Agency on Maurice and his family. Mary
Lou described them as deeply and profoundly
shocking when seen written down . . . awful stuff.
Mary Lou McDonald and Jonathan O'Brien met whistleblower

Maurice McCabe
Maurice McCabe is adamant that a Commission of
Investigation is not adequate or acceptable to him given the
smear campaign and the use and misuse of institutions of the
state to launch a full attack on him, his character and on his
family, Mary Lou said.
The Sinn Fin TDs said that, during a very detailed
conversation with him, he reiterated his call for a full public
inquiry.
Clearly, when the person at the centre of the onslaught and
scandal tells you they have no confidence in a Commission of
Investigation, that the experience of the OHiggins Commission
of Investigation has left them so burned that they will not
countenance another such process, then you have to take note
of that. And we support Maurice McCabes call for a full public
tribunal of inquiry.
She said that Sinn Fin is telling the Government and Fianna
Fil and anyone else arguing for a Commission of Investigation
that this option is therefore defunct and must be taken off the
table.
The Sinn Fin TDs were shown the Tusla files. Maurice told
them that, of all the things that had happened to him, his wife
Lorraine and their children over the past eight years, this
aspect has been the most devastating of blows to him and his
family.
Maurice McCabe expressed no view on Sinn Fins motion of no
confidence in the Government to be heard in the Dil on
Wednesday although it was detailed by the two TDs. It would
not have been fair or appropriate to ask him to be dragged
into matters of political controversy by asking for his
endorsement, Mary Lou said.
She said, however, that if Fianna Fil is serious about
accountability in this scandal, it will support Sinn Fins motion
of no confidence in the Fine Gael/Independent Government.
Maurice McCabe was let down by An Garda Sochna, by
Tusla, and by sections of the media and individuals within it,
Mary Lou said.
Maurice has now been let down by this government and the
previous government. Now is the moment of reckoning and of
calling all to account and our firm position is that this
happens through a general election.
Crazy Irish politics full of lies, secret deals and hypocrisy.
Full Statement by Sgt Maurice McCabe and his wife
Lorraine - more on @3NewsIreland at 5-30PM,
Garda Commissioner Noirin O'Sullivan
"notes with surprise, the comments made by Deputy
Brendan Howlin,
The Garda Commissioner Noirin O'Sullivan is again
rejecting calls on her to step aside insisting "I am
innocent" Terms of reference... they're VERY
comprehensive, with Noirin O'Sullivan's phone records to
be examined,
Statement from Garda whistleblower Supt. Dave Taylor.
See more on be3 news at 7 and 10,
fully support the McCabe family in their calls for a full
public inquiry,
Terms of reference... they're VERY comprehensive, with
Noirin O'Sullivan's phone records to be examined
They are in danger of running out of judges to run
commissions of enquiry at this stage. Still, the beaks are
making a few bob and the barristers are raking in
MILLIONS ... (even Jim O'Callaghan must be considering
quitting politics for the more lucrative C. of E. business).
When all the commissions of enquiry are done - around
the year 2050, everybody will be happy. And mostly dead!
SGT. MC CABE CASE: THE STATE'S DISGRACE. ENOUGH IS ENOUGH!
THE GOVERNMENT MUST RESIGN NOW.
It is now clear beyond any doubt that the State's treatment of garda
whistleblower Sgt. Maurice McCabe has been utterly shocking and
disgraceful
The central claim by TUSLA, that the horrible and false accusation of
serious sexual abuse levelled at Sgt. McCabe, remained active on
his file due to 'clerical error', simply defies belief. If it were true,
which we repeat is not credible, it would testify to a level of
monumental state incompetence that would be a threat to us all
and completely unacceptable.
The whole appalling story which has now run for years discredits the
State agencies and the Government as a whole. It testifies to a
general culture of turning a blind eye, covering up, sweeping things
under the carpet and institutional mutual self -protection which
cannot be tolerated any longer. Sgt McCabe and other
whistleblowers must be defended.
Throughout this episode we are repeatedly faced with the same
alternative: either the 'relevant authorities' know what was
happening, in which case they are culpable, or they didn't know and
they are not fit for their jobs. Either Commissioner OSullivan and
other senior garda officers were smearing Sgt. McCabe, or knew he
was being smeared, or were simply not looking. All these
alternatives are unacceptable. Either Minister Katherine Zappone
knew what was happening and did nothing and did not tell her
cabinet colleagues, which is unforgivable, or she did tell them in
particular the Taoiseach and the Tnaiste and we are being lied to.
Either the Taoiseach knew what was happening and is implicated or
he is expressing confidence in a Minister and a Garda Commissioner
who have concealed vital information from him, and he has lost his
grip on his own government and State apparatus. This is not
acceptable. He and the Tnaiste must both resign.
This dreadful episode testifies to a deep malaise in the Irish State. It
is a product of the same political culture of corruption and impunity
which developed over decades and brought us brown envelopes, the
Galway tent, the financial crisis and Michael Lowry sitting on a
committee to 'investigate' Dennis O Briens media holdings.
This culture has survived through the practice of setting up endless
enquiries, at great public expense, and politicians and officials
getting way with things because 'they are not proven'. They are not
proven because the truth is hidden.
It is not enough for the Government to sacrifice an individual
minister as a scapegoat. This dreadful scandal comes on top of the
chronic failure to deal with the housing and homelessness crisis or
the crisis in the health service.
The only solution is a democratic one: the government must resign
now. The people must have their say!
Thanks for calling Katherine' -

Frances Fitzgerald has torrid
time of it explaining her role in
Tusla saga
The Minister insists she had no knowledge of Tuslas involvement in the
Maurice McCabe saga before last Thursdays Prime Time broadcast.
4 minutes ago 244 Views 3 Comments
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Text content
Frances Fitzgerald
Source: RT
FRANCES FITZGERALD INSISTS that the first she knew of
the ongoing Tusla scandal regarding Sergeant Maurice
McCabe was when the story was broadcast on RTs Prime
Time last Thursday.
A clearly flustered Fitzgerald has undergone a torrid
interrogation session on RTs The Week in Politics, but has
stuck to her guns and insisted that her story is the truth.
Katherine Zappone telephoned me on the day she was
meeting Maurice McCabe, 25 January, I remember
distinctly taking the call, she said.
I said thanks for calling Katherine, and that was it.
Obviously I wasnt going to say yes or no, it wasnt my
business, that was the conversation I had with her.
Asked directly was she aware that Tusla had kept a false
allegation of sexual impropriety against McCabe on file for
nearly two years after it had been debunked, she replied no
I wasnt aware of that.
As Minister Zappone has clarified, she would have said
something (at cabinet) if she felt it needed to be said, she
said.
Asked why, as Minister for Justice, she had not followed up
on Zappones meeting with McCabe, who has been at the
centre of the whistleblower scandal for over three years,
Fitzgerald said:
I was respecting the integrity of her meeting with him
(McCabe). Maurice McCabe has been subject to an awful lot
of hassle. I did not know the facts as they emerged.
Independent TD Clare Daly replied that she was struck
dumb by Fitzgeralds assertions.
Clare Daly
Source: RT
The protected disclosure of Dave Taylor (former head of the
Garda Press Office) contained this information regarding
the child sex allegation. The idea you hadnt heard of it prior
to Prime Time is laughable, she said.
It was a protected disclosure, you dont discuss such
disclosures in detail, Fitzgerald replied.
Incompetence
Fianna Fils Justice Spokesman Dara Calleary said: You
honestly expect us to believe that you didnt even say to
Minister Zappone how did that meeting go?
Yes, because its the truth, Fitzgerald replied.
Thats incompetence, said Calleary.
Labour TD Alan Kelly then said that he finds the story
incredible in terms of someone who has sat at cabinet and
knows how it works.
Ill tell you why. I have been contacted by another
whistleblower who sent 13 letters to the Minister for Justice
and in October last year he outlined how he had serious
concerns with Tusla.
If Minister Zappone contacted Minister Fitzgerald in terms
of Maurice McCabe, did alarm bells not go off in terms of
another whistleblower making contact regarding Tusla? Did
you not join up the dots?
Alan Kelly
Source: RT
I cannot investigate protected disclosures as Deputy Kelly
knows very well, said the Fitzgerald.
I was respecting the whistleblower and the integrity of the
meeting, Katherine Zappone said if it needed to be brought
to my attention she would have told me.
Its the truth, you can keep saying its not credible all you
like. I have never put in the public arena any issues that
would be damaging to Maurice McCabe. If I had information
about Tusla, why would I withhold it? What good would that
do me? she asked.
It is quite obvious that cabinet has broken down and that
Fine Gael are trying to throw Katherine Zappone under a
bus, Kelly replied.
http://www.thejournal.ie/frances-fitzgerald-the-week-in-politics-
3235988-Feb2017/
EXTRACT ""After the bankers and politicians managed to
collapse the economy, the rest of us - in Michael Noonan's
words - "took one for the team" (the team being the
European banking system). Throughout the recession, the
wealthiest retained their position. The occasional poor
dear had to go to the UK and have a few pints while
waiting for the bankruptcy clock to run down.
More important - all the structured inequalities and
unfairness survived untouched. The hidden subsidies for
the well-off remain in place, as do the obstacles for those
born in the wrong area.
The sick and the poor are as afflicted in 2017 as they were
in 2006. And we have little reason to believe the
emergency department corridors won't be clogged with
trolleys a decade from now.""
Bertie Ahern says May is
putting Peace Process in
jeopardy
Wayne O'Connor
PUBLISHED
12/02/2017
Former Taoiseach Bertie Ahern Picture By David Conachy

Former Taoiseach Bertie Ahern has accused
UK leader Theresa May of putting the peace
process in jeopardy.
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In an interview with the Observer, Ahern said that the
British government appeared to have resigned itself to
establishing a border between the north and south once
the UK leaves the EU - with potentially devastating results.
"May seems to be switching her language," he said. "She's
saying not that there'll be no border, but that the border
won't be as difficult as to create problems. I worry far
more about what's going to happen with that.
"It will take away the calming effects of an open border.
Any attempt to try to start putting down border posts, or
to man it in a physical sense as used to be the case, would
be very hard to maintain,. It would create a lot of bad
feeling."
In its Brexit white paper published last month, the UK
stated its aim to have "as seamless and frictionless a
border as possible between Northern Ireland and Ireland".
The British secretary of state for exiting the EU, David
Davis, has suggested that the arrangements between
Norway and Sweden could be a model to copy, where
CCTV cameras equipped for automatic number-plate
recognition are in place. However the European
parliament's Brexit negotiator Guy Verhofstadt appears to
scorn such a model, given that there would need to be
customs checks and restrictions on free movement.
Ahern said he, too, was unconvinced that current
technology could do the job. There are hundreds of
crossing points on the border between the Republic and
Northern Ireland, with 177,000 crossings by lorries a
month, 208,000 by vans and 1.85m by cars.
"I haven't found anyone who can tell me what technology
can manage this," Ahern said. "The only way of doing this
will be a hard border. And any kind of physical border, in
any shape, is bad for the peace process," he said.
"Psychologically it feeds badly into the nationalist
communities. People have said that this could have the
same impact on the nationalist community as the seismic
shock of the 1985 Anglo-Irish agreement had on unionists
- and I agree with that."
http://www.independent.ie/irish-news/politics/bertie-ahern-says-may-
is-putting-peace-process-in-jeopardy-35443547.html
Government snubs
flooded firms in fight for
insurance
Noonan says State can't intervene as
deluged businesses on coast struggle to
find cover
Wayne O'Connor
PUBLISHED
12/02/2017
1
Finance Minister Michael Noonan. Photo: Bloomberg
Businesses struggling to find adequate
insurance cover following last year's
devastating floods will receive no help from
the Government after Finance Minister
Michael Noonan conceded his hands are tied
on the matter.
/
Hundreds of businesses in coastal areas have been refused
insurance by companies because of calculations and
presumptions that climate change will cause further flood
damage in the future.
Many insurers say businesses are being adversely affected
by rising sea levels and so are deemed an uninsurable risk
when looking for a new policy.
Mr Noonan said this was a commercial matter that the
Government and Central Bank could not interfere with.
"This position is reinforced by the EU framework for
insurance which expressly prohibits member states from
adopting rules which require insurance companies to
obtain prior approval of the pricing or terms and
conditions of insurance products," said the minister.
"The provision of insurance is a commercial matter for
insurance companies, which has to be based on a proper
assessment of the risks they are accepting.
"This assessment will in relation to coastal communities,
in many cases include insurers' own climate change
presumptions based on their own modelling and research.
Consequently, neither the Government nor the Central
Bank has any influence over this matter."
He added that the Government had studied the risks
posed to homeowners and businesses in 90 coastal
communities around the country.
These studies, in areas deemed to face 'potentially
significant' risk, looked at the future sustainability of such
communities.
Mr Noonan said families and business also had a right to
lodge complaints with the Financial Services Ombudsman
if they felt they were being harshly treated by insurers.
"Measures to address the risks identified were set out in
draft flood risk management plans that were published in
2016 for consultation," he said.
"Also, in line with the sectoral adaptation plan for flood
risk management, prepared by the OPW under the Climate
Action and Low Carbon Development Act 2015, the
planning and design for flood defence schemes takes
climate change into account. This includes the feasible
measures being identified through the flood risk
management plans."
The minister's comments mean businesses in coastal
regions will continue to face significant challenges when
applying for insurance, just a year after hundreds of
families and firms suffered huge disruption in one of the
country's worst floods.
Irish Small and Medium Enterprises Association (ISME)
director Neil McDonnell said he was annoyed by the
Government's response to the issue.
"We are not satisfied with the hands-off approach we have
seen from government and the Department of Finance,"
he said.
He added that the very high premiums some businesses
faced could be lowered.
"Our message is that the cost of insurance is a function of
the general damages you are allowing the courts to award.
If they took a business decision to intervene in general
damages it would bring down the cost of insurance.
"Insurance companies should not be forced to insure
where there is uninsurable risk but in areas where there is
not an excessive risk people should not be paying excessive
levels for insurance.
"I am pretty annoyed with the response."
http://www.independent.ie/irish-news/government-snubs-flooded-
firms-in-fight-for-insurance-35443562.html
Exclusive: Grotesque,
Unbelievable, Bizarre,
Unprecedented New
twist in McCabe saga
revealed
Exclusive: New twist in McCabe saga,
McGuinness to make explosive claims,
Callinan: I'm advised to stay silent
Philip Ryan Twitter

EMAIL
PUBLISHED
12/02/2017
Whistleblower: Garda Sergeant Maurice McCabe Photo: Tom

Burke
Shocking new failures by Tusla are revealed
in an internal review of the Child and Family
Agency's handling of false child sex abuse
allegations against Garda whistleblower
Maurice McCabe, the Sunday Independent
has learned.
An internal audit, which has been seen by this newspaper,
found that the agency failed to contact or establish the
credibility of the alleged victim before launching a child
sex abuse investigation into Sgt McCabe.
"It is also not clear as to why a decision to proceed with the
allegation was made without the cooperation and
corroboration of the alleged victim and without having
formed some opinion with regard the credibility of the
allegation that was referred," the report states.
It also reveals that there is "no evidence on file" that the
sex abuse allegations were communicated to the HSE by
an Garda Siochana when the claims were first made in
2006. The report specifically notes that Sgt McCabe was
"not afforded fair procedures" with regard to the
allegations made against him. Tusla has since apologised
to Sgt McCabe and his family.
Meanwhile, Fianna Fail TD John McGuinness has stated
for the first time that former Garda Commissioner Martin
Callinan detailed false child abuse allegations about the
Garda whistleblower when they secretly met in a car park
in January 2014.
Asked if the new allegations match what was said to him
by Callinan, McGuinness said: "They do." However, he
refused to give further details due to the forthcoming
Maurice McCabe to sue State for 'all the
damage' done to him
Last night, Martin Callinan insisted he would not be
"engaging" publicly on the issue.
"I am in receipt of your correspondence, hand delivered to
my home this afternoon and which I received at 3.30pm, a
copy of which is attached. I have been advised that it
would be entirely inappropriate for me to engage publicly
with any matter which is the subject of commission of
investigation," he said
"In not so engaging I must point out that it is not to be
taken as agreement with the content of any matters raised
in your correspondence," he added.
It is also understood Mr McGuinness will make explosive
new claims about the alleged smear campaign during the
Last night Taoiseach Enda Kenny and Tanaiste Frances
Fitzgerald refused to say when they first heard the child
abuse rumours about Sgt McCabe which were widespread
in political circles for the past two years. The Taoiseach
and Tanaiste released almost identical statements when
asked when they heard about the allegations, which will be
the focus of Mr Justice Peter Charleton's commission of
investigation which was established last week. Spokesmen
for both said they deal with "facts not rumours".
The Independent Alliance is understood to be seriously
concerned about the controversy and has decided not to
comment until it receives a full briefing at Cabinet.
The Government is now expected to face a motion of no
confidence next week, tabled by Sinn Fein.
The audit prepared by Tusla's Sexual Assault Review Team
was initiated after it emerged a senior social worker wrote
to Sgt McCabe in December 2015 telling him he was to be
the subject of a child abuse investigation.
It has since emerged that the investigation was based on
inaccurate information which was supposed to have been
removed from Tulsa's database months before the
investigation was established.
The review also reveals that the HSE was never contacted
by gardai when a previous allegation was made against
him by the daughter of a colleague in 2006. Gardai
investigated this allegation but the Director of Public
Prosecutions ruled there was no evidence of any crime.
"There is no evidence on file that this information was
communicated to the HSE social work department at the
time by An Garda Siochana. Withstanding that, the HSE
would continue to have a statutory duty under Children
First policy to investigate all allegations of child abuse
referred to its department," the Tusla audit stated.
The same woman told a HSE counsellor in 2013 of the
same accusations she made in 2006. However, a file
compiled by the counsellor after the meeting incorrectly
suggested Sgt McCabe had "digitally penetrated" the
woman as a child.
The Sunday Independent understands the counsellor only
realised she had accused Sgt McCabe of false sexual abuse
claims after gardai contacted the alleged victim. The
woman in question told gardai she had not told the
counsellor she was "digitally penetrated" by Sgt McCabe as
was alleged in the file.
Yesterday, the HSE said the National Counselling Service
"responded immediately" in May 2014 and brought the
error to the attention of Tusla and An Garda Siochana.
"An immediate internal review of guidelines, practices and
protocols was undertaken within the National Counselling
Service to ensure that such an error would not recur," it
said.
"Appropriate training was also undertaken. Additional
supervisory procedures were put in place by the National
Counselling Service in relation to the staff member
concerned."
The Tusla audit noted there was "no evidence" to suggest
the alleged victim met a social worker after she met the
counsellor in 2013 or after the file was changed the
following year. The review said it was "not clear" why the
senior Tusla official looked at the original file rather than
the correct version amended in 2014.
The Tusla audit team offered to meet the alleged victim to
discus her allegations as part of the review. However, the
women failed to attend a scheduled appointment and later
called the agency and said she did not want to pursue the
matter further, according to the Tusla audit.
So Tusla placed information on one person into a file on a different

person in 'ERROR'. That explanation must be standard issue with
Irish state bodies when they fall under suspicion. Because the
EXACT SAME excuse was used by the Data Protection Commision in
2015, when attempting to explain how my complaint to them went
missing in their office for a whole year. Who was my Data complaint
about? Yes you guessed it, TUSLA.
Poll: In the wake of the latest

Maurice McCabe revelations,
do you have confidence in the
garda?
The HSE has today apologised unreservedly to McCabe for the
administrative error that led to an allegation against him making its way
into a Tusla file.
February 12, 17
THIS MORNING, THE HSE apologised unreservedly to

Garda Sergeant Maurice McCabe for the administrative
error that led to an allegation against McCabe making its
way onto a file held by Tusla, the Child and Family Agency.
It now seems that allegation remained on file at Tusla for
nearly two years after the initial error was made in 2014.
In what has become an increasingly murky saga the political
fallout continues apace this afternoon Fine Gael Health
Minister Simon Harris argued that the pending Charleton
Commission of Investigation into the alleged smear
campaign by the garda against Sergeant McCabe should be
allowed to run its course.
Labour leader Brendan Howlin says that a full criminal

investigation into the affair is required. And Sinn Fins
Gerry Adams went the whole hog and called for a general
election.
At present the Charleton investigation is the only show in
town. Given the pace at which this saga has evolved, that
may well change.
But has the whole affair shaken your confidence in An Garda
Sochna?
Were asking: In the wake of the latest Maurice McCabe
revelations, do you have confidence in the garda?
Poll Results:
http://www.thejournal.ie/poll-mccabe-gardai-
confidence-3234905-Feb2017/
Irish govt fears global
media coverage of political
policing, anti-austerity
activists say
Published time: 12 Feb, 2015
Russia reporting on our "Political policing"
Irelands London embassy refused to accept a letter condemning

the state's assault on anti-austerity activists while an RT
cameraman filmed on
RT.COM
Irelands London embassy refused to accept a letter

condemning the state's assault on anti-austerity activists while
an RT cameraman filmed on Wednesday. The Irish state is
fearful of "political policing" gaining global media attention,
campaigners say.
Following three days of heavy handed dawn raids on the
homes of Irish anti-austerity activists, a solidarity protest was
held outside the Irish embassy in London on Wednesday.
The demonstration was organized after 11 Irish anti-water
charges campaigners were arrested, detained and questioned
by police. The campaigners in question maintain they were
arrested on spurious grounds.
Among those hauled into police custody were socialist TD
(MP) Paul Murphy, and leftist Dublin councilors Mick Murphy
and Kieran Mahon.
All three men are public representatives of Irelands Anti-
Austerity Alliance, which has campaigned tirelessly against the
Irish governments debt repayment strategy to international
and EU creditors. Following several hours of questioning, they
were released without charge.
Other anti-water charges campaigners arrested by Irish police
include two boys aged 16 and 14. Ten officers were reportedly
dispatched to arrest the 16 year-old, while six officers showed
up at each of the remaining activists doors.
The campaigners were detained in police custody in
connection with an incident at a community demonstration in
Dublin last November involving Irelands Minister for Social
Protection. A criminal investigation regarding the alleged false
imprisonment of Minister Joan Burton at the rally is ongoing.
Burton's car was reportedly obstructed by protesters for two
hours during the demonstration while she remained seated in
the vehicle. Additionally, members of her team say they were
assaulted as police escorted them from the scene.
Irish TD Paul Murphy, who was removed from his house at
7am on Monday by police, told RT the arrests were politically
motivated, and designed to intimidate Irelands anti-water
charges movement.
The movement opposes the Irish governments recent policy
shift on water taxation. Campaigners warn the government's
water charges are a veiled austerity tax that many Irish
citizens can't afford to pay.
Murphy stressed the timing of the arrests, following the
election victory of Greeces leftwing Syriza party, is worth
noting.
We have an establishment that is scared, scared that the
lessons of Greece will be learnt, that there is an alternative to
austerity and the establishment parties can be ousted, he
said.
They focus that fear, correctly in my opinion, on the anti-water
charges movement, which is the biggest movement of protest
this state has seen in decades.
The TD for Dublin South-West said he was unsure who had
orchestrated the arrest of the political campaigners. He
suggested the call may have come from the upper ranks of
Irelands police force or the Irish government itself.
Murphy argued the primary objective was to criminalize the
anti-water charges protests, and quietly quash dissent.
Wednesdays protest outside the Irish embassy was organized

by the Socialist Party of England and Wales. Neil Cafferky, a
member of the party, told RT the arrests of political
campaigners in Ireland were designed to undermine Irelands
anti-water charges movement and wider political left.
UK campaigners who were gathered at London's Irish
embassy on Wednesday attempted to hand its staff a letter
criticising the Irish governments attack on the democratic
right to protest.
Protesters had informed the embassy of the letter prior to the
demonstration.
Embassy officials refused to accept it, however, while an RT
cameraman remained on the scene. They subsequently
accepted the letter once the cameraman had left.
The eviction of the RT cameraman from the embassy really
does show that the Irish government is not at all comfortable
with the scrutiny these arrests are attracting worldwide, a
spokesman for the protesters said.
The demonstration's organizers told RT the continued
persecution of political activists in Ireland will be met with a
wave of protest internationally.
Demonstrators have gathered in multiple rallies across Dublin
in recent days to protest against what they say is the Irish
establishment's attempt to stamp out dissent.
Dublins recent wave of dawn arrests is not the first phase of
alleged political policing to surface in Ireland.
In January 2013, socialist TD Clare Daly was arrested for
supposed drink driving. She was handcuffed outside her car,
and subsequently brought into police custody.
Following official tests, it transpired she was well below the
states legal alcohol limit. Although the incident was reported
widely in Irelands press, her name was eventually cleared and
no charges were brought against her.
The timing of Dalys arrest is significant, Irish TD Paul Murphy

said.
He said the incident occurred while she was attempting to
expose a major scandal in the Irish police force. The Anti-
Austerity AllianceTD stressed Dalys arrest was staged,
whereby she washandcuffed and pictures were leaked to the
media.
He said the arrest was a calculated move to damage her
publicly and diminish the allegations she was making about
the police.
Irelands Prime Minister Enda Kenny insists Irish police
operate independently of the states government. Probed on
the arrest and detainment of Murphy, Kenny declined to
comment. As he made his way to a ministerial meeting, he
said the issue was a matter for Irish police.
They run their operations completely independent of
Government, he said.
Irelands Minister for Public Expenditure and Reform, Brendan
Howlin, also dismissed allegations of political policing
following the arrest of Murphy. Howlin said Irelands police
force and prosecutorial system is autonomous from its
government.
I reject any notion of political interference with policing, he
said.
The guards do their job as they see it in their own light
independently. Thats the way independent proper functioning
democracies work.
Anti-Austerity Alliance TD Paul Murphy was silenced when he
attempted to raise concerns over political policing in Irelands
parliament on Thursday.
The Ceann Comhairle, responsible for chairing Irish
parliamentary debates, ruled he was out of order. Murphy's
microphone was subsequently switched off.
Prior to the arrest of Irish campaigners this week, a political
meeting in Dublin held in solidarity with Greeces newly
elected government was monitored by two members of
Irelands Special Branch police force.
https://www.rt.com/news/231783-political-policing-quash-
dissent/#.VNz3ZeWlRJU.facebook
Watchdog implicates
Garda in bugging claims
PUBLISHED
11/02/2014
3
Brendan Howlin.
GARDA Commissioner Martin Callinan is to
seek clarification from the Ombudsman
Commission after a confusing statement
from the watchdog appeared to implicate the
Garda in the alleged bugging of its
headquarters.
/
Mr Callinan said he was gravely concerned that the
Ombudsman's statement contained a clear indication that
An Garda Siochana was in some way suspected of
complicity in the matter.
This was despite the Ombudsman's overall finding that the
existence of technical and electronic anomalies could not
be conclusively explained.
After remaining silent since the bugging allegations were
published, the Ombudsman issued a statement last night
which failed to explain whether its phones and emails had
been compromised at any stage.
Speaking this morning, Public Spending Minister Brendan
Howlin said the Garda Ombudsman needs to clarify to the
public in clear understandable language if its offices were
bugged.
Mr Howlin said he was "concerned" about reports of
bugging of the Garda Siochana Ombudsman Commission
and was "anxiously awaiting" a report from Justice
Minister Alan Shatter.
"I don't know what exactly happened. I don't know what
anomalies are. Has there been bugging?" he said on his
way into the Cabinet meeting.
Mr Howlin said the public needed to know if there was a
suspicion someone was about to bug or was in the process
of bugging the offices.
"Was there bugging or was there not?"
Tanaiste Eamon Gilmore says "spying is not acceptable".
Mr Gilmore was speaking in the wake of reports of
bugging of the Garda Siochana Ombudsman Commission.
The commission said yesterday an investigation by a
British security consultancy firm had confirmed the
existence of three "technical and electronic anomalies".
But it did not say what those anomalies were and
acknowledged they could not be conclusively explained.
The commission said the anomalies had raised concerns
about the integrity of its communications security but it
was now satisfied that its databases had not been
compromised.
Commission chairman Simon O'Brien, who held a two-
hour meeting with Justice Minister Alan Shatter and later
apologised for failing to inform him about the
investigation, said later that three credible threats had
existed.
The statement also said: "There was no evidence of garda
misconduct."
This resulted in a prompt response from Mr Callinan, who
called on the Ombudsman to explain the basis for
suspecting that members of the force could be involved.
He also wanted to receive an explanation of the nature and
extent of the "anomalies"; the current view of the
Ombudsman as to who might be responsible for the
"anomalies" if it was now satisfied the gardai were not
involved; and whether it intended to call in the gardai to
carry out inquiries if the Ombudsman believed there had
been a breach of its security, or a criminal offence had
been committed.
Mr Callinan also asked the Ombudsman to state whether
any matters identified now required investigation by An
Garda Siochana.
The Ombudsman Commission is to appear before the
Oireachtas public services oversight committee tomorrow
afternoon after it was contacted by committee chairman
and Sinn Fein TD Padraig Mac Lochlainn, who had called
for a report on its claims.
The commission is expected to come under pressure to
explain whether the "anomalies" represented a genuine
bugging attempt or were simply interference with internal
communications from wi-fi services in a nearby building.
Following the weekend leak of details of the debugging
investigation by the British firm, Verrimus, the
commission said that in the course of its operations, the
commission had always been conscious of the need for
appropriate confidentiality and proper levels of security
and had brought this to the attention of staff from time to
time.
On two occasions, since it began, security experts had been
consulted and a sweep of the building undertaken.
One of those sweeps was carried out on the evenings of
September 23 to 27 last year by Verrimus, at a cost of
almost 18,000.
This investigation ended on December 17. The commission
then decided to discontinue the investigation on the basis
that no further action was necessary or reasonably
practicable.
Given the outcome of the investigation, the Ombudsman
said it recognised the need to reinforce the security of its
telecommunications systems in the light of the specialists'
advice.
"We took the difficult decision not to report this matter to
other parties," the statement added.
"We did not wish to point fingers unnecessarily and we did
not believe that widespread reporting would be conducive
to public confidence."
The Ombudsman said it took the decision not to report its
suspicions to the gardai or Mr Shatter.
"We regret that now and this was communicated to the
minister by commission chairman Simon O'Brien this
afternoon".
After the talks with Mr Shatter, Mr O'Brien told reporters
that the meeting had been "very fruitful".
FEARS
Earlier, Taoiseach Enda Kenny said in Athlone he was
concerned that the fears and subsequent investigation had
not been reported to Mr Shatter, as required by law.
He pointed out that section 80, subsection 5 of the Garda
Siochana Act, 2005, required the Ombudsman to report
unusual matters of exceptional importance to the Minister
for Justice and that was a fundamental issue that it needed
to explain to the minister.
He said it was very important that the details of what had
transpired at the Ombudsman's headquarters be made
available to the minister "for public analysis" and enable
Mr Shatter to make a full report to the Cabinet today.
Asked if it might be a resignation issue for anybody within
the Ombudsman Commission, Mr Kenny said: "I always
like to see facts, before making any further comment."
Fianna Fail's justice spokesman, Niall Collins, called on
Mr Shatter to move quickly to establish who was
responsible for the alleged surveillance.
http://www.independent.
ie/irish-news/watchdog-
implicates-garda-in-
bugging-claims-
29997109.html
New rogue garda claim is

hammer blow to inquiry
Surely the Smithwick Tribunal, which
resumes in two weeks, must be
extended to deal with this critical new
evidence, writes Alan Murray
15/08/2012
It wasn't until 1979 that the Surveyor of the
Queen's Pictures, Sir Anthony Blunt, was
publicly outed as the fifth member of the
Cambridge spy ring that the KGB dubbed its
'Magnificent Five'.
Blunt's unmasking shocked the public even though the
British establishment had known for almost two decades
that he and John Cairncross were the duo who along with
Kim Philby, Guy Burgess and Donald Maclean had
betrayed MI6's espionage secrets to the USSR.
The Smithwick Tribunal which is scheduled to resume
public sessions in under a fortnight's time is beset with its
own dilemma concerning who was the 'fourth' and
perhaps the fifth IRA spy within the Garda.
Chief Superintendent Roy McComb detonated the
equivalent of an artillery shell on the floor of the tribunal
in July just as many lawyers and Irish government
ministers were heralding its conclusion.
The consequence of the material McComb brought to
Smithwick indicating that there was a hitherto
unsuspected fourth garda who helped the IRA around the
time Chief Superintendent Harry Breen and
Superintendent Bob Buchanan were ambushed and
murdered has rocked relatives and lawyers alike.
For Judge Peter Smithwick the implications of Chief
Superintendent McComb's five pieces of intelligence
delivered at the last stage of the Tribunal's public hearings
are immense.
One analogy that John McBurney the lawyer for the Breen
family uses is that of the final day of evidence during a
murder trial when a prosecutor announces that he has
more witnesses who may give evidence which does not
entirely point to the accused being the perpetrator of the
crime but insufficient time remains to hear their evidence.
"There is no conceivable way that this tribunal can be
concluded now without more detail being given, if not in
public but to the tribunal's lawyers at the very least, by the
PSNI about the 'fourth' garda. Whatever the financial and
time constraints that have been placed upon the tribunal
by the minister Alan Shatter, what Roy McComb brought
to the tribunal must be defined and the conclusions
presented and tested in public", he said.
The implications of there being a fourth rogue garda
hitherto unexposed or undetected by the Garda
Commissioner is huge.
Earlier during the Smithwick proceedings there was
reference to what may be another bent garda who within
Tribunal circles is referred to as the 'Monaghan Garda'.
It's not known if the Monaghan reference indicates the
officer's county origin, or his station or work area base,
nor is it known if this officer is the officer specifically
referred to by Roy McComb when he appeared at
Smithwick in July.
If the Monaghan Garda is not the retired garda officer
referred to by the chief superintendent then there were
five garda at least based around the border who during the
1980s are alleged to have assisted the IRA.
Whether the tribunal resumes its task of interviewing
witnesses like Chief Superintendent McComb remains
unclear but it is imperative that the existence of the fourth
suspected rogue garda and perhaps a fifth is explored.
That may necessitate the recalling of many Garda officers
who served along the border who have already given
evidence and who might be advised to arrange legal
representation before they are brought before Judge Peter
Smithwick again.
Those who have given evidence to Smithwick have
immunity from prosecution in the Republic in relation to
matters of a criminal nature they disclose in which they
may have been directly involved. But there is no immunity
from criminal proceedings if a witness is deemed to have
committed perjury.
Where the PSNI obtained this information indicating a
fourth rogue Garda officer so far unmasked is an
intriguing analysis for another day. Chief Superintendent
McComb's bombshell has created a major headache for the
tribunal, the Garda Commissioner and the Irish
government.
GSOC investigate Garda
Feb 14, 2014
Garda Commissioner Martin Callinan has said he's satisfied
that the force didn't bug the offices of GSOC.
Speaking alongside Justice Minister Alan Shatter at an event in

Templemore today, Callinan said:
"I want to unequivocally state that at no stage was any

member of the Garda Sochna Ombudsman Commission or
any of its members under surveillance by An Garda Sochna."
"That was not the case and I relayed that to the Chairman of
the Garda Sochna Ombudsman Commission when he came
to see me last Tuesday and the Chairman in turn assured me
that having carried out their investigations that there were no
matters of concern arising for An Garda Sochna".
hmmmmmmmmmm nothing?????
https://www.youtube.com/watch?v=2x7qGdMVW-E
Translation service brings
legal action against Garda
Commisioner's after
interpreter contract
awarded to rivals
PUBLISHED
13/04/2015
1
High Court judge Mr Justice Brian McGovern
A translation service has brought a legal
challenge to the Garda Commissioner's
decision to award a contract for the supply
of language interpretation services to a
number of rivals.
Gardai require interpreters when dealing with non-
English speaking people and has used Word Perfect
Translation Services since 2007 including under a
Department of Justice and Law Reform framework
agreement for such services.
Word Perfect says earlier this year, following a tendering
process, the Garda Commissioner awarded the contract for
translation services to Forbidden City, trading as
Translation.ie, Upper Ormond Quay, Dublin; Language
Training and Translating Ltd, t/a Context, Oranmore, Co
Galway; and to Natalia Cotov, t/a Accord Translations,
Oldtown, Co Dublin.
Word Perfect says this has been done in breach of EU
public procurement regulations.
It also claims conflict of interest in Ms Cotov's Accord
Translations getting the contract because she is married
to, or is the civil partner of, a Garda Mick Byrne who is the
son of former Garda Commissioner Pat Byrne.
Word Perfect says the current Commissioner failed to
exclude Ms Cotov's company from the competition or, at a
minimum, failed to ensure the alleged conflict or potential
conflict was removed. Alternatively, there was a failure to
explain how the conflict was removed.
Word Perfect is seeking orders under EU public
procurement regulations that the award of the contract be
set aside and/or permanently suspended. It seeks that
Word Perfect instead be appointed or alternatively a new
tendering process should take place.
It says the contract is worth 5m over four years. It
provides for face-to-face interpretation services in all
garda divisions though not over-the-phone interpretation.
The case was admitted to the Commercial Court on
Monday (April 13) by Mr Justice Brian McGovern, on
consent between the parties.
Word Perfect says in awarding the contract to the rivals,
the Commissioner failed to comply with EU regulations
and general EU law including by failing to provide
adequate reasons for the decision to select the preferred
bidders.
It is also claimed there was a failure to treat all bidders
equally and that Word Perfect was discriminated against.
The decision to award the contract to the rivals was taken
in breach of Word Perfect's legitimate expectation, it says.
In affidavits, Word Perfect's chief operation officer, Agim
(Jimmy) Gashi, says there were a number of serious flaws
in the tender process.
He also says the Department of Justice framework, under
which the service was previously provided, was a very
competitive way of procuring services and ensured the
best available price is obtained for the State.
This is in contrast to the way the Garda Commissioner is
currently procuring services which does not involve a
competitive process and results in the payment of "over-
inflated and historic prices", he says.
http://www.independent.ie/irish-news/courts/translation-service-
brings-legal-action-against-garda-commisioners-after-interpreter-
contract-awarded-to-rivals-31138930.html
As Dil descends into

chaos, the end of this
sorry story has never
looked further away
Mandy Johnston Twitter

PUBLISHED
11/02/2017
Garda Commissioner Nirn OSullivan (left) with Justice Minister
Frances Fitzgerald Photo: Colin O'Riordan
There is enough whistle-blowing going on in
Dil ireann to challenge the halcyon days
at the Mancunian rave venue the Hacienda.
Initially, we had garda blowing whistles on each other.

Not to be outdone, members of the fourth estate entered
the fray - with journalists blowing whistles on their
journalistic colleagues.
All whistles were being blown in the direction of
politicians in the hope that elected representatives will
raise the matter in Dil ireann under the protection of
privilege, provoking political and public outrage.
http://www.independent.ie/opinion/columnists/mandy-johnston/as-
dil-descends-into-chaos-the-end-of-this-sorry-story-has-never-
looked-further-away-35441687.html
Why PSNI should look to
summer of '69 if they
hope to beat dissidents
In seeking to curtail the influence of
paramilitaries, police must remember
that it's easier to act from a position of
strength than weakness, writes
Malachi O'Doherty
PUBLISHED
09/02/2017

Battle ground: a policeman on Percy Street after riots in

September 1969
Whenever commentators and politicians
discuss the likelihood of the return of
political violence to Northern Ireland, they
tend to say the same things. The conditions
are not the same now. Nationalists are no
longer a minority discriminated against. The
leadership of militant republicanism has
redirected the energies of the movement
towards politics.
Much of unionism is more secular-minded. It is no longer,
for instance, essential that a minister should be a member
of the Orange Order. And, aside from these things, many
other changes have made life more comfortable and less
stressful.
1
Unemployment isn't as high as it was when the last round
of Troubles erupted in the late-1960s. Most homes now
have central heating, so it is always easier to sit at home
than to go out on the street to warm yourself up with a
riot. And cheap flights and city breaks have given us access
- for the time being - to a big, open Europe.
But there is one crucial factor in the collapse of order in
Belfast and Derry in 1969 which is back with us.
Successive public inquiries located the varied contributory
factors to violence, but pointed to one huge failing in the
state - and that was the inadequacy of the police force, the
Royal Ulster Constabulary.
Throughout the 1960s, there had been warnings. One was
a massive riot - largely lost to the history books - in 1964,
when Linfield supporters returning from Windsor Park
across the Falls Road ran amok.
On Easter Tuesday that year, after beating a Catholic team,
Distillery, hundreds of men returning to the Protestant
Shankill Road spilled over into side-streets off the Falls
Road and clashed with the police and attacked and
taunted Catholic residents.
The fact that the Linfield supporters felt safe crossing the
Falls Road at all illustrates a culture and climate of the
time which is virtually incomprehensible today.
Five years later, there would be a peace line erected by the
Army, a permanent barricade to separate these
communities, each for its own safety from the other.
The RUC City Commissioner, Graham Shillington,
witnessed the eruption of the riot and told his men later
that he would not have believed it could have flared up so
quickly had he not seen it himself.
There was further rioting in September that year after
police removed an Irish tricolour from Republican Party
campaign offices at 145 Divis Street.
The display of the flag was illegal, but even the police
officer in charge in the area, later Chief Constable Jack
Hermon, said the flag was set back from the window and
only visible to passers-by "in a wholly Catholic area",
therefore, by implication, unlikely to cause offence.
Jack Hermon described how the police were almost
overwhelmed. He had had to organise his men to form
battle lines and throw stones back at the rioters.
Accounts of later riots often made much of the fact that
police lost control and behaved chaotically and brutally,
but the core reality was that they were ill-equipped and ill-
trained and that there was no reasonable excuse for this
other than that their pliant leaders assured the
government of the time that they could cope, when plainly
they could not.
In that September riot, one constable got a foot caught in a
drain from which the metal grating had been removed and
was attacked by the mob, but was rescued by a group of
older residents in Percy Street.
When Hermon visited one of those residents to thank her
a few days later, he discovered that her family was
republican and that her husband had served time for
possessing ammunition. He hadn't known. He hadn't been
briefed.
It's a small, but telling, example of the lack of
preparedness for what would follow.
Yes, there were lots of panic stories about how the IRA was
training for another uprising, but these were only told to
political effect. No one really believed them.
And when the balloon went up in August 1969, the police
misread and mismanaged the violence. They thought they
were faced with an Easter Rising-type revolt. They were
spooked by the sound of their own guns.
Police in Donegall Pass police station crouched inside their
building, believing that they were under fire, though they
weren't.
And the Army was sent in to restore order, because the
RUC had been thrown into disarray by a couple of dozen
IRA men, only a few of them armed, and hundreds of
young people with petrol bombs.
Their masterplan for dealing with the riots was to deploy
Shorland armoured cars, with Browning machine guns
mounted on them. These had been built for open-field
combat on the border, the idea being that they could scoot
along country roads and fire over hedges.
Their first outing was in Divis Street; their first casualty a
nine-year-old boy.
If you want to assess the danger of all this recurring in
some form, then you can take assurance from the political
progress, if you like, and the paltry campaign of the
dissident republicans, but you cannot take comfort from
the present state of policing.
The most important lesson learnt from that period has
been lost and forgotten. What if the police had managed
well enough in August 1969 and had not panicked into
using machine guns against civilians? The trauma that
took 30 years to work itself out of our system might never
have arisen.
But both the IRA and the police thought they were fighting
again in the style of 1964. And they were wrong.
The IRA had guns and used them, never believing that the
police would strafe the whole road with tracer fire. But
they did, because they couldn't think of anything else to
do.
On Tuesday, the Belfast Telegraph reported on failings
within the policing of Belfast. We reported claims by a
senior officer that local people have given up on
expectations that the police will deal with crime and are
now turning to republican dissidents.
The Belfast Telegraph photographer Kevin Scott, asked on
Twitter how he manages to get to incidents before the
police, replied: "It's a bit hard not to be there first when it
takes them a day to get there."
A concerned officer said that there were three problems
facing the police in their efforts to deal with crime: they
lacked the resources they need; response times are
delayed; and the police are nervous about the danger of
being attacked by dissidents.
They should be nervous. The danger is real.
But it can only grow if the police aren't up to the task of
curtailing paramilitaries.
It is not always a strong police force that resorts to
extreme violence. The past shows that brutality was the
more likely resort of a weak one.
http://www.belfasttelegraph.co.uk/opinion/news-analysis/why-psni-
should-look-to-summer-of-69-if-they-hope-to-beat-dissidents-
35435242.html
THE CORRUPTION OF AN GARDA SOCHNA

Written by Greg McInerney
Feb 15th 2015
Its clear to anyone of sound mind that the Irish police force has become
corrupt and unaccountable. What may have started as a fairly trivial
investigation into the systemic erosion of penalty points has underpinned what
many have believed for some time now, the Garda are above the laws they
purport to uphold. Here is a brief summary of the important, inter-linked issues
to date.
Penalty Points The Garda have been wiping peoples penalty points from
their licenses as personal favours on an enormous scale. At first glance, a
typically Irish brand of parochial corruption but the story goes much deeper.
War on Whistleblowers The mechanisms by which Garda can report
wrongdoing within the force have proven to be a sham. Garda can
supposedly approach the office of the Confidential Recipient, a subset of the
Department of Justice, anonymously and blow the whistle on internal
corruption. However the case is then referred to the Garda Commissioner to
investigate so it can be a case of senior Garda investing senior Garda. The
internal report into the penalty points found no evidence of corruption
surprisingly enough, a report which didnt even interview the very
whistleblowers who raised the issue in the first place. The Garda have a long
record of harassing and frustrating the work of whistleblowers in the past
including the two officers who revealed the penalty points scandal. Garda
Commissioner Martin Callinan described the actions of the whistleblowers as
disgusting.
The Media Irish Independent journalist Gemma ODoherty who was
investigating the penalty points corruption, was internally disciplined for calling
to Garda Commisioner Martin Callinans house for comment, a fairly typical
journalistic tactic. A few weeks later, she was offered a voluntary redundancy
despite having been one of the papers top investigative reporters for over a
decade. It subsequently emerged, though absolutely nowhere in the Irish
media, that the Irish Independents editor in chief Stephen Rae, a former
editor of the Garda Review magazine, had his penalty points wiped clean.
Cold Case Father Niall Molloy was murdered in 1985 in an inheritance
quarrel seemingly lifted from John B. Keanes The Field. Evidence was
contaminated, key witnesses were not interviewed and the Judge was a family
friend of the accused. Where the Garda come in is intriguing. Martin Cahill,
The General and one of Irelands most infamous crimes bosses, stole files
from the Director of Public Prosecutions office, files that contained details of
the case previously unknown to the public. Journalist Veronica Guerin then
revealed some of Cahills information which exposed the pathetic Gardai
investigation into the murder and the willingness of the DPP to cover it up.
So concerned were the Gardai with retrieving Cahills stolen files that,
according to crime reporter Paul Williams, they cut a deal with him to drop
charges against his associate John Traynor, one of the most notorious
gangsters in Ireland. The Molloy case was reopened but despite the
overwhelming amounts of evidence for a cover-up and at least mass
negligence, nothing ever came of it. The journalist who took up the case and
forced the State to reopen it? Gemma ODoherty of the Irish Independent.
GSOC and Minister Alan Shatter One of the whistleblowing Gardai involved
in the penalty points case was told by the office of the Confidential Recipient
that Minister Alan Shatter will go after you if he were to proceed with his
complaints. In addition, GSOC, the Garda Ombudsman, discovered that its
office had been bugged last year but did not approach Minister Shatter over
the issue, clearly in fear or knowledge that he would not do anything about it.
The Garda have denied bugging the office but the question of who else would
bug the office of a body charged with supervising the states police force
springs to mind.
Rather than address this essential question of who bugged GSOC, Minister
Shatter has sought to downplay the event and even focus his criticism on the
comparably insignificant matter of GSOC failing to inform him of this security
breach at an earlier date.
Garda Commissioner to meet
with GRA over cuts
The committee will meet with Callinan at Garda Headquarters in Dublin
this morning at 11am.
Feb 20th 2013
GARDA COMMISSIONER MARTIN Callinan is due to meet

with the central executive committee of the Garda
Representative Association (GRA) today to discuss the
impact of proposed cuts on the force.
The committee will meet with Callinan at Garda
Headquarters in Dublin this morning at 11am. Speaking
ahead of the meeting, President of the GRA, John Parker
told TheJournal.ie that members have asked the association
to convey their dire financial circumstances to the
Commissioner and see what he has to say.
Were looking for him to state that the level has been
reached as regards morale, he said. You need petrol in the
tank just as much as you need morale in your belly.
On Monday evening, members of the GRA attended the 24/7
Frontline Alliance rally where Parker said the Commissioner
and Minister Alan Shatter will have seen the turnout as
regards numbers.
The minister will have seen last night the issues discussed
and the calls for him to make a special case, he said. There
has to be some kind of recognition for the work that our
members do. Theres only a certain level they can take
before the risks arent worth taking and the job isnt worth it
anymore, so we push back.
Despite calls from Shatter for the groups representing garda
to return to talks on the Croke Park Agreement, the GRA has
maintained that it will not negotiate on any proposals to cut
pay.
Plans are now in place for industrial action by garda, to
start this Friday, which would see them turn off the
goodwill tap if the government pushes forward with
its proposals.
http://www.thejournal.ie/garda-commisioner-gra-meeting-800918-
Feb2013/
Journalist of the Year, Michael Clifford story
about the alleged bugging of the Garda
Ombudsmans Office.
Irish Examiner journalist Michael Clifford has scooped two awards,
picking up the gong for Story of the Year and Journalist of the Year
at the Tonight With Vincent Browne Political Awards 2014.
Mr Clifford won the honours for his outstanding coverage of the
garda whistleblowers scandal and its epic fallout, including the
resignation of garda commissioner Martin Callinan and justice
minister Alan Shatter, as well as thought-provoking articles on the
Cooke report examining alleged bugging of the Garda
Ombudsmans Office.
Irish Examiner editor Tim Vaughan described Mr Clifford as a
tenacious journalist a singular talent and a more than worthy
winner of the awards.
There is no one as talented as Mick for getting to the heart of the
matter, said Mr Vaughan. His capacity for analysis and for setting
out his stall in simple and eloquent terms is quite unique. He writes
with clarity and is utterly accessible. That is why our readers love
him, and equally, why many in positions of power fear him.
The awards were presented last night on Tonight with Vincent
Browne. The winners were picked by a panel comprising MEP
Luke Ming Flanagan, broadcaster Marie Louise ODonnell and
UCD lecturer Marie Moran.
Nirn OSullivan defends
closure of Garda stations
Policing Authority told new bureau seized 36m of drugs
and 36 weapons in first year
Mon, Apr 25, 2016, 14:54 Updated: Mon, Apr 25, 2016, 20:57
Fiona Gartland
Garda Commissioner Nirn OSullivan at the Policing Authority meeting for

discussions about community safety.
The Garda Drugs and Organised Crime Bureau arrested
more than 200 people in its first year of operation, the
inaugural public meeting between the new Policing
Authority and An Garda Sochna was told on Monday.
Commissioner Nirn OSullivan told the authority the
unit, amalgamated from the garda national drugs unit
and the garda organised crime unit in March 2015, also
seized 36 million worth of drugs and 36 weapons,
including AK47s and Makarov pistols.
She defended the closure of Garda stations around the
country. Garda focus was on engaging rather than on
bricks and mortar, she said. The closures had been
compensated for by higher visible presence in
communities, she said, including through the use of
clinics in communities, and increased patrols.
We are making sure our people are out, engaged, as
opposed to sitting behind desks, she said.
Deputy Commissioner Donal O Cualin, also speaking at
the meeting, said in the west of Ireland, a region he was
previously in charge of, there had been by and large, a
trouble free transition in many areas where stations had
closed.
Speaking on road deaths, Assistant Commissioner John
OMahoney said there had been 50 so far this year,
which was 50 too many. He said they hoped to bring the
numbers down to 120 annually by 2020.
He also told the meeting, since January, there had been
40,000 speeding detections and 2,000 seatbelt
detections. He conceded that the number of breath tests
had reduced, but there had still been 1,833 detections of
drink driving in the first three months of the year,
compared to 1,765 for the same period last year.
The meeting also heard 17,000 people had applied to the
force during the most recent recruitment drive for
garda, down from 24,000 applications at the last round,
in 2013.
Asked about recruitment among minorities, the
commissioner said the most recent campaign reached
out to all communities, and people from the LGBTI
(lesbian, gay, bisexual, transsexual and intersex)
community had been encouraged. She said there were 26
per cent of the force were women, but did not elaborate
on any targets to increase that figure.
The meeting was told research, undertaken by the garda

analysis team, had found 85 per cent of people trust
garda. It also found there was 70 per cent satisfaction
with garda. Women showed a slightly higher level of
satisfaction, and satisfaction increased with age. The
group showing lowest satisfaction, at 64 per cent, was
aged between 18 and 24 years.
The Garda Commissioner said the research showed trust
in garda had been consistently high over the last four
quarters.
The first public meeting between the authority and
garda, at the Royal Hospital Kilmainham, in Dublin,
focussed on community safety. Members of the authority
asked questions based on the objectives and initiatives
set out in Priority 3 Community Safety of the Garda
Sochna Policing Plan 2016.
At the opening of the meeting, chairwoman of the
authority, Josephine Feehily, described the meeting as
historic and said it was not an investigation, and she
did not expect the garda team to have every possible
fact and figure at their fingertips.
It is also important to say that oversight and
accountability ought not be seen as focussing principally
on fault-finding, she said.
She said there were few public services more important
than effective policing for the well-being of society, for
community confidence and for security of the State.
The authority, which was established on January 1st this
year is to hold at least four public meetings with garda
each year.
Members of the public can apply to attend and the
meetings will also be webcast live on the authoritys
website policingauthority.ie.
http://www.irishtimes.com/news/crime-and-law/nir%C3%ADn-o-
sullivan-defends-closure-of-garda-stations-1.2623867
Garda commisioner Nepotism or worse?
google_ad_section_end
google_ad_section_start The Garda has always been rife with
nepotism and cronyism and it looks like its continuing. After
the disgraceful behaviour of Shatter et al, one would assume
that a modicum of well, even basic ethics would ensue but of
course having proved herself useless as a Minister for Justice,
Francis Fitzgerald, who demonstrably was only appointed as a
safe pair of hands who would never rock the boat I doubt if
any action will be taken Worse with echos of the party Fine
Gael most aspire to i.e. Fianna Fail it now appears that
journalists phones are being bugged What a lovely little
country to trample on Democracy in!
Garda chief ill advised to put husband
on probe team
Friday, July 24, 2015
by Juno McEnroe and Jimmy Woulfe
Commissioner Nirn OSullivans actions have been called

into question amid separate concerns that journalists
phones are being bugged by the force.
It emerged yesterday the garda chief appointed her
husband, Det Supt Jim McGowan, to a team investigating
alleged leaking of information to journalists. Based in the
Dublin Metropolitan Region, he was assigned to the inquiry
under a chief superintendent.
A probe is examining how certain information about Roma
children was given to the media.
Asked at the Garda College in Templemore if there was a
conflict of interest over appointing her husband, Ms
OSullivan defended the decision. She said it was well
known her husband was a detective superintendent,
adding: Any role that he carries out in An Garda Sochna
is in that capacity.
The appointment sparked criticism from TDs, who raised
questions as to whether it was the correct decision, given
the recent controversies in the force.
Independent TD Thomas Pringle said: It is mind-boggling
nepotism by the commissioner. It is clear that those who
should know better have learned nothing over the last few
years.
There is not much hope of change in our society if the
powers that be see nothing wrong with these type of
decisions.
However, a garda spokesman asserted: Theres no
conflict of interest.
Social Democrat founder Catherine Murphy said she was
taken aback by the commissioners decision and described
it as ill-advised.
Its questionable to be appointing someone as close as
that, she said. That is not going to add to her
credentials.
Health Minister Leo Varadkar said any such appointment
should be based on a qualification.
Garda chief 'ill advised' to put husband on probe team | Irish
Examiner
The Garda commissioner has been criticised for making an ill-
advised decision by appointing her husband to investigate
leaks to the media from garda.Commissioner Nirn
OSullivans actions have been called into question amid
separate concerns that journalists phones are being
bugged by the force. It emerged yesterday the garda
chief appointed her husband, Det Supt Jim McGowan, to
a team investigating alleged leaking of information to
journalists. Based in the Dublin Metropolitan Region, he
was assigned to the inquiry under a chief
superintendent.
A probe is examining how certain information about
Roma children was given to the media.
Asked at the Garda College in Templemore if there was
a conflict of interest over appointing her husband, Ms
OSullivan defended the decision. She said it was well
known her husband was a detective superintendent,
adding: Any role that he carries out in An Garda
Sochna is in that capacity.The appointment sparked
criticism from TDs, who raised questions as to whether
it was the correct decision, given the recent
controversies in the force.Independent TD Thomas
Pringle said: It is mind-boggling nepotism by the
commissioner. It is clear that those who should know
better have learned nothing over the last few years.
There is not much hope of change in our society if the
powers that be see nothing wrong with these type of
decisions.
However, a garda spokesman asserted: Theres no
conflict of interest.
Social Democrat founder Catherine Murphy said she was
taken aback by the commissioners decision and
described it as ill-advised.
Its questionable to be appointing someone as close as
that, she said. That is not going to add to her
credentials.
Health Minister Leo Varadkar said any such appointment
should be based on a qualification.
http://www.irishexaminer.com/ireland/garda-chief-ill-advised-to-put-
husband-on-probe-team-344336.html
Garda officers free
to raise problems
says acting Garda
Commissioner
Noirin OSullivan
Noirin OSullivan said it had been a very
difficult month for the men and women of
An Garda Siochana
4 APR 2014
Former Garda Commisioner Martin Callinan and acting Garda
Garda Commisioner Noirin O' Sullivan (Photo: Collins Photo Agency)
Acting Garda Commissioner Noirin OSullivan today told
whistleblowers within the force: Dissent will not be
seen as disloyalty.
Ms OSullivan, who has stepped into Martin Callinans
shoes after his forced resignation, said Gardai will deal
with members who want to raise issues in a very
different way.
She said it had been a very difficult month for the
men and women of An Garda Siochana and she wanted
to send a message to them that everyone would be
listened to.
Ms OSullivan said: In any large and complex
organisation such as An Garda Siochana, there are
people out there every day who know what the issues
are on the ground and for me, I feel very strongly that
dissent should not be seen as disloyalty.
If somebody has something to say, if somebody wants
to bring something to our attention, they may not
always be right but what they see and what they say
can act as a catalyst for change and continuous
improvement.
Ms OSullivan was appointed interim Commissioner
after the retirement of Mr Callinan last month.
The former Commissioner was drawn into public
controversy when he described two whistleblowers as
disgusting.
Mr Callinan made the comments about Maurice
McCabe and John Wilson, who blew the lid on the
penalty points saga.
Asked if she agreed with her ex-boss, Ms OSullivan said
the use of the word was unfortunate.
She said: I think it was an unfortunate use of the word
disgusting. In any organisation as large and complex as
an Garda Siochana, there will be people who will
identify issues they want to bring to our attention.
I believe those people should be supported and we
need to have mechanisms in place to ensure they can
bring them forward.
Sergeant McCabe has been stripped off his access to
Pulse and any attempt to access the Garda system is
supervised.
Garda Wilson has retired from the force but said his
good name has been dragged through the mud by the
controversy.
Ms OSullivan said the former Commissioner had a
personal opinion in relation to the matter and he was
entitled to that opinion.
She said there was a review underway to give Mr
McCabe full access to the Pulse system and she
couldnt comment on that process.
The top cop, who will become the first female
Commissioner if kept on as boss, refused to be drawn
on the revelation phone calls in Garda stations were
illegally recorded for over 30 years.
Commisioner OSullivan said she could not comment
on the damning findings because of the impending
Commission of Investigation.
She said: The Commission of Investigation has been
established; while I would like to give you more detail, I
dont want to in any way infringe on the Commission of
Investigation that has been established.
Ms OSullivan said the claims that gardai attempted to
destroy the tapes would be explained in the fullness of
time.
The interim Commissioner admitted the public and
members of the force are concerned about the recent
revelations.
She said the force was going through difficult times
but were determined to do what they do best - tackling
crime.
She said: We will not take our eye off the target.
Speaking at a Garda graduation ceremony,
Commissioner OSullivan added: It has been a very
difficult few months for An Garda Siochana.
It is important to say focus is on servicing and
facilitating tribunals and Commissions of Investigations
we have to work with.
We have teams fully engaged in that around the clock.
It is important we reassure the public despite all the
things that have been going on, we are fully committed
to engage and support in communities in the excellent
work we do.
The men and women of an Garda Siochana every day
and every hour of every day are out working with those
communities to ensure people are fully protected and
safe.
Justice Minister Alan Shatter did not attend the event
because of a backlog of work in his Department.
http://www.irishmirror.ie/news/irish-news/garda-officers-free-raise-
problems-3375552
Minister's letter
'far from
satisfactory'
A letter received by Longford County Council from the

Department of Justice and Equality has been blasted as a
disgrace and gobbledegook by Cllr Peggy Nolan.
The correspondence was made in response to letters sent
by the council to Justice Minister Frances Fitzgerald and
Garda Commissioner Nirn OSullivan relating to the
vacant Garda Superintendent position in Granard.
In the letter from the Tnaiste and Minister for Justice, its
pointed out that the Garda Commissioner is responsible
for the distribution of all resources, including personnel.
This allocation of resources is constantly monitored in the
context of crime trends, policing needs and various
operational strategies in place on District, Divisional and
Regional levels to ensure optimum use is made of Garda
resources and the best possible Garda service is provided
to the public.
The letter also revealed that as of September 30, 2016,
the Garda strength in the Roscommon/Longford Division
stood at 297, and was managed by one Chief
Superintendent and three Superintendents.
Plans to increase the Garda workforce by 2021 was
outlined, before the letter concluded by saying; The
Tnaiste remains committed to ensuring that An Garda
Sochna continue to provide a modern, professional and
fit-for-purpose policing service.
Responding to the Tnaistes letter, Granard Municipal
District Councillor PJ Reilly said; She [Minister Fitzgerald]
done everything but answer our question about the
replacement of the Superintendent in Granard, which is
vacant for the last three to four months.
At the end of the letter, she referred the issue to the
Garda Commissioner Nirn OSullivan, so were awaiting a
response from her now, Cllr Reilly continued, suggesting
a second letter be sent to the commissioner, an action
which was supported by Cllr Paul Ross.
The letter was far, far from satisfactory and I would urge
that a letter be sent straight away to the Garda
Commissioner, Cllr Ross agreed.
Stating that the issue affected the entire county, Cllr
Peggy Nolan fumed; It has to be brought home to the
Minister, to the powers that be, that Longford is not going
to sit back and have any position that delivers safety left
vacant for any amount of time.
Describing the lack of superintendent as a retrograde
step, Cllr Nolan hit out at the Ministers response.
The letter was a disgrace. The letter was gobbledegook.
The letter said nothing, and it was how many pages? So
its an insult to this council.
A member of the Joint Policing Committee, Cllr Martin
Mulleady suggested that local Garda staffing numbers be
discussed at the next JPC meeting.
I would be concerned with the levels of staffing that we
have within our county at any one time, he said.
The discussion was ended by Cllr PJ Reilly, who added; I
just want to compliment Inspector Padraig Jones in
Granard who is carrying the can there for Superintendent.
THE GARDA SOCHNA'S FIRST UN
MISSION
http://policehistory.com/un.htm
Callinan: No legal action over PAC's
summoning of whistleblower
29/01/2014
Garda Commissioner Martin Calllinan has said he won't take
legal action over plans by the Public Accounts Committee
(PAC) to hear from a Garda whistleblower.
In a statement this lunchtime Commissioner Callinan said that
despite his reservations about the matter, it was "not in the
public interest" for the Garda to pursue legal proceedings
against an Oireachtas committee.
It comes after the committee decided to call in a garda
whistleblower Maurice McCabe to discuss allegations senior
officers were involved in routinely and corruptly wiping fixed
penalty notices for motoring offenders, prompting
Commissioner Callinan to threaten to seek a High Court
injunction to prevent this.
However that threat receded threat following Justice Minister
Alan Shatters decision to refer allegations of abuses in the
penalty points system to the Garda Sochna Ombudsman
Commission (GSOC).
The PAC has also agreed to meet Mr McCabe, a serving
Garda sergeant, in private tomorrow.
"While I continue to have reservations about this matter, I note

that the meeting will be held in private," Commissioner
Callinan said.
"I note too that it appears to be the intention to confine the
questioning of the person concerned and, in particular, that
person will not be able to make allegations against his
colleagues or members of the public."
The garda chief also pledged to co-operate fully with the
GSOC investigation.
"Ultimately, I believe that the investigation that the Minister for
Justice, Equality & Defence has asked the Garda Sochna
Ombudsman Commission to undertake is the proper manner
in which to investigate the allegations that have been made
and the circumstances surrounding them," he said.
"An Garda Sochna will, of course, co-operate fully with that
investigation and will learn any lessons there are to be learned
when that investigation has concluded."
Commissioner Callinan also said he had "every respect for the
role of the PAC", thanking its chairman John McGuinness "for
the courtesy he has shown me in dealing with this difficult
matter".
A public hearing last week was told of fresh claims that more
than 200 senior Garda officers inappropriately and in most
cases corruptly wiped penalty points from driving licences.
The whistleblower with around 30 years experience told
TDs that his life, career and family have been destroyed by the
scandal.
The row escalated as Mr Callinan branded the claims
disgusting and concerns were raised that the parliamentary
body was overstepping its remit.
Earlier this week, Mr Shatter stepped in to refer the
controversy to the Garda Ombudsman as a matter of public
interest.
The Justice Minister claimed he did not have the power to take
the unusual step until it had become political.
http://www.breakingnews.ie/ireland/callinan-no-legal-action-over-
pacs-summoning-of-whistleblower-621170.html
Mick Wallace: Garda Commissioner 'doing

so much damage' to Garda
06/10/2016
Garda Commissioner Noirin O'Sullivan is doing "so much
damage" to the Force which is in "turmoil", the Dil has heard
today, writes Daniel McConnell of the Irish Examiner.
Revelations in this week's Irish Examiner once again
dominated Leaders' Questions today in the Dil, where
Tnaiste Frances Fitzgerald came under serious fire over the
scandal.
Independents4Change TD Mick Wallace, in a very heated
exchange, pleaded with the Tnaiste to remove the
Commissioner from her position.
Mr Wallace said he and his colleague Clare Daly have met
with the two whistleblowers who made the latest Protected
Disclosures and said the Commissioner has failed to end the
persecution of whistleblowers in the force.
"The force is in turmoil... she is doing so much damage," Mr
Wallace said.
In response, the Tnaiste said that while details of the
disclosures are in the public domain, she is precluded by law
from commenting.
She also said that those involved are entitled to due process
and she would not be rushing to judgement.
In response to Sinn Fein's Mary Lou McDonald, the Tnaiste
said the Commissioner is entitled to her full confidence.
Ms Fitzgerald said that she would not be slow to establish a
full inquiry into the allegations should it be merited.
Fianna Fil's Charlie McConalogue began by asking the
Tnaiste to state whether it was true that the two people
behind the disclosures are likely to refuse to cooperate with
any pending inquiry.
In response, the Tnaiste said she could not comment.
Minister for Public Expenditure and Reform Pashcal Donohoe
has expressed his "full confidence" in Garda Commissioner
Noirin O'Sullivan, writes Elaine Loughlin of the Irish Examiner.
The Taoiseach Enda Kenny told the Dil that a judicial-led
inquiry may now be established by the Government into the
allegations, following the reports.
Speaking in Dublin this morning, Mr Donohoe said Tnaiste
and Justice Minister Frances Fitzgerald is now looking into the
latest allegations.
He added: "I have full support and confidence in the
commissioner Noirin O'Sullivan, she has made cleaar her
clear desire to tackle all of the cultural issues in relation to
whistle-blowing and all of the issues that has generated in
recent years. I fully accept that.
"We are making progress in that area but I know we have
more progress to make and the Tnaiste and Minister for
Justice is now fully considering the issue that she became
aware of under legislation that we brought in and will be
making a determination on the right course of action on that
soon."
http://www.breakingnews.ie/ireland/mick-wallace-garda-
commissioner-doing-so-much-damage-to-gardai-758090.html
Garda whistleblower a 'decent, honourable

man'
06/10/2016
One of the whistleblowers at the centre of a Garda scandal

has been called a "decent, honourable man".
Retired Detective Sergeant Alan Bailey said the senior Garda
who claims he was involved in alleged efforts to discredit a
previous whistleblower, feels it is his duty to expose distasteful
practices in the force.
The Garda Commissioner Noirn O'Sullivan has denied any
knowledge of the incident and wants it investigated at the
earliest opportunity.
However, she is now facing calls to step down.
Retired Garda Alan Bailey said the latest whistleblower is
credible.
"He's a decent, honourable man. I imagine he has come

forward because he feels it is his duty as a serving member
(of the Force). The allegations are very distasteful and I can
see why a man would come forward."
A judicial-led inquiry looks set to be established by the
Government into the allegations, following reports this week in
the Irish Examiner that senior garda engaged in a campaign
to destroy and crush a whistleblower within the force.
Taoiseach Enda Kenny has told the Dil a judge is likely to be
appointed to investigate the allegations.
Amid calls for her resignation in the Dil yesterday, Garda
Commissioner Nirn OSullivan (pictured) insisted she was
not privy to nor approved of any action designed to target
any Garda employee who may have made a protected
disclosure.
She said she would condemn any such action.
http://www.breakingnews.ie/ireland/garda-whistleblower-a-decent-
honourable-man-758039.html
Clare Daly tells Garda Commissioner her
authority was 'undermined' by
whistleblower allegations
12/10/2016
Crisis-hit Garda Commissioner Noirin O'Sullivan has insisted
she is "not privy to, nor would I approve, nor would I condone"
any targeted campaign by officers to silence whistleblowers in
the force, write Fiachra Cionnaith of the Irish Examiner.
Ireland's most senior garda made the comment at the start of
a high-profile Dil meeting this morning in which Ms O'Sullivan
was told if she did not know about the scandal her authority
has been completely "undermined" as the incidents were
"going on behind your back".
The Garda Commissioner has also rejected claims of
nepotism under her leadership of the force.
She denied suggestions about the roles of her husband and
her bridesmaid.
"It isnt the case I promoted my bridesmaid. I didnt have a
bridesmaid," she told the Oireachtas Committee on Justice
today.
Speaking at the start of a meeting with the Oireachtas justice
committee, whose members include outspoken whistleblower
advocates Mick Wallace and Clare Daly, Ms O'Sullivan was
repeatedly asked about her knowledge of the crisis at the
heart of the garda.
The questions came after superintendent and former garda
press officer David Taylor alleged he was part of a campaign
against whistleblower sergeant Maurice McCabe which he
claims was orchestrated by the highest levels of the force.
Maurice McCabe.
Separate allegations have also been made that a handful of
whistleblowers have been subjected to abuse within the force
and targeted due to speaking out over what they say are
serous issues within the garda.
However, faced with controversy - which is now the subject of
a six-week independent review by retired former High Court
judge Iarflhaith O Neill - during early questioning, Ms
O'Sullivan repeatedly said she is "not privy to, nor would I
approve, nor would I condone" any attacks on whistleblowers.
Asked directly by Fianna Fil justice spokesperson Jim
O'Callaghan if she was "aware of any effort by An Garda
Sochana to subject whistleblowers" to ill-treatment, Ms
O'Sullivan said she had no first-hand knowledge of such
alleged attacks.
The garda commissioner refused on seven separate
occasions to clarify how she responded to separate
whistleblower concerns from garda Kevin Harrison, whose
issues are not currently the subject of the independent review
by Judge O'Neill.
When asked about the matter and to clarify how many
whistleblowers have contacted her, she said she was "not in a
position" to address the issue and repeated she is "not privy
to, nor would I approve, nor would I condone" any campaign
against them.
Ms Daly said if this is true the garda commissioner did not

know about the scandal then her authority has been
"undermined" because the incidents of targets those who
speak out have been "going on behind your back".
Fellow Independents4Change TD Mick Wallace subsequently
asked if the garda commissioner is aware of any
whistleblowers or TDs being put under surveillance or phone-
tapped because of the controversy, to which Ms O'Sullivan
said there are strict rules in terms of surveillance matters.
Despite Mr Wallace heavily criticising Ms O'Sullivan as "things
are much as they were" since she took over from Martin
Callinan two years ago, the garda commissioner said there
were "factual inaccuracies" in the claims and that "if I painted a
pretty picture it's not all pretty in the garden yet".
Sinn Fin justice spokesperson Jonathan O'Brien also grilled
Ireland's most senior garda on the whistleblower controversy,
asking bluntly if she has "considered stepping aside
temporarily" while the issue is investigated.
However, Ms O'Sullivan said her only focus is on where the
force is going and that she has no intention of stepping aside,
adding all whistleblower claims will be "fully and appropriately
investigated".
The Commissioner also told the Oireachtas justice committee
she believes how protected disclosures are dealt with needs to
change.
Ms O'Sullivan said: "The professional expert can help us to
review our internal structures, our internal policies and our
approach to things.
"If there are areas that we can strengthen, we are very open to
strengthening those.
"But perhaps it is time for a consideration to be given to some
type of an independent entity where all of these issues go to,
and that people can have some reassurance that there is
somebody independently looking into all of these matters."
http://www.breakingnews.ie/ireland/clare-daly-tells-garda-
commissioner-her-authority-was-undermined-by-whistleblower-
allegations-758986.html
Six more Garda whisleblowers about to
make revelations: Clare Daly
10/11/2016
Six more Garda whistleblowers have or are about to come
forward.
Independent TD Clare Daly told the Dil today that she has
been in contact with the whistleblowers.
She also said the judge-led review of allegations by two senior
garda of an orchestrated smear campaign had not made
contact with the whistleblowers and it is to report next week.
Deputy Daly said more allegations are about to be made.
"Myself and Deputy (Mick) Wallace have met with a further six
serving members of An Garda Sochna who have all either
made protected disclosures or are on the verge of doing so,"
she said.
She added others who had made protected disclosures,
including but not limited to names in the public domain had
experienced a "horrendous nightmare" since speaking up.
Public asked for feedback on draft Code of

Ethics for Garda
22/08/2016
The public is being asked for its views on a new Code
of Ethics for Garda.
The Policing Authority has drawn up a Draft Code of
Ethics for An Garda Sochna, including a duty of
speaking up - stemming from a primary loyalty to the
public.
The Authority has clashed with the Garda
Commissioner over the treatment of whistleblowers by
the force.
Among the recommendations in the Code of Ethics is
that Garda would not engage in bullying behaviour on
social networking sites.
Misuse of the Garda Pulse system is also singled out as
a possible violation of the code.
Responses to the consultation can be made via email
to info@policingauthority.ie and should be received no
later than close of business on Friday, September 23.
The Authority will be holding a consultation event on
Thursday, September 8 from 10am to 12.30pm on
September 8 at Chartered Accountants House, 47-49
Pearse St, Dublin 2.
http://policingauthority.ie/Website/PA/PolicingAuthorityWeb.nsf/page/
DCMY-ACMEFX1136388-en/
$File/Draft_Code_of_Ethics_for_Consultation.pdf
Tnaiste defends
Justice Minister and
Garda
Commissioner
ahead of release of
report into the
penalty points
controversy
By radiokerrynews -
12th March 201
The Tnaiste has defended the Justice Minister and
Garda Commissioner ahead of the
publication of a report into the penalty points
controversy.
The review by the Garda Inspectorate is expected to

recommend that the power to quash penalty points is
removed from local garda. Garda Whistleblower John
Wilson says Minister Alan Shatter and Commissioner
Martin Callinan should resign on foot of the findings.
Tnaiste Eamon Gilmore says the Justice Minister will
act upon the reports findings. And he says the Garda
Commissioners position is safe:[audio_player
src=http://media.radiokerry.ie/mediamanager/embed/a
udio/19692/medium/]
Garda museum opens in
Dublin Castle
Independent.ie Newsdesk Twitter

EMAIL
PUBLISHED
13/12/2016 | 02:30

2
Assistant Commissioner, Jack Nolan beside a former Garda Car, a
Vauxhall Victor 1973, which was on display at Dublin Castle before
the opening of the new Garda Museum detailing the history of the
force. Photo: Damien Eagers
A new Garda Museum officially opened at
Dublin Castle last night tells the story of
policing in Ireland from the era of night
watchmen to high tech CSI investigators.
:
Garda Commissioner Nirn O'Sullivan cut the ribbon at
the entrance to "a treasure trove" of fascinating items from
the history of the garda and its predecessors.
Garda Commissioner, Noirin OSullivan with Dara Lynne Lenehan,

museum designer at the opening of the new Museum. Photo:
Damien Eagers
She was taken on the museum tour by its curator, Garda
Sergeant Martin Drew and museum designer Dara Lynne
Lenehan.
Keeping the peace in turbulent times features strongly in
the exhibitions with stories of baton charges in the 1913
Lockout in Dublin, upheavals of the 1916 Rising and the
burning of police barracks in the War of Independence.
A decision to keep the new force completely free of politics
meant garda were not allowed to vote until 1959. Mutinies
by police are also featured. The 88 garda who died while
on duty are honoured too.
Weapons seized from criminals were on display, including
a crossbow, a sawn-off shotgun, and a Kalashnikov rifle.
Ms O'Sullivan (above right, on the tour) said the museum
"showcases the tremendous contribution An Garda
Sochna has made to this country and its people".
"It also shows how An Garda Sochna's strong focus on
working closely with communities has remained the
same," she said.
An earlier policing museum housed in a medieval tower in
the castle closed some years ago due to unsatisfactory
conditions.
http://www.independent.ie/irish-news/garda-museum-opens-in-
dublin-castle-35289408.html
"Nuns in convents baked bread to help the poor.
Families survived on 5 shillings. One pound of
butter was 1.
Courts Martial Trials of the " by
Myles Dungan in Richmond
Barracks @ 7pm 19th Oct
2016.
A Garda hat from 1922

Girls selling shamrocks on a Dublin street, 1916
Sgt Che Heron of (who is the Great Grandson of
#1916 Leader James Connolly) visiting Pearse
Street
Custom House on fire. Fire tacked by Auxiliaries.
DFB arrive - spread out and take paraffin to spread
fire.
TARA STATION DFB fire crew of
DFB in 1921. Includes Austin
McDonald (West Mayo IRA),
Martin Buckley and Joe
Connolly
They are in danger of running out of judges to run
commissions of enquiry at this stage. Still, the beaks are
making a few bob and the barristers are raking in
MILLIONS ... (even Jim O'Callaghan must be considering
quitting politics for the more lucrative C. of E. business).
When all the commissions of enquiry are done - around
the year 2050, everybody will be happy. And mostly dead!
Noirin O'Sullivan knew about the McCabe allegations in
2014.
Guess it's the usual Deny , Deny , Deny when you get
caught out
O SULLIVAN TOLD JOURNALIST MET ABUSED GIRL
OSullivan told
journalist met
abused girl
John Mooney
February 12 2017, 12:01am,
The Sunday Times
The former head of the garda press office says he

texted Nirn OSullivan to say a journalist had
interviewed a woman making unsubstantiated
allegations of sex abuse against Maurice McCabe.
The message, sent in February 2014, is said to be
proof the commissioner was aware of a smear
campaign orchestrated by force management.
The garda commissioner has denied the allegation
made by David Taylor, a superintendent she
suspended for passing sensitive information to
journalists almost two years ago. Taylor says
OSullivan responded to his text message by saying
perfect.
Taylor has also claimed he and his garda superiors
discussed stories written by journalist Paul Williams
in the Irish Independent in which the woman was
quoted as demanding an investigation into an
unidentified garda, now known
http://www.thetimes.co.uk/article/osullivan-told-journalist-met-
abused-girl-b5vwmckhf
STATE CRIMES AGAINST INNOCENT PEOPLE HAS IRELAND ON A PAR
WITH DESPOT DICTATORSHIPS: It would not happen in a functioning
democracy. It would not happen in a civilised society. It would not
happen in a country which genuinely upholds basic internationally
recognised human rights. But it does happen in Ireland on a regular
basis. It happens in our police stations. It happens in our court
rooms, especially in the top secret family courts. It happens in our
Child Protection Agencies as a matter of course. What is that IT that
we are writing about here, we hear you ask? The IT is criminality
being perpetrated with impunity against the people of this country
by powerful and unaccountable organs of this state. There is NO
oversight and NO PUNISHMENT available to those who get caught,
so the incentive for state bodies and their employees to abuse the
human rights of the people of this country is massive. When Tusla
can provide the excuse of 'error' in describing the reason for
effectively placing an innocent man's name on it's own sex
offender's register, we then are in no doubt how evil that agency is.
Social Workers tell lies as a matter of course every day in court
rooms and on legal documents. It is almost as that conduct is part of
their training. They tell lies with smiles on their faces in order to
destroy families to feed the lucrative foster care industry which pays
345 per week per foster child. They, in many instances, target the
children of good parents while ignoring children gravely at risk from
bad parents. For those in doubt that children at risk are being
ignored by Tusla and the Gardai, just spend a little time around Bus
Aras in Dublin City Centre, especially around the Luas stop which is
outside Store Street Garda Station. In that area there are people in
control of infants in buggies while out of their heads on heroin and
alcohol in broad daylight. The foster care industry does not want
such vulnerable children. And the adoption industry certainly does
not want them. This latest scandal surrounding Ireland's so called
child protection system and law enforcement has been known by
many people for a long time. It has been known by those families
affected by such corruption, where those who stand up to corrupt
organs of the state can expect Social Workers at their doors as a
matter of course. For Tusla's chief Gordon Jeyes to come out circling
the wagons yesterday denying that there was collusion between his
agency and the Gardai was a dead giveaway that there IS collusion
between his agency and ALL other state bodies whenever such
collusion is convenient. How can Mr. Jeyes confirm that no collusion
exists? How could he have such knowledge since Thursday night's
Prime Time investigation? How could he have issued such a
definitive statement in such a short period of time since the
previous night's revelations? Once we see an immediate denial from
an Irish state body of something which they have not yet being
accused of, then we should be suspicious. Nobody in politics or
media had at that stage suggested there was any collusion between
Tusla and the Gardai. So why circle the wagons? The course of
justice has been perverted by those responsible for serving this
country. Which means nobody will ever be held accountable or be
brought to justice. Ministerial or other resignations will mean
nothing. They will be just replaced with the same old again. A
frightening thought for anyone believing that we live in a society
governed by justice, democracy and decency
Brendan Howlin and the Anglo Tapes
Jul 1, 2013
Members of Rage against the Regime (RAR) Today lodged
requests at the department of finance regarding the Anglo
Tapes. On exiting the building they encountered Minister
Howlin. Derek from Dublin Says NO recorded (RAR) Who tried
to question the Minister. Mr Howlin tried to grab the camera
and refused to speak to us. So much for being a voice of the
people Mr Howlin!
https://www.youtube.com/wat
ch?v=u4IHEOjHNiA
The pretentious little shit that is the little runt, leader of
the #SelloutLabour would have us believe he is fighting
corruption.
He was in government when theb stories of the whistle
blowers first broke. He didn't fucking nothing just like
when he was pressed on the Anglo Tapes by Vincent
Salafia , Paul Madden and myself. In fact rather than
answer a simple question the little shit tried to pull the
camera from my hand.
Howlin in opposition is just a populist prick using the
Whistle blower scandal to further his party. He doesn't give
a damn about the truth. He is electioneering from
someone's misfortune
Journalist shocked by anti-
Irish abuse over Telegraph
article
June 20, 2014
By Niall O Sullivan
AN IRISH journalist has spoken of his shock after

an article he wrote online was met with anti-
Irish abuse.
Angry Telegraph readers took to the internet to
abuse Irish people after Padraig Reidy wrote an
article on its news blog saying he was supporting
anyone but England in the World Cup.
While some commentators lined up to say immigrants
who dont like England should leave, others expressed
explicitly anti-Irish sentiments.
Spoken as a true mick. Stay home, paddy. We dont
need or want your grudging support. Line up with us
wholeheartedly or stay out, wrote one reader under
the screen-name William Law.
Another said: Its a hot day and Paddy walks into a
bar and asks for a pint of lager and lime. How much
lime would you like Paddy asks the barman. Just a
shovelful says Paddy.
A third wrote: Shouldnt you be out in the garden
tending your potatoes?
Mr Reidy, who has also written for the Guardian and
the Irish Times, told The Irish Post he was very
surprised by the reaction to his article.
It was a fairly light-hearted piece and I would have
happily taken people having a go at me personally,
but the tone it took in terms of generalising about Irish
people is quite worrying, he said.
It turned very quickly from addressing the article to
general go-back-where-you-came-from-style abuse.
Mr Reidy added that he was particularly shocked by
comments from one reader, who suggested Irish
people were to blame for the decline of Britain and
warned against employing people from Ireland.
The commentator, using the alias oldman, said:
Interestingly the decline of the British nation began in
the 1840s with the first wave of mass immigration
from Ireland. Since then, the more immigrants we
have, the greater the decline of Britain.
Another reader replied: But never have our drives
been so well tarmacked [sic.]
Oldman responded by saying: Then you are very
lucky. Never never never employ anyone who cold
calls and speaks with an Irish accent. And the police
wont help. I have been through that misery.
Despite being taken aback by the tone of the
discussion, Mr Reidy said he did not want to see the
Telegraph take down any of the comments.
It is good to know that these sentiments exist, to be
honest, and censoring them wont make them go
away, explained the 36-year-old, who often writes
articles defending freedom of expression.
I wouldnt say that the Telegraph or any other
website should censor anybodys views unless they
are genuinely trying to incite violence.
Mr Reidy said none of his previous work had been met
with anti-Irish abuse during his 16-year career.
But he added that he had previously encountered anti-
Catholic abuse.
What you tend to get, especially when you write
about the Catholic Church, is a sense of lingering anti-
Catholic sentiment, he said.
I think that still exists and is unacknowledged in
Britain.
The Irish Post has asked the Telegraph for comment
but did not receive one.
They have destroyed my family - Maurice McCabe after

TUSLA blunder led to false child rape allegation put into
his file
A counsellor notified child and family agency and
horrendous claim ended up on whistleblower's file, which
was then sent to Gardai
BYNIALL MOONANCORMAC O'SHEA

07:37, 10 FEB 2017UPDATED09:55, 10 FEB 2017
NEWS
False claims destroyed my family...Garda Sgt Maurice

McCabe (Photo: Gareth Chaney Collins)
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Child and family agency Tusla accidentally put child rape
allegations into a file on Garda whistleblower Maurice
McCabe, it emerged last night.
A counsellor "copied and pasted" the explosive claims -

which were completely untrue - into a dossier which was
then handed to Gardai and widely circulated in 2013.
It is believed this led to the 'smear' campaign against the

officer, who had raised serious issues about
mismanagement within the force.
TUSLA admitted it made a "clerical error" in 2014, but Mr

McCabe only found out about the damaging allegations
last year.
Under pressure...Garda Commissioner Noirin O'Sullivan

(Photo: Stephen Collins/Collins Photos)
The new development comes following allegations in the
Dail by Labour's Brendan Howlin that Garda Commissioner
Noirin O'Sullivan contacted journalists saying Mr McCabe
was facing a sex abuse rap - which she denies.
RTE's Prime Time last night revealed that the Tusla file was
widely circulated in 2013 although no attempt was made
to bring the allegations to Mr McCabe.
The false allegation stated that the father abused a young

girl, claims which Mr McCabe said had destroyed his
family.
He told today's Irish Examiner: "How can I and my family

be on the system [in Tusla] since 2013 and not be told
about it?
"The first I knew about any of this was when I contacted

about that horrendous allegation last year."
"They have destroyed us. I find it hard to believe that it

was an honest mistake."
Senior members of the force were aware of the

allegations, according to the programme.
Blunder...child and family agency Tusla

Responding to the extraordinary blunder, Fianna Fail's
Dara Calleary said McCabe had been failed by the State.
Minister for Children Katherine Zappone is under pressure
to explain why she failed to inform Cabinet colleagues
about false sex abuse allegations against whistleblower
Sgt Maurice McCabe.
Terms for an inquiry into an alleged garda smear
campaign are set to be extended after a fresh political
crisis engulfed the Government over how Sgt McCabe was
treated.
Meanwhile, RT has reported a second case of a Garda
whistleblower who claims they were referred to Tusla as
part of a campaign of harassment involving garda. Justice
Minister Frances Fitzgerald was allegedly told of a child
protection referral for the garda whistleblower last
October, made by his garda superiors.
Ms Zappone is facing mounting questions about why she
did not tell Cabinet colleagues about a Tusla file with false
child sex abuse allegations against Sgt McCabe. She said
it would have been inappropriate to brief colleagues on
the issue.
The child and family agency said it was giving Sgt McCabe
an apology, after it emerged the file was on its database
for two years without his knowledge.
Rocked by the further grievances against Sgt McCabe, the
Government said the Tusla blunder would specifically be
included in the commission of investigation. The Cabinet
will discuss this next week, before a Dil vote on the terms
on Thursday.
However, a series of accusations and questions now face
Ms Zappone and Ms Fitzgerald. There are questions about
how much the ministers knew and shared about the false
allegations after Sgt McCabe met Ms Zappone last month.
Ms Zappones spokesman said yesterday that she met Sgt
and Mrs McCabe on January 25, after becoming aware of
the Tusla file the previous week.
A statement added: Minister Zappone informed relevant
Government colleagues during the course of this period.
Minister Zappone was always of the view that Tusla would
form part of the investigation by the commission of
inquiry.
But the justice minister, overseeing the terms for the
inquiry, said she was only told of the two meeting and not
any details on confidential Tusla records.
The terms of the inquiry also specifically referred to a
complaint of criminal misconduct against Sgt McCabe and
whether this allegation was used against him, added a
statement.
Taoiseach Enda Kennys spokesman also said he only
became aware of the false Tusla accusations on Thursday
night, when they featured on an RTE Prime Time
programme after earlier being published by the Irish
Examiner.
The minister made the Taoiseach aware she was in
contact with Sgt McCabe but no detail was discussed, he
said.
The growing questions, though, concern how Mr Kenny led
his Cabinet meeting last week without being informed
about the Tusla false sex claims against Sgt McCabe. It is
also unclear why Mr Kenny and Ms Fitzgerald would not
have asked Ms Zappone what she was meeting Sgt
McCabe about, or why.
The opposition has been especially critical of the justice
ministers denials to the Dil that garda had interacted
with other agencies in relation to Sgt McCabe.
Ms Fitzgerald said she would have been criticised if she
had made public the Tusla allegations.
Nonetheless, Sinn Feins Mary Lou McDonald asked
whether Ms Fitzgerald had misled the Dil by not
mentioning the Tusla file.
The Tnaistes office denied this and said that she, too,
had only first become aware of the Tusla allegations on
Thursday night. Ms Fitzgerald had not been briefed by the
childrens minister and had only been told about Sgt
McCabe meeting with Ms Zappone on the morning of
January 25, said sources.
Ms Fitzgeralds spokesman said that she was not closed
to the notion of now including the Tusla allegations in the
forthcoming Charleton inquiry.
But several sources insisted last night that Tusla would
now be specifically referenced in the inquiry.
Fianna Fil leader Michel Martin asked how alarm bells
had not gone off in Government when Ms Zappone learnt
of the Tusla allegations.
His party colleague, TD John McGuinness, went further and
said a criminal investigation was now needed. He also said
Garda Commissioner Nirn OSullivan should stand aside
while the inquiry is ongoing and he would seek party
support for this. Mr McGuinness said the Tusla apology had
been delivered to Sgt McCabes elderly neighbour, rather
than him.
Ms OSullivan refused to comment on the Tusla revelations
or how garda used the agencys information.
Sergeant Maurice McCabe finds it hard to believe false
claims made against him arose from an honest mistake in
how the case was processed, but social work experts have
not ruled out the possibility that this weeks revelations
simply highlight systemic issues in how such cases are
handled.
Thursdays dramatic developments exposed how the
garda whistleblower found himself receiving a letter from
Tusla in January last year about the allegation which
stated: We will have to decide if you pose a risk to
children. There are two key questions: who made the
clerical error which set off the false allegation, and when?
In August 2013, abuse allegations were made by a young
woman to a counsellor, who then contacted Tusla and the
garda. According to one senior social worker who spoke to
the Irish Examiner yesterday, the error the attaching of
a false accusation of serious abuse against Sgt McCabe
could have been made at this point.
It could have been something as simple as the counsellor
making more than one referral at the same time. Or typing
up notes from a pad incorrectly. Or cutting and pasting an
allegation from a different case under the name of Sgt
McCabe.
What seems less likely, according to the social worker, is
that the error was input later after the initial referral to
Tusla, mainly because if a standardised referral form was
used, it tends to not be changed once received by Tusla.
Another social worker Joe Mooney, who is now based at
the Unesco Child & Family Research Centre at NUI Galway,
said even a phone referral would have resulted in the
counsellor subsequently sending in a written referral.
While everything is speculation until the gaps are filled in,
he proposed that the initial error might have been made
by a counsellor and that the second error was made by
Tusla in not completely closing off the file when it deemed
in 2014 that the false accusation was due to a clerical
error.
It seems like this is a complete coincidence but it exposes
a monumental failure, he said. Given the huge caseloads
faced by social workers, those involving retrospective
allegations can go to the bottom of the pile. Despite
seeming to draw a line under the allegation in 2014, the
file still found its way to a social worker who then sent Mr
McCabe the letter just over 12 months ago.
And he asked: How many other cases are being fumbled
like this?
No mention of Noreen O'Sullivan etc on RTE News page for
last 24 hours!!!
Passing by Dail Fri night. I decided to pull in the plump
Political Police boy hoping he's a sound version (they do
exist?). "Noreen's a bold girl!?!" He stated 'we all make
mistakes.' I let this go & stated Gardai have lost the
support of the public. 'It could be worse, it could be
Germans (police), who use battons.' I said in any other
country the politicians would be shot for what they are
doing, homelessness etc. Big boy saw a programme on
Tv3 (years ago) where reporter acted as homeless &
collected "100." I confirmed this is not the norm &
average homeless is not a drug addict but a person who
lost their job or / & home. He was not convinced! His pay
increase in recent negotiations was 'pennies.' I confirmed
protesters saved him money coz Water Charges
suspended! He not like protesters! No talking to the boy!
He decided conversation was over. He / they do not like
their own people! Text book from Mary Lou on Morning
Ireland. They did not dare interrupt coz they are involved,
gave Noreen air time before to affect Maurice McCabe!
Scot Fred Mc Bride, CEO TUSLA, definitely knows more!
TUSLA take children from families across Ireland & get well
paid for arranging 'their care' elsewhere! See Anti
Corruption Taskforce! Our Left politicians must speak up,
out, nail Noreen, Frances, Katherine, Edna etc! Get them
out & new election asap!
FALSE SEX ALLEGATION

AGAINST MCCABE
CIRCULATED BY TUSLA
FOLLOWING CLERICAL
ERROR
THURSDAY, FEBRUARY 09, 2017
A file containing a false allegation of child sex abuse
against whistleblower Maurice McCabe was sent by
Tusla, the child and family agency, to garda and widely
circulated in 2013, however no effort was made to
substantiate the claim, writes the Irish Examiners
Michael Clifford.
The abuse claims were made by a young woman in
August to a counsellor, who contacted Tusla and garda.
However, no attempt was made to contact Mr McCabe
and put the allegations to him.
In 2014, Tusla admitted a mistake had been made and
attributed the false accusation to a clerical error.
It was only last year that Mr McCabe became aware that
the highly damaging false abuse allegation had been
widely circulated. He is to take a legal case against Tusla
and has met with Minister for Children Katherine
Zappone. She has indicated a public apology will be
forthcoming.
However, major questions remain as to how the
allegation came about, how it was processed by both
the Garda and Tusla, and why Sergeant McCabe was
never informed about it.
The allegation surfaced on a file in August 2013, and the
error was detected the following May, a period during
which Sergeant McCabes claims of malpractice were
causing major political and garda related controversy.
The allegation was known among senior officers in the

force. Despite this knowledge Sergeant McCabe was not
informed about it, either after the initial file was created,
or once it was discovered to be an error. He was not
arrested or questioned about the initial allegation, and
neither was he informed by the commissioner, his
employer, about the error after May 2014.
Todays revelation puts in context the rumours and
propaganda that has been swirling around Sergeant
McCabe since he brought forward his claims of
malpractice in the force.
Yesterday, Labour leader Brendan Howlin told the Dil
that he had been contacted by a journalist who told him
he had direct knowledge of the garda commissioner,
Noirin OSullivan, briefing journalists that Sergeant
McCabe was responsible for sexual crimes.
Mrs OSullivan has denied spreading the allegations of

sex crimes against Mr McCabe.
In a statement yesterday, she said she was surprised by
claims of her involvement in a smear campaign
targeting Mr McCabe and insisted it was the first time
she had heard the accusation.
The explosive allegations about a sex crime slur were
revealed by Labour leader Brendan Howlin who said he
was contacted by a journalist who claimed to have direct
knowledge of the Commissioner being in contact with
other reporters.
Ms OSullivan said she was taking an unprecedented
step to publicly deny the claims despite a judge-led
inquiry being ordered.
A statement from her office on Wednesday said: The
Commissioner has no knowledge of the matters referred
to by Deputy Howlin and refutes in the strongest terms
the suggestion that she has engaged in the conduct
alleged against a serving member of An Garda Siochana.
This is the first occasion on which the Commissioner
has been made aware of the allegations made by
Deputy Howlin and to her knowledge no report having
been made to the Garda Siochana Ombudsman or
elsewhere relating to the specific allegations.
Judge Peter Charleton has been appointed to lead an
inquiry into allegations that senior officers attempted to
blacken Sgt McCabes name among the media with
unfounded allegations.
He will examine nine issues including whether
Commissioner OSullivan knew about it or if she played
any part in directing it.
The Commissioner said Judge Charleton will get full
cooperation from the force.
Whistleblower Sgt Maurice McCabe has said a false
allegation of sex abuse circulated by Tusla, the child and
family agency, has destroyed his family.
It has emerged that the file containing the false allegation

of abuse was opened by Tusla and circulated to garda in
2013. However, no effort was made to substantiate the
claim.
The abuse allegations were made by a young woman in
August 2013 to a counsellor, who then contacted Tusla
and garda. However, Sgt McCabe was neither contacted
nor made aware of the allegations.
In 2014, Tusla admitted a mistake had been made and
attributed the false accusation to a clerical error.
It was only last year that Sgt McCabe became aware that
the highly damaging false abuse allegation had been
widely circulated. He is to take a legal case against Tusla
and has met with Minister for Children Katherine Zappone.
She has indicated a public apology will be forthcoming.
Speaking to the Irish Examiner, Sgt McCabe said the whole
affair had left his family distraught.
They have destroyed us, he said. I find it hard to
believe that it was an honest mistake.
Even though the sex abuse allegation was on file in 2013
and 2014, Sgt McCabe was not contacted about either its
existence or the discovery that the allegation was
completely false.
How can I and my family be on the system [in Tusla] since
2013 and not be told about it, he said. The first I knew
about any of this was when I was contacted about that
horrendous allegation last year.
Major questions remain as to how the allegation came
about, how it was processed by both the garda and Tusla,
and why Sgt McCabe was never informed about it.
The allegation surfaced during a period when Sgt
McCabes claims of malpractice were causing major
political and Garda-related controversy.
The allegation was known among senior management
within the force. According to the file on the matter, an
internal memo in Tusla on June 4, 2014, recorded the
following: The retrospective report which you are aware
contains a clerical error. I was informed that the
superintendent in the jurisdiction referred to in the report
was not yet aware of the clerical error and has been asked
to a meeting with the commissioner in relation to the
case.
It is unclear the extent to which Garda Commissioner
Nirn OSullivan was aware of the allegation or the
subsequent discovery of a major error. However, as the
head of the force, she should have been informed and she
should have been obliged to inform Sgt McCabe of the
development.
At no point in the process was Sgt McCabe informed about
what had occurred, either after the initial file was created,
or once it was discovered to be an error. He was not
arrested or questioned about the initial allegation, and nor
was he informed by the commissioner, his employer,
about the error after May 2014.
It is as yet unclear whether the whole affair was as a result
of gross error and incompetence or whether there were
attempts to deliberately smear Sgt McCabe with the abuse
allegation.
Even if incompetence was at fault, the failure to inform Sgt
McCabe is inexplicable.
He only became aware of the issue when he was
contacted by a social worker in Tusla in January last year
about the allegation. He was told he would have to be
interviewed.
We will have to decide if you pose a risk to children, the
letter said.
The social worker who sent the letter was operating off the
initial allegation and was not aware that a correction had
been made.
The revelations put in context the rumours and
propaganda that has been swirling around Sgt McCabe
since he brought forward his claims of malpractice in the
force.
On Wednesday, Labour leader Brendan Howlin told the
Dil that he had been contacted by a journalist who told
him he had direct knowledge of Ms OSullivan briefing
journalists that Sgt McCabe was responsible for sexual
crimes.
Ms OSullivan has denied spreading the allegations of sex
crimes against Sgt McCabe.
In a statement issued later on Wednesday, she said she
was surprised by claims of her involvement in a smear
campaign targeting Sgt McCabe and insisted it was the
first time she had heard the accusation.
The commissioner has no knowledge of the matters
referred to by Deputy Howlin and refutes in the strongest
terms the suggestion that she has engaged in the conduct
alleged against a serving member of An Garda Sochna,
said Ms OSullivans statement.
Mr Justice Peter Charleton has been appointed to lead an
inquiry into the allegations that senior officers attempted
to blacken Sgt McCabes name.
Justice Minister Francis Fitzgerald has agreed to broaden
the terms of reference of the inquiry following heated
exchanges in the Dil.
Opposition parties and a government backbencher
repeated calls for Ms OSullivan to step down. However,
she maintains the full support of the Government.
Speaking in Poland, Taoiseach Enda Kenny said there was
no prima facie evidence or no indication of any
wrongdoing of any kind by the Garda Commissioner, and
she was fully entitled to the support of the Government
while a commission of inquiry investigates allegations
against her.
Who exactly will carry out this full Criminal Investigation ?

election ......
Please have your vote counted by clicking on the journal.i

e and vote....
Poll: In the wake of the latest Maurice McCabe revelations,

do you have confidence in the garda?
Scandals overshadow everything else
for An Garda Sochna
details the litany of headline-grabbing incidents involving
An Garda Sochna over the past number of years.
February 12, 17
Theyve risked breaking the law to go on strike, tackled

the bloodiest gangland war ever seen in this country and
lost two of their members to vicious murders.
Yet when it comes to headlines for An Garda Sochna
these past few years, scandal eclipses everything else.
During the most shocking days of the Morris Tribunal
hearings, it would have been hard to imagine things
getting worse. This was a tale of faked evidence, false
allegations, intimidation of those who tried to speak out,
blind eyes turned by senior members indiscipline run
riot.
However, as Morris was issuing his report in 2008
perhaps even inspired by the hope that the tribunal would
change the culture in the force Maurice McCabe was
raising for the first time his concerns about botched
criminal investigations in the Cavan-Monaghan division
and was learning very quickly that his observations were
not welcome.
The efforts he made to have the failings he witnessed
addressed, and the extent to which senior figures sought
to silence him, only began to be hinted at in 2012 when
the penalty-points fixing scandal emerged.
Over two years there were separate inquiries into that
scandal by Garda HQ, the Comptroller and Auditor
General, the Public Accounts Committee and the Garda
Inspectorate, each concluding in one way or another that
the force had questions to answer.
In return, the treatment of Sgt McCabe and fellow
whistleblower John Wilson worsened and in January 2014
Commissioner Martin Callinan labelled them disgusting
at a PAC hearing he had wanted to block Sgt McCabe from
attending. His comments cause a political row and public
furore.
By March, Callinan was gone, having taken retirement
but his departure, preceded by a late night visit to his
home by a senior civil servant sent by the Taoiseach,
caused unease and led to the setting up of the Fennelly
Commission.
Fennelly wasnt just looking at irregularities in the ending
of a police chiefs career, however, but also the
simultaneous revelation that phonecalls in Garda stations
had been routinely recorded for years, flouting solicitor-
client confidentiality.
However, that wasnt all. It emerged that GSOC, the Garda
complaints body, had brought in security experts over
suspicions that its premises was being bugged. The
inference was that only garda could have carried out such
surveillance, but an inquiry by Judge John Cooke, found no
such evidence although he said the sophistication of
modern bugging equipment meant it could not be ruled
out.
Meanwhile, those issues Sgt McCabe had tried to raise in
2008 had emerged again. A litany of examples of flaws,
failures and flouting of basic procedures in criminal
investigations, including a murder, they led to the
appointment of barrister Sean Guerin to carry out a
scoping exercise to see if a full inquiry was warranted. It
was, and the OHiggins Commission was set up.
So just to recap, the line-up of scandals by mid-2014 was
penalty-points fixing, abuse of whistleblowers, potential
abuse of power in the sacking of a Garda commissioner,
illegal recording of citizens phone calls, possible bugging
of the Garda complaints body and shocking failures in
criminal investigation in the Cavan-Monaghan division.
There followed at the end of 2014 a Garda Inspectorate
report on criminal investigation by the force generally
which showed shockingly poor standards in training,
management, supervision, procedures, resourcing and
attitudes. That should have signalled that whatever was
left to come from the outstanding inquiries needed to be
published, accepted and addressed without delay so that
attention could return to the business of policing.
However, the publication of the Higgins Report, and
particularly the leaking of selective parts of it where
questions about Sgt McCabe were raised before release of
the full report which backed Sgt McCabe, ensured that
scandal would dominate the agenda once again.
It emerged this was just the latest, and not the worst,
attempt to blacken the whistleblower. Through the
protected disclosures of former Garda press officer David
Taylor, the ONeill Report and now the setting up of the
Charleton Commission, we know theres another very
unsavoury chapter ahead.
http://www.irishexaminer.com/viewpoints/analysis/scandals-
overshadow-everything-else-for-an-garda-siochana-442674.html
Thanks for calling Katherine' -
Frances Fitzgerald has torrid
time of it explaining her role in
Tusla saga
The Minister insists she had no knowledge of Tuslas involvement in the
Maurice McCabe saga before last Thursdays Prime Time broadcast.
February 12, 17
Frances Fitzgerald
Source: RT
Time last Thursday.
said.
Fitzgerald said:
Clare Daly
Source: RT
Incompetence
knows how it works.
Alan Kelly
Source: RT
do me? she asked.
bus, Kelly replied.
http://www.thejournal.ie/frances-fitzgerald-the-week-in-politics-
3235988-Feb2017/
EXTRACT ""After the bankers and politicians managed to
collapse the economy, the rest of us - in Michael Noonan's
words - "took one for the team" (the team being the
European banking system). Throughout the recession, the
wealthiest retained their position. The occasional poor
dear had to go to the UK and have a few pints while
waiting for the bankruptcy clock to run down.
More important - all the structured inequalities and
unfairness survived untouched. The hidden subsidies for
the well-off remain in place, as do the obstacles for those
born in the wrong area.
The sick and the poor are as afflicted in 2017 as they were
in 2006. And we have little reason to believe the
emergency department corridors won't be clogged with
trolleys a decade from now.""
Bertie Ahern says May is
putting Peace Process in
jeopardy
Wayne O'Connor
PUBLISHED
12/02/2017
Former Taoiseach Bertie Ahern Picture By David Conachy

Former Taoiseach Bertie Ahern has accused
UK leader Theresa May of putting the peace
process in jeopardy.
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In an interview with the Observer, Ahern said that the
British government appeared to have resigned itself to
establishing a border between the north and south once
the UK leaves the EU - with potentially devastating results.
"May seems to be switching her language," he said. "She's
saying not that there'll be no border, but that the border
won't be as difficult as to create problems. I worry far
more about what's going to happen with that.
"It will take away the calming effects of an open border.
Any attempt to try to start putting down border posts, or
to man it in a physical sense as used to be the case, would
be very hard to maintain,. It would create a lot of bad
feeling."
In its Brexit white paper published last month, the UK
stated its aim to have "as seamless and frictionless a
border as possible between Northern Ireland and Ireland".
The British secretary of state for exiting the EU, David
Davis, has suggested that the arrangements between
Norway and Sweden could be a model to copy, where
CCTV cameras equipped for automatic number-plate
recognition are in place. However the European
parliament's Brexit negotiator Guy Verhofstadt appears to
scorn such a model, given that there would need to be
customs checks and restrictions on free movement.
Ahern said he, too, was unconvinced that current
technology could do the job. There are hundreds of
crossing points on the border between the Republic and
Northern Ireland, with 177,000 crossings by lorries a
month, 208,000 by vans and 1.85m by cars.
"I haven't found anyone who can tell me what technology
can manage this," Ahern said. "The only way of doing this
will be a hard border. And any kind of physical border, in
any shape, is bad for the peace process," he said.
"Psychologically it feeds badly into the nationalist
communities. People have said that this could have the
same impact on the nationalist community as the seismic
shock of the 1985 Anglo-Irish agreement had on unionists
- and I agree with that."
http://www.independent.ie/irish-news/politics/bertie-ahern-says-may-
is-putting-peace-process-in-jeopardy-35443547.html
Unprecedented New
revealed
Philip Ryan Twitter

EMAIL
PUBLISHED
12/02/2017
Burke
has learned.
in January 2014.

damage' done to him
woman as a child.
said.
concerned."
So Tusla placed information on one person into a file on a different
person in 'ERROR'. That explanation must be standard issue with
Irish state bodies when they fall under suspicion. Because the
EXACT SAME excuse was used by the Data Protection Commision in
2015, when attempting to explain how my complaint to them went
missing in their office for a whole year. Who was my Data complaint
about? Yes you guessed it, TUSLA.

garda?
into a Tusla file.
February 12, 17

election.
may well change.
Sochna?
Poll Results:
http://www.thejournal.ie/poll-mccabe-gardai-
confidence-3234905-Feb2017/
Irish govt fears global

media coverage of political
policing, anti-austerity
activists say
Published time: 12 Feb, 2015
Russia reporting on our "Political policing"
Irelands London embassy refused to accept a letter condemning
the state's assault on anti-austerity activists while an RT
cameraman filmed on
RT.COM
Irelands London embassy refused to accept a letter

condemning the state's assault on anti-austerity activists while
an RT cameraman filmed on Wednesday. The Irish state is
fearful of "political policing" gaining global media attention,
campaigners say.
Following three days of heavy handed dawn raids on the
homes of Irish anti-austerity activists, a solidarity protest was
held outside the Irish embassy in London on Wednesday.
The demonstration was organized after 11 Irish anti-water
charges campaigners were arrested, detained and questioned
by police. The campaigners in question maintain they were
arrested on spurious grounds.
Among those hauled into police custody were socialist TD
(MP) Paul Murphy, and leftist Dublin councilors Mick Murphy
and Kieran Mahon.
All three men are public representatives of Irelands Anti-
Austerity Alliance, which has campaigned tirelessly against the
Irish governments debt repayment strategy to international
and EU creditors. Following several hours of questioning, they
were released without charge.
Other anti-water charges campaigners arrested by Irish police
include two boys aged 16 and 14. Ten officers were reportedly
dispatched to arrest the 16 year-old, while six officers showed
up at each of the remaining activists doors.
The campaigners were detained in police custody in
connection with an incident at a community demonstration in
Dublin last November involving Irelands Minister for Social
Protection. A criminal investigation regarding the alleged false
imprisonment of Minister Joan Burton at the rally is ongoing.
Burton's car was reportedly obstructed by protesters for two
hours during the demonstration while she remained seated in
the vehicle. Additionally, members of her team say they were
assaulted as police escorted them from the scene.
Irish TD Paul Murphy, who was removed from his house at

7am on Monday by police, told RT the arrests were politically
motivated, and designed to intimidate Irelands anti-water
charges movement.
The movement opposes the Irish governments recent policy
shift on water taxation. Campaigners warn the government's
water charges are a veiled austerity tax that many Irish
citizens can't afford to pay.
Murphy stressed the timing of the arrests, following the
election victory of Greeces leftwing Syriza party, is worth
noting.
We have an establishment that is scared, scared that the
lessons of Greece will be learnt, that there is an alternative to
austerity and the establishment parties can be ousted, he
said.
They focus that fear, correctly in my opinion, on the anti-water
charges movement, which is the biggest movement of protest
this state has seen in decades.
The TD for Dublin South-West said he was unsure who had
orchestrated the arrest of the political campaigners. He
suggested the call may have come from the upper ranks of
Irelands police force or the Irish government itself.
Murphy argued the primary objective was to criminalize the
anti-water charges protests, and quietly quash dissent.
Wednesdays protest outside the Irish embassy was organized

by the Socialist Party of England and Wales. Neil Cafferky, a
member of the party, told RT the arrests of political
campaigners in Ireland were designed to undermine Irelands
anti-water charges movement and wider political left.
UK campaigners who were gathered at London's Irish
embassy on Wednesday attempted to hand its staff a letter
criticising the Irish governments attack on the democratic
right to protest.
Protesters had informed the embassy of the letter prior to the
demonstration.
Embassy officials refused to accept it, however, while an RT
cameraman remained on the scene. They subsequently
accepted the letter once the cameraman had left.
The eviction of the RT cameraman from the embassy really
does show that the Irish government is not at all comfortable
with the scrutiny these arrests are attracting worldwide, a
spokesman for the protesters said.
The demonstration's organizers told RT the continued
persecution of political activists in Ireland will be met with a
wave of protest internationally.
Demonstrators have gathered in multiple rallies across Dublin
in recent days to protest against what they say is the Irish
establishment's attempt to stamp out dissent.
Dublins recent wave of dawn arrests is not the first phase of
alleged political policing to surface in Ireland.
In January 2013, socialist TD Clare Daly was arrested for
supposed drink driving. She was handcuffed outside her car,
and subsequently brought into police custody.
Following official tests, it transpired she was well below the
states legal alcohol limit. Although the incident was reported
widely in Irelands press, her name was eventually cleared and
no charges were brought against her.
The timing of Dalys arrest is significant, Irish TD Paul Murphy
said.
He said the incident occurred while she was attempting to
expose a major scandal in the Irish police force. The Anti-
Austerity AllianceTD stressed Dalys arrest was staged,
whereby she washandcuffed and pictures were leaked to the
media.
He said the arrest was a calculated move to damage her
publicly and diminish the allegations she was making about
the police.
Irelands Prime Minister Enda Kenny insists Irish police
operate independently of the states government. Probed on
the arrest and detainment of Murphy, Kenny declined to
comment. As he made his way to a ministerial meeting, he
said the issue was a matter for Irish police.
They run their operations completely independent of
Government, he said.
Irelands Minister for Public Expenditure and Reform, Brendan
Howlin, also dismissed allegations of political policing
following the arrest of Murphy. Howlin said Irelands police
force and prosecutorial system is autonomous from its
government.
I reject any notion of political interference with policing, he
said.
The guards do their job as they see it in their own light
independently. Thats the way independent proper functioning
democracies work.
Anti-Austerity Alliance TD Paul Murphy was silenced when he
attempted to raise concerns over political policing in Irelands
parliament on Thursday.
The Ceann Comhairle, responsible for chairing Irish
parliamentary debates, ruled he was out of order. Murphy's
microphone was subsequently switched off.
Prior to the arrest of Irish campaigners this week, a political
meeting in Dublin held in solidarity with Greeces newly
elected government was monitored by two members of
Irelands Special Branch police force.
https://www.rt.com/news/231783-political-policing-quash-
dissent/#.VNz3ZeWlRJU.facebook
It can only happen in Ireland,
poem by Rita Cahill
February 12, 17
The Useless, Corrupt Little fucking
Piggys
The Head Chieftains got Themselves
in a mess,
Look At some of the Garda they
recruit out of control, bad tempered
and evilness,
Some of the Garda loose control of
themselves,
Some Of the Garda are big bullies
using peeper spray and battens to
beat peaceful people in protest
Good guys like Wilson and Mc Cabe
are hard to Find,
Unfortunate for them, being a
Whistle Blower is not as safe in this
time,
when Chief Commissioners who
smear them and set in motion to
criminalized them,
Thats Treason to me in the eyes of
Irish law,
The Commissioner set out to
accomplish her revenge to a goal,
But it spit, splashed back like water
in her face, the corrupt dirty lying
troll,
Garda Commissioners are evil, in
the force, corrupt, like the
Governments, they have all
committed a cover up conspiracy
crime, oh yeah
Gagging decent Garda who tries to
tell the truth of a crime been
committed, get stung instead
In Returned they are silence and
threatened and bullied, they may as
well stoned them to death,
Fine fail, Fine Gail, are mainly to
blame,
Like a Duck that waddles quickly
down a Lane,
There are some good Garda and
some bad ones,
We Need to Pick the bad ones out of
the basket, and sort out the dirty
dozen,
I Dare to say, whats coming there
way,
Lets hope Garda Wilson and Other
good Garda and Garda Mc Cabe get
the justice they deserve,
Hopefully soon it may come there
way,
They have been to hell and
backwards, this false child sex
scandal against Garda Mc Cabe has
to be there worse,
At the Moment The good Garda,
that spoke out against criminal
activity paid a price that hit a nerve,
What happened to Garda McCabe
brought sadness to every Irish
citizen and a tear,
The good Garda were Gagged and
push aside,
There families, shattered and
broken and torn,
Evil Garda Commission in a woman
uniform of a womans scorn,
The Garda Whistleblowers, who look
over their shoulder like a fugitive in
fear?
The true facts here is that they
committed no crime,
But to them it feels like they may as
well be in prison doing time,
The Garda spoke the truth and in
return the Commissioners of the
head try to pin them down,
I say for the last time it can only

happen in Ireland
Poem by Rita Cahill
February 12, 17
Brendan Howlin puts serious
allegations of misconduct against
Garda Commissioner on Dil record
Provided by Irish Independent Garda chief Nirn OSullivan. Photo:
Gareth Chaney Collins
Labour leader Brendan Howlin has told the
Dil that a journalist today told him of serious
allegations of misconduct against Garda
Commissioner Nirn O'Sullivan.
Amid repeated warnings from the Dil
chairman, San Fearghal, the former Public
Expenditure Minister insisted it was important
for the Dil to hear what the journalist had
told him.
Mr Howlin said the journalist, who today
contacted him, said he had direct knowledge
of Commissioner OSullivan contacting a
number of journalists in 2013 and 2014 and
alleging the whistleblower, Sgt Maurice
McCabe, was involved in sexual crimes.
The Labour leader said the Garda
Commissioner should stand aside pending
the outcome of a Commission of Investigation
to be headed by Supreme Court Judge, Peter
Charleton. Mr Howlin said in any other walk
of life a person in such a situation would have
to go on administrative leave.
The Ceann Comhairle, San Fearghal, said

he could not allow what he in Irish called
dirt bean liom go ndirt bean le claims.
These were third-hand allegations which were
very serious.
The chairman said he had no difficulty with
Mr Howlin calling on Commissioner OSullivan
standing aside pending the inquiry. He was
very concerned about these allegations.
Youre taking us into territory into which I
think we should not venture, Mr Fearghal
insisted.
But Mr Howlin replied that in a previous case
involving alleged Garda misconduct he had
ended up before the High and Supreme
Courts. He had then been told by the Judges
that he should have first raised the
allegations in the Dil.
The drama unfolded as Justice Minister
Frances Fitzgerald prepared to give the Dil
the terms of reference of the Judge
Charletons upcoming inquiry. The Supreme
Court Judges work will follow a review by
former High Court Judge Iarfhlaith ONeill into
two protected disclosures submitted by Sgt
McCabe and Supt Dave Taylor.
The Taoiseach told the Dil that the inquiry
must be allowed take its course and the
status of any revelations so far amounted to
allegations.
http://www.msn.com/en-ie/news/national/brendan-howlin-puts-
serious-allegations-of-misconduct-against-garda-commissioner-
on-dil-record/ar-AAmJeLQ?ocid=ob-fb-enie-60#image=1
How RT got
caught up in Garda
'dirty tricks'
Garda Commissioner Nirn OSullivan Photo: Arthur Carron
The relationship between the national
broadcaster and Garda management will be
put under intense scrutiny as part of the
latest investigation into allegations of
misconduct in the force.
Supreme Court Judge Justice Peter Charleton
has been asked by the Government to
investigate a claim that the Commissioner
was involved in the broadcast which aired on
RT on May 9, 2016.
In total, the judge will examine nine issues
including whether she knew about a smear
campaign against Sergeant McCabe, or if she
played any part in directing it.
Earlier, the Dil was rocked by allegations the
Garda chief sought to link whistleblower
Sergeant McCabe to sex crimes. The claims
by Labour Party leader Brendan Howlin
provoked a furious response from the
Commissioner, who was last night clinging on
to her position in An Garda Sochna.
Irish Independent Whistleblower: Garda Sergeant Maurice McCabe

Shocking new failures by Tusla are revealed in an
internal review of the Child and Family Agency's
handling of false child sex abuse allegations against
Garda whistleblower Maurice McCabe, the Sunday
Independent has learned.
An internal audit, which has been seen by this
newspaper, found that the agency failed to contact
or establish the credibility of the alleged victim
before launching a child sex abuse investigation into
Sgt McCabe.
"It is also not clear as to why a decision to proceed
with the allegation was made without the
cooperation and corroboration of the alleged victim
and without having formed some opinion with
regard the credibility of the allegation that was
referred," the report states.
It also reveals that there is "no evidence on file" that
the sex abuse allegations were communicated to
the HSE by an Garda Siochana when the claims
were first made in 2006. The report specifically
notes that Sgt McCabe was "not afforded fair
procedures" with regard to the allegations made
against him.
Tusla has since apologised to Sgt McCabe and his
family. Meanwhile, Fianna Fail TD John
McGuinness has stated for the first time that former
Garda Commissioner Martin Callinan detailed false
child abuse allegations about the Garda
whistleblower when they secretly met in a car park
in January 2014.
Asked if the new allegations match what was said to
him by Callinan, McGuinness said: "They do."
However, he refused to give further details due to

the forthcoming commission of investigation.
"I am in receipt of your correspondence, hand
delivered to my home this afternoon and which I
received at 3.30pm, a copy of which is attached.
I have been advised that it would be entirely
inappropriate for me to engage publicly with any
matter which is the subject of commission of
investigation," he said "In not so engaging I must
point out that it is not to be taken as agreement with
the content of any matters raised in your
correspondence," he added.
It is also understood Mr McGuinness will make
explosive new claims about the alleged smear
campaign during the commission of investigation.
Last night Taoiseach Enda Kenny and Tanaiste
Frances Fitzgerald refused to say when they first
heard the child abuse rumours about Sgt McCabe
which were widespread in political circles for the
past two years.
The Taoiseach and Tanaiste released almost
identical statements when asked when they heard
about the allegations, which will be the focus of Mr
Justice Peter Charleton's commission of
investigation which was established last week.
Spokesmen for both said they deal with "facts not
rumours". The Independent Alliance is understood
to be seriously concerned about the controversy
and has decided not to comment until it receives a
full briefing at Cabinet.
The Government is now expected to face a motion
of no confidence next week, tabled by Sinn Fein.
The audit prepared by Tusla's Sexual Assault
Review Team was initiated after it emerged a senior
social worker wrote to Sgt McCabe in December
2015 telling him he was to be the subject of a child
abuse investigation. It has since emerged that the
investigation was based on inaccurate information
which was supposed to have been removed from
Tulsa's database months before the investigation
was established.
The review also reveals that the HSE was never
contacted by gardai when a previous allegation was
made against him by the daughter of a colleague in
2006. Gardai investigated this allegation but the
Director of Public Prosecutions ruled there was no
evidence of any crime.
"There is no evidence on file that this information
was communicated to the HSE social work
department at the time by An Garda Siochana.
Withstanding that, the HSE would continue to have
a statutory duty under Children First policy to
investigate all allegations of child abuse referred to
its department," the Tusla audit stated.
The same woman told a HSE counsellor in 2013 of
the same accusations she made in 2006. However,
a file compiled by the counsellor after the meeting
incorrectly suggested Sgt McCabe had "digitally
penetrated" the woman as a child.
The Sunday Independent understands the
counsellor only realised she had accused Sgt
McCabe of false sexual abuse claims after gardai
contacted the alleged victim. The woman in
question told gardai she had not told the counsellor
she was "digitally penetrated" by Sgt McCabe as
Yesterday, the HSE said the National Counselling
Service "responded immediately" in May 2014 and
brought the error to the attention of Tusla and An
Garda Siochana. "An immediate internal review of
guidelines, practices and protocols was undertaken
within the National Counselling Service to ensure
that such an error would not recur," it said.
"Appropriate training was also undertaken.
Additional supervisory procedures were put in place
by the National Counselling Service in relation to
the staff member concerned." The Tusla audit noted
there was "no evidence" to suggest the alleged
victim met a social worker after she met the
following year.
The review said it was "not clear" why the senior
Tusla official looked at the original file rather than
the correct version amended in 2014. The Tusla
audit team offered to meet the alleged victim to
discus her allegations as part of the review.
However, the women failed to attend a scheduled
appointment and later called the agency and said
she did not want to pursue the matter further,
according to the Tusla audit.
Noirin O'Sullivan knew about the McCabe allegations in
2014.
Guess it's the usual Deny , Deny , Deny when you get
caught out
A government is only as strong as the people behind it...... Its time

for the people to speak..... I don't like Sinn Fein.....but Mary Lou
always has her finger on the pulse and seems honest enough.....this
current government needs to go .....but be careful..... Don't let this
current issue... the disgraceful treatment of Sgt Mc Cabe cloud all
the other issues..... Health services.... Public sector pay
restoration..... The criminal Public sector pension deduction for lower
paid staff.... And all the other cock ups made by this Government
with out a majority
Maurice & John, WERE WITH YOU EVERY STEP OF THE WAY
Enda Kenny has just stated on RTE news that for the first
time in the history of the state we now have a completely
independent garda commission, this is the biggest lie this
liar has told so far, this authority he is talking about is
made up of civil servants retired judges and other lick arse
friends. Not one civilian is included but i have a letter from
the justice minister stating this commission would be up of
a fair proportion of ordinary people like myself, but not
one. This is yet more smoke an mirrors, just to make us
think we are being listened to. But i gave up believing
politicians many years ago.The civil servants turn our
good politicians into con artists that is where our problems
exists
When you think about it... if O'Sullivan is found guilty, it
puts a question over the Gardai and state in all cases, past
or present.
No wonder she wont step down, and your MASTERS won't
push her either...
It is the best of times, it is the worst of times!
Poll: In the wake of the latest Maurice McCabe revelations,
do you have confidence in the garda?
Why , if they were not corrupt why ere no more whistle blowers ,
and why ere they not standing with them, they ere heroes, the force
is corrupt
Gardai 'whistleblower'
office being almost
entirely ignored
It is believed no new whistleblowers
have come forward since
Superintendent's arrest
Jim Cusack
PUBLISHED
12/02/2017
1
Sources say few members of the force are convinced by the
Commissioners public statements that whistleblowers will be
treated fairly and sympathetically (Stock picture)
The Garda's internal "whistleblower"
scheme has been almost totally ignored by
members of the force, the Sunday
Independent can reveal.
The only official estimate, given last year by Commissioner
Noirin O'Sullivan, is that "fewer than 10" gardai have come
forward since the force's Protected Disclosures Manager
office was set up a year ago.
This "fewer than 10" figure is understood to include those
already in the public domain.
Commissioner's public statements that whistleblowers will
be treated fairly and sympathetically.
Few gardai have even bothered to make inquiries about
the Protected Disclosures Manager's office, believed to be
located in the Garda Commissioner's office in Phoenix
Park.
It is understood a garda chief superintendent has
'responsibility' for the office which was set up in the
immediate aftermath of Judge O'Higgins's inquiry into the
events Maurice McCabe flagged up at Baillieboro Garda
Station and its surrounding controversy.
Commissioner Noirin O'Sullivan gave the "fewer than 10"
figure at a public meeting of the Policing Authority after
the O'Higgins report.
No further gardai appear to have been prepared to speak
about corruption or mismanagement in the 12,000-strong
force.
At the Policing Authority public meeting the
Commissioner gave assurances that she and her managers
were fully supportive of whistleblowers and even
welcomed the idea.
When pressed on what was being done to encourage
whistleblowers (under the 2014 Protected Disclosures Act,
a piece of legislation that took 14 years in gestation) the
commissioner told the authority that a new internal
system for dealing with whistleblowers was in place.
When pressed later by the head of the authority, Ms
Josephine Feehily, at the June public meeting, the
Commissioner admitted that despite the supposed
arrangements of encouraging and protecting
whistleblowers "less than 10" had come forward but she
did not give an exact figure.
It also emerged that an email to all gardai and civilian staff
about the establishment of the Protected Disclosures
Manager had gone out only on the morning of the public
meeting with the authority.
But gardai say the idea of becoming a whistleblower
became anathema in the aftermath of the May 2015 order
by Commissioner O'Sullivan to arrest the former head of
the Garda press office, Superintendent David Taylor for
alleged 'unlawful disclosure' of information.
He was arrested, stripped of his superintendent epaulettes
and shoes and held in a cell in Balbriggan Garda Station
for 22 hours in May 2014.
The Commissioner appointed her husband, Jim
McGowan, still then a superintendent, to oversee the
'investigation' which has, nearly three years on, produced
no evidence against Superintendent Taylor who remains
suspended from duty on reduced pay.
When asked by the Sunday Independent if there was any
'conflict of interest' issue over her husband's involvement,
Commissioner O'Sullivan, at a press conference in 2015,
said she saw none. She also said she had not instructed
any senior gardai not to communicate with journalists.
A team of up to 18 gardai including the Commissioner's
husband were involved in the initial investigation into
David Taylor and this number had increased, it is
understood, to around 30 gardai.
http://www.independent.ie/irish-news/gardai-whistleblower-office-
being-almost-entirely-ignored-35443551.html
Unprecedented New
revealed
Philip Ryan Twitter

EMAIL
PUBLISHED
12/02/2017

1
Burke
has learned.
/
in January 2014.

damage' done to him
woman as a child.
said.
concerned."
Government snubs
flooded firms in fight for
insurance
Noonan says State can't intervene as
deluged businesses on coast struggle to
find cover
Wayne O'Connor
PUBLISHED
12/02/2017
1
Finance Minister Michael Noonan. Photo: Bloomberg
Businesses struggling to find adequate
insurance cover following last year's
devastating floods will receive no help from
the Government after Finance Minister
Michael Noonan conceded his hands are tied
on the matter.
/
Hundreds of businesses in coastal areas have been refused
insurance by companies because of calculations and
presumptions that climate change will cause further flood
damage in the future.
Many insurers say businesses are being adversely affected
by rising sea levels and so are deemed an uninsurable risk
when looking for a new policy.
Mr Noonan said this was a commercial matter that the
Government and Central Bank could not interfere with.
"This position is reinforced by the EU framework for
insurance which expressly prohibits member states from
adopting rules which require insurance companies to
obtain prior approval of the pricing or terms and
conditions of insurance products," said the minister.
"The provision of insurance is a commercial matter for
insurance companies, which has to be based on a proper
assessment of the risks they are accepting.
"This assessment will in relation to coastal communities,
in many cases include insurers' own climate change
presumptions based on their own modelling and research.
Consequently, neither the Government nor the Central
Bank has any influence over this matter."
He added that the Government had studied the risks
posed to homeowners and businesses in 90 coastal
communities around the country.
These studies, in areas deemed to face 'potentially
significant' risk, looked at the future sustainability of such
communities.
Mr Noonan said families and business also had a right to
lodge complaints with the Financial Services Ombudsman
if they felt they were being harshly treated by insurers.
"Measures to address the risks identified were set out in
draft flood risk management plans that were published in
2016 for consultation," he said.
"Also, in line with the sectoral adaptation plan for flood
risk management, prepared by the OPW under the Climate
Action and Low Carbon Development Act 2015, the
planning and design for flood defence schemes takes
climate change into account. This includes the feasible
measures being identified through the flood risk
management plans."
The minister's comments mean businesses in coastal
regions will continue to face significant challenges when
applying for insurance, just a year after hundreds of
families and firms suffered huge disruption in one of the
country's worst floods.
Irish Small and Medium Enterprises Association (ISME)
director Neil McDonnell said he was annoyed by the
Government's response to the issue.
"We are not satisfied with the hands-off approach we have
seen from government and the Department of Finance,"
he said.
He added that the very high premiums some businesses
faced could be lowered.
"Our message is that the cost of insurance is a function of
the general damages you are allowing the courts to award.
If they took a business decision to intervene in general
damages it would bring down the cost of insurance.
"Insurance companies should not be forced to insure
where there is uninsurable risk but in areas where there is
not an excessive risk people should not be paying excessive
levels for insurance.
"I am pretty annoyed with the response."
http://www.independent.ie/irish-news/government-snubs-flooded-
firms-in-fight-for-insurance-35443562.html
Scandal has its roots in
ineptitude, cliques and
shocking failures
The force is steeped in years of poor
management and blatant nepotism,
writes Jim Cusack
PUBLISHED
12/02/2017
1
'There was widespread resentment among gardai who worked
hard and diligently and deserved but never got promotion/'
The current scandal engulfing An Garda
Siochana has its roots in poor management.
/
Decades of what one senior garda termed 'in-breeding'; of
recruitment of sons, daughters and relations who were
probably not fit for the job, then their subsequent fast-
track promotion beyond their capabilities, left a large
number of inept figures in mid-ranking management.
On top of this was the formation of cliques by
management figures 'bringing on' their friends and close
associates.
It is horrifying but the other side of the coin is that Irish people elect the
politicians, Irish people come up with the policies and implement them.
No one ever says enough is enough. The person in Tusla who copied
and pasted will probably be sacked but the person who came up with the
idea to do that to the McCabes will get paid off with a pension top-up. If
the Commissioner is linked to this she should be fired for gross
misconduct but that never happens in Ireland and until it does nothing
will change.
Also a little less hysteria when politicians or public figures admit they
got something wrong could help to give some space for a culture of
accepting responsibility to take root as the way things are now who in
their right mind would be the first to step up.
the gardai badly need a good dose of diversity , such a family clique now
its beyond a joke !
http://www.independent.ie/opinion/scandal-has-its-roots-in-ineptitude-
cliques-and-shocking-failures-35443620.html
Garda chief is entitled to
her good name until it is
proved otherwise
Brendan Howlin abused Dail privilege
to remind people that the tinpot
Labour Party still exists, writes Eilis
O'Hanlon
PUBLISHED
12/02/2017

1
QUESTION TIME: Garda Commissioner Noirin OSullivan at a
press conference in Garda HQ on gangland crime in Dublin.
Photo: Gerry Mooney
It might be that Noirin O'Sullivan is the
worst Garda Commissioner the country has
ever seen. It might be that she is up to her
neck in shenanigans the likes of which have
never been seen before.
But just saying it is not enough. There's a little thing called
proof which it ought to be necessary to provide before
making such claims. In Noirin O'Sullivan's case, it seems
that none of those normal caveats apply. One can say
anything at all about her without any risk or consequence,
and she will still be expected to take it.
Latest to have a go is a young, up-and-coming politician by
the name of Brendan Howlin who used Dail privilege last
week to tell the country that he'd heard from a journalist
who'd heard it from another journalist that the Garda
Commissioner, when working in a previous role in the
force, had personally rung up journalists to circulate lurid
allegations about an alleged sexual offence involving
whistleblower Sgt Maurice McCabe, who'd come forward
about alleged abuses of the penalty point system.
http://www.independent.ie/opinion/garda-chief-is-entitled-to-her-good-
name-until-it-is-proved-otherwise-35443619.html
Sometimes public exposure is the only thing which forces governments
and organisations to take action. We saw that on a number of fronts this
week. I'm no fan of Brendan Howlin but on this occasion, despite the
criticism being levelled at him by the writer, he has performed a public
service. Things only happen in this country when the headlights are
turned full on.
The author naively confuses the court room with real life. In the courts
your are of course entitled to the presumption of innocence until proven
guilty, the artificial triumph of rationality over common sense. However
in real life my peers do not have to possess incontrovertible proof of my
inadequacies before they can label me an incompetent idiot. As human
beings we have an antenna for these sort of things which is rarely
proven to be without merit and I would be fairly confident that the case
in question will provide no exceptions to that rule.
Sinn Fin to table
motion of no
confidence in
Government
Updated / Sunday, 12 Feb 2017
The Government is unable to deal with the major issues facing our
people, said Sinn Fin's Mary Lou McDonald
Sinn Fin has said it will table a motion of no
confidence in the Government over its handling of the
garda whistleblower controversy.
The Government responded by accusing the party of
putting politics before the welfare of citizens.
This latest development comes as the debate
continues over what type of inquiry is appropriate into
the treatment of Sergeant Maurice McCabe.
Earlier, Labour Party leader Brendan Howlin said Sgt
McCabe is in favour of an external criminal
investigation into his treatment.
Speaking on RT's Saturday with Claire Byrne, Mr
Howlin said he spoke with Sgt McCabe this morning
and that he said he is "of the view that something
much broader" is needed.
A Commission of Investigation is to examine whether
there was a smear campaign against Sgt McCabe
orchestrated by senior garda.
Questions were asked yesterday about how much the
Cabinet knew about the false allegation against Sgt
McCabe after it emerged he met Minister for Children
Katherine Zappone ahead of the publication of the
terms of reference for the Commission of
Investigation.
Mr Howlin said an external inquiry would entail an
investigation headed by police officers from a force
outside of Ireland.
This would require emergency legislation, he added.
The Labour leader also said Sgt McCabe (above)
was "wounded" by everything that has happened.
Sinn Fin deputy leader Mary Lou McDonald said
that the party will table a motion of no confidence in
what she described as a "kick for touch, cover up"
Government.
"The Government is clearly unable to deal with the

major issues facing our people," said Ms McDonald.
"The hospital waiting list scandal has exposed the
Government's complete failure to deal with the crisis
in our health service.
"The manner in which they have handled the
scandalous campaign of character assassination
against Sergeant Maurice McCabe renders this
Government unfit for public office.
"Sinn Fin will table a motion of no confidence in this
kick for touch, cover-up Government without delay.
confidence from all opposition TDs and Fianna Fil,"
added Ms McDonald.
A Government spokesperson tonight described the

Sinn Fin no confidence motion as a "nakedly
political move".
The spokesperson said that Sinn Fin is clearly
putting party politics before the welfare of the
country's citizens.
"The Government's focus is on managing Brexit and
managing the nation's finances to the benefit of
everybody," added the spokesperson.
Earlier Sinn Fin president Gerry Adams called on
Fianna Fil to withdraw its support for the
Government over its handling of the Sgt McCabe
controversy.
"The Taoiseach should do the right thing - the people
deserve an election," Mr Adams told reporters in west
Belfast earlier today.
"The Fianna Fil leader should do the right thing and
withdraw his support from this Government."
Mr Adams (below) said: "It's very, very clear that this
Fine Gael-led Government is a government without
any authority.
"People are scandalised by the way the Government

is taking the public for fools in relation to the whole
policing Garda McCabe controversy."
Fianna Fil strongly rejected Sinn Fin's call that it
should withdraw support for the minority Government.
The party's spokesperson on Foreign Affairs and
Trade, Darragh O'Brien, said pulling the plug on the
Government is not going to get answers.
But Mr O'Brien said his party will demand the
Government explain why there is such confusion in
Cabinet over this issue.
He said the priority was to ensure that no garda
whistleblower ever again has to endure what Sgt
McCabe did.
HSE issues apology to Sgt McCabe and his family
The HSE this afternoon apologised unreservedly to
Sgt McCabe and his family for the distress caused
after a counsellor from the HSE's National
Counselling Service sent a file in August 2013
containing false allegations of sexual abuse against
Sgt McCabe to Child Protection Services, now Tusla.
In the statement, the HSE said it is satisfied that
correct procedure was followed once this error was
brought to the attention of its National Counselling
Service in May 2014.
Read: HSE statement in full
hse-statement-in-relation-to-garda-mccabe
https://static.rasset.ie/documents/news/hse-
statement-in-relation-to-garda-mccabe.pdf
"An immediate internal review of guidelines, practices

and protocols was undertaken within the National
Counselling Service to ensure that such an error
would not reoccur. Appropriate training was also
undertaken," the statement read.
The HSE also said it was making arrangements to
offer its apology formally to Sgt McCabe as soon as
possible.
Kenny not ruling out
criminal probe into
McCabe affair
Enda Kenny was on RT's This Week programme

Taoiseach Enda Kenny has said he is not ruling out a
criminal investigation into the Maurice McCabe affair
but said there has to be evidence of criminality.
Speaking on RT's This Week programme, Mr
Kenny said the central issue for the Charleton
Commission of Investigation is to find out the truth
and determine if there was a scheme against Sgt
McCabe based on erroneous allegations of sexual
misconduct.
"In order to have a criminal investigation you have to
have evidence of criminality. As the Charleton Inquiry
gets under way, who knows what may arise here.
"So, I dont rule that out."
He continued: "The central issue here is, was there a
programme of systemic doing-down of Sgt McCabe
based on erroneous sexual allegations and rumours
by senior police?"
"It is about the truth and I hope that we can find that
in the shortest time and provide justice and
understanding so the people of the country that they
can trust the system."
When asked if he heard the false rumours about Sgt
McCabe, the Taoiseach said: "I don't deal in rumours
or allegations or hearsay. I have to deal in fact".
Mr Kenny said an allegation of this nature against

anybody would be "soul destroying".
When asked if he would like to apologise on behalf of
the State agencies he replied, "I do".
Garda whistleblower Sgt McCabe rejects HSE
apology
Mr Kenny said the Minister for Children Katherine
Zappone had told him that she intended to meet with
Sgt McCabe privately.
Follow
RT News

"What did Katherine Zappone tell you, and what did her
officials tell your officials?" the Taoiseach is asked.
1:24 PM - 12 Feb 2017
7 7 Retweets5 5 likes
He said "that is all I knew", adding that he told her to
make a thorough account of the meeting.
The Taoiseach said he was not aware of any of the
details of the meeting when the Cabinet met last
Tuesday and he did not ask her about it because Ms
Zappone was meeting him in a "private capacity".
Enda Kenny speaks to This Week's Colm Mongin
In relation to Brexit, Mr Kenny repeated his view that
there will be no return to the borders of the past.
He warned he would not stand for a situation where
there are customs posts along the border and he
wants to continue the good relationship between the
garda, the PSNI and British police to tackle any
criminality that could arise.
In relation to his upcoming visit to Washington for
St Patrick's Day, the Taoiseach said the visit is not
about presentations in the White House, but
symbolism about the contribution made by Irish
people in the US.
He said he intends to raise the issue of the
undocumented Irish.
Whatever his values, he said, the Government has a
duty to work with the Trump administration.
He added that the Government has a responsibility to
stand up for Ireland and its people in the US, and that
they will not shirk that responsibility.
In relation to his leadership of the Fine Gael, the
Taoiseach said party colleagues have "certainly
not" put a timeline of the summer for him to step
down.
He said Fine Gael have an agreed timetable in place
with Fianna Fil and number of challenges they want
to address, including several pay disputes, Brexit and
the Eighth Amendment.
Fianna Fil claim they

alerted Frances Fitzgerald
to Tusla involvement in
Maurice McCabe case
before Prime Time show
Kevin Doyle Group Political Editor and Catherine Devine
PUBLISHED
12/02/2017
3
Fianna Fil leader Michel Martin Photo: Arthur Carron
A fresh row over the Garda whistleblower
scandal has erupted with Fianna Fil
claiming they alerted Tnaiste Frances
Fitzgerald to the Tusla involvement in the
Maurice McCabe case last Wednesday.
But as the crisis at the heart of government continues to
grow, Ms Fitzgerald has vehemently stuck to her
statement that she knew nothing about the link until
Thursday night.
Tnaiste Frances Fitzgerald Picture: Colin O'Riordan
Fianna Fil leader Michel Martin said on Sunday evening
that his justice spokesman Jim OCallaghan spoke with the
minister on Wednesday specifically to broaden the terms
of reference of the Charleton inquiry to take on board the
Tusla file because we had been alerted to it and I had
spoken to Maurice McCabe on the Wednesday.
However, in a statement Ms Fitzgerald has insisted that
while Mr OCallaghan asked for the terms of reference to
be broadened to bring absolute clarity that the allegation
of criminal misconduct against Sgt McCabe and the
alleged smear campaign would be investigated.
The Tnaiste said that during the conversation Mr
OCallaghan said limiting the inquiry to the protected
disclosures made by Sgt McCabe and Superintendent Dave
Taylor could be too narrow and could limit the
investigation.
Deputy O'Callaghan said to me that Prime Time would
have a programme the following evening related the
establishment of the Commission.
Some of the players in the controversy include, from left, Garda

Commissioner Noirin OSullivan, her predecessor Martin Callinan,
Superintendent David Taylor, Sergeant Maurice McCabe, Tanaiste
and Minister for Justice Frances Fitzgerald, former justice minister
Alan Shatter, Children and Youth Affairs Minister Katherine
Zappone
At no point did he mention Tusla or any of the details that
emerged in the programme, she said.
If Deputy O'Callaghan had information concerning the
Tusla file, why did he not raise those issues during his
statement on the Commission's Terms of Reference which
took place the following day?
damage' done to him
Meanwhile, independent.ie have revealed Fianna Fil will
abstain on a motion of no confidence in the Government
Michel Martins party has decided not to spark a General
Election but will be seeking further clarification from the
Taoiseach on the sequence of events leading up to the
current controversy surrounding Garda whistleblower
Maurice McCabe.
Party sources argue that collapsing the Government would
only serve to delay a Commission of Investigation into the
alleged smear campaign against Sgt McCabe.
A motion of no confidence in the Government has been
placed before the Dil for debate on Wednesday evening.
However, Fianna Fil will stick to their confidence and
supply agreement with Fine Gael and abstain during the
vote.
Sources said they will use the opportunity to air concerns
about the Governments handling of the crisis and will
want assurances that the terms of reference for the inquiry
will be extended to cover Tusla.
They need to pull it together and give a proper
explanation, a Fianna Fil source said.
The decision by Fianna Fil will give the Government a
little breathing space ahead of what is expected to be a
robust Cabinet meeting on Tuesday.
Childrens Minister Katherine Zappone is likely to come
under intense pressure to explain to her colleagues why
she didnt alert the Justice Minister Frances Fitzgerald to
fact that Tusla held inaccurate files on Sgt McCabe which
alleged he had molested a child.
Earlier, Frances Fitzgerald said she had no knowledge of
the false allegations of sexual abuse against the garda
whistleblower Sgt Maurice McCabe until details were
revealed on RT's Prime Time programme.
Speaking on RT's The Week in Politics, Ms Fitzgerald
said she wasn't aware of the Tusla error until watching
Prime Time with the rest of the country.
She said she had a conversation with Katherine Zappone
on the morning of 25 January before her meeting with the
McCabes.
"That was the only conversation I had with her," she said.
Minister Fitzgerald said that "truth will prevail" in the
inquiry over the next nine months.
"You can talk about rumour, you can talk about allegations
but as Minister for Justice I have to make sure they are
dealt with. Allegations are not convictions.
"At the end of the process if it is found that people are not
telling the truth that will have the most serious
implications."
On the show, presenter ine Lawlor read a statement from
Maurice McCabe rejecting the statement of apology
released by the HSE yesterday.
It is understood the McCabes contacted one of Minister for

Health Simon Harris's officials after watching a news
items setting out the details of the apology on the RT
News last night.
The McCabes sent a text to the official stating: "We reject
both the statement and apology. The HSE statement is
wrong and this is not good enough.
"The file we have contradicts the statement and it is
shocking that we have to again listen and deal with false
information."
Separately, Taoiseach Enda Kenny has said he is not ruling
out the possibility of a criminal investigation into the
alleged claims against gardai whistleblower Maurice
McCabe.
Speaking on RT's This Week programme, Mr Kenny said
the main issue for the Charleton Commission of
Investigation is to find out the truth.
evidence of criminality. As the Charleton inquiry gets
underway, who knows what may arise here.
"So, I dont rule that out.
"The central issue here is, was there a programme of
systemic doing-down of Sgt McCabe based on erroneous
sexual allegations and rumours by senior police?
"It is about the truth and I hope that we can find that in
the shortest time and provide justice and understanding so
the people of the country that they can trust the system."
The Taoiseach said he doesn't "deal in rumours or
allegations" when asked when he first heard about the
McCabe controversy.
He told RT that he apologises to McCabe on behalf of the
State agencies.
Mr Kenny said the Minister for Children Katherine
Zappone told him that she was going to meet with McCabe
but that he was not aware of any details of the meeting.
He also said he wouldn't rule out an analysis of how Tusla
do their work.
Garda whistleblower Sgt Maurice McCabe
has rejected the statement of apology
released by the Health Service Executive
yesterday.
12/02/2017
It is understood the McCabes contacted one of Minister for
Health Simon Harris's officials after watching a news
items setting out the details of the apology on the RT
News last night.
Speaking on RT's The Week in Politics, ine Lawlor read
the statement from the McCabes.
The McCabes sent a text to the official stating: "We reject
both the statement and apology. The HSE statement is
wrong and this is not good enough.
shocking that we have to again listen and deal with false
information."
The counsellor who filed false accusations of sexual abuse
against Sgt McCabe was working for the HSE when the
claims were made in 2013.
"In line with process, the HSEs National Counselling
Service referred this allegation to HSEs Child Protection
Services (now Tusla)," read the HSE statement released on
Saturday afternoon.
"The HSE wishes to confirm that there was an
National Counselling Service in the referral made at that
time (August 2013)."
The administrative error was brought to the attention of
the National Counselling Service in May 2014, according
to the statement.
"The HSE is satisfied that correct procedure was followed
National Counselling Service," the statement read.
"The HSE apologises unreservedly to Mr. McCabe and his
family for the distress caused on foot of this error. The
HSE is making arrangements to offer this apology formally
to Mr. McCabe as soon as possible."
http://www.independent.ie/irish-news/fianna-fil-claim-they-alerted-frances-
fitzgerald-to-tusla-involvement-in-maurice-mccabe-case-before-prime-
time-show-35444232.html
Martin challenges
Fitzgerald over Tusla
information
Maurice and Lorraine McCabe have rejected the HSE apology

The Fianna Fil leader Michel Martin has disputed a
claim by the Minister for Justice Frances Fitzgerald
that she had no knowledge of a file by Tusla
containing false allegations of child sex abuse
against the whistleblower Sergeant Maurice McCabe
until she watched revelations about the file on RT's
Prime Time programme on Thursday night.
Speaking on RT's The Week in Politics today, Ms
Fitzgerald said she had no knowledge of the
circumstances surrounding a false allegation of
sexual abuse against the garda whistleblower Sgt
Maurice McCabe until details were revealed on Prime
Time.
Ms Fitzgerald also said she was not aware that a
formal apology was going to be issued to Sgt
McCabe by the Child and Family Agency, Tusla.
She said she had a conversation with Minister for
Children Katherine Zappone on the morning of 25
January before her meeting with the McCabes.
"That was the only conversation I had with her," she
said.
Speaking this afternoon in Cork, Mr Martin said his
party's justice spokesman Jim OCallaghan had met
Ms Fitzgerald on Wednesday evening to broaden the
terms of reference of the Charleton Commission of
Investigation to include the Tusla file.
Mr Martin said at that stage Fianna Fil had been
alerted to the existence of the Tusla file and he had
spoken to Sgt McCabe on Wednesday in relation to
it.
He said he was anxious that the terms of reference
would cover the Tusla file, and Mr O'Callaghan had
met Ms Fitzgerald and alerted her to its existence
and the need to cover it in the terms of reference.
Mr Martin called on Ms Fitzgerald to clarify what
knowledge she had of the Tusla file prior to the terms
of reference for the Charleton Inquiry being drafted.
However, a spokesperson for the Tnaiste has
insisted this evening that the Tusla file was not
mentioned at the meeting between Ms Fitzgerald and
Mr O'Callaghan on Wednesday evening.
"Deputy O'Callaghan spoke to me about the Terms of

Reference the day before the Dail debate
(Wednesday)," said Ms Fitzgerald in a statement.
"He suggested the Terms of Reference should be
broadened to bring absolute clarity that the allegation
of criminal misconduct against Sgt McCabe and the
alleged smear campaign would be investigated.
"He said he was of the opinion that the limiting the
Terms of Reference to Superintendent Taylor could
be too narrow and could limit the investigation.
At no point did he mention Tusla or any of the
details that emerged in the programme.
Ms Fitzgerald said Judge Peter Charleton will include
all of the matters discussed during the Prime Time
programme as part of his inquiry, adding that she
would be happy to broaden the terms of reference.
But she said there would have to be evidence of
criminality before a criminal investigation could be
considered.
Sinn Fin said yesterday that it will table a motion of
no confidence in the Government over its handling of
the controversy.
Speaking on The Week in Politics today,
Independents 4 Change TD Clare Daly said: I think
Nirn OSullivans situation in largely untenable. I
think thatll have to be addressed.
I think the terms of reference [of the Charleton
Commission of Investigation] must be expanded to
include the allegation of the other garda
whistleblowers who want their cases heard and weve
met ten at this stage and many of what theyve
experienced is very, very similar to what Maurice
McCabe has experienced. That must be done," she
said.
Follow
RT News

Clare Daly says "Noirin O'Sullivan's situation is largely

untenable."
12:54 PM - 12 Feb 2017
Both [The Taoiseach and the Minister for Justice]
were aware of the meeting between Minister
Zappone and Maurice McCabe yet they claim that
neither questioned the context of the meeting nor
sought any feedback," said Sinn Fins deputy leader
Mary Lou McDonald.
"The Taoiseach went so far as to claim that the
meeting was in a 'private capacity'.
"These positions are not credible. It appears that the
Government are making it up as they go along. This
is farcical, chaotic and unacceptable," said Ms
McDonald.
Labours Alan Kelly said that there are still serious
questions outstanding following the breakdown in
collective Cabinet responsibility this week.
Garda whistleblower Sgt McCabe rejects HSE
apology
Garda whistleblower Sgt Maurice McCabe has
rejected the statement of apology released by the
HSE yesterday.
It is understood the McCabes contacted one of
Minister for Health Simon Harris's officials after
watching a news items setting out the details of the
apology on the RT News last night.
The HSE has not yet made contact with the McCabes
in relation to this apology.
The McCabes sent a text to the official stating: "We
reject both the statement and apology. The HSE
statement is wrong and this is not good enough."
shocking that we have to again listen and deal with
false information."
They did not receive a response.
The HSE statement states that once the alleged error
was discovered all proper procedures were taken by
the HSE.
However, documents released by Tusla to the
McCabes highlights that there are serious questions
to be answered.
"A blanket statement from the HSE without contacting
us was unprofessional and more annoyance to
us," Lorraine McCabe said today.
http://www.rte.ie/news/2017/0212/852058-kenny-fitzgerald-mccabe/
"Why does Fianna Fil not believe that it is in the interest
of Garda Siochana...that the Garda Commissioner would
without prejudice stand aside while these hugh q... - RT -
Watch. Listen. Discover.
http://www.rte.ie/news/2017/0212/852029-bertie-ahern-brexit/
Cartel drug dealer

grabbed by throat and
told to 'back off'
http://www.independent.ie/irish-news/cartel-drug-dealer-grabbed-by-
throat-and-told-to-back-off-35443023.html
Training PSNI on the wrong side of the border training shoot the kill
thejournal.ie poll: In the wake of the latest Maurice

McCabe revelations, do you have confidence in the garda?
http://www.thejournal.ie/poll-mccabe-gardai-confidence-
323/
Liars Scammers and Thieves [Sez it all] please share
Did you ever wonder why people voted for liars scammers and
thieves?
Rigged elections treasonous traitors sold out our land and seas The
Judges and Gardai Civil Servants they party sure they know all the
scamsMoney deposited sanitized and laundered in Panama and the
Isle of Man
Liars scammers and this my friends Liars scammers and thieves
Now its hard to believe the bribes and payouts to liars scammers
and thieves
While the poor and homeless are living in bags out on my Dublin
Streets
People go to jail for refusing to pay for the propaganda machine
Presenters and DJs salaries and perks while people die on the
streets
Ireland is crying her children are dying evicted and show the road
The indignity of laying on hospital a trolley ashamed they stare at
the floor
The doctors nurses distressed by the cut backs the lies deceit greed
Not reported by media who lie and deceive you for Liars scammers
and Thieves
In a land of abundance beauty and wonder you wonder how this
could be.
The child rapes murders abuse and cut backs cover ups by crooked
TDs
Billions stolen assets sold and shifted to accounts overseas
Massive corruption abounds drunken clowns liars scammers and
thieves
Taxes and NAMA they try to scam ya so we gathered and fought for
our rights
Pepper sprays and batons but we stood our ground ready for the
thugs to fight
Disband the Gardai the Courts and the Army reclaim our country
Two bit gangsters dont have the answers they are Liars scammers
and thieves
Everybody knows the EUs a disaster full of parasites scammers and
thieves
Corrupted power junkies corrupt feckin monkeys bribes are
subsides
They have betrayed the ideals of the men of sixteen its so hard to
believe
Stop all the payouts pensions n perks for the liars scammers and
thieves
Hope to high heaven they have enough people in every

constituency to take on the musical chair parties.
Sinn Fin to bring motion of no confidence to Dil.

This Minority Government, Led by Fine Gael, is now operating
without democratic authority.
Finna Fail have allowed this government to cling onto power, on life
support, in a blatant attempt to ride out the storm of memory until
their own electoral ratings improve.
The result has been the ongoing crisis in health, housing and
homelessness. The compromising of our public services.
The cover up of scandals like NAMA and the Tusla/Garda McCabe
controversy.
Fianna Fil is keeping this wreck afloat, and in doing so,
compromising the health and well being of our nation.
A Sinn Fin government would not tolerate this behaviour. It is time
the citizens of this country are given a choice for a clear, responsible
and credible government.
I believe that Sinn Fin represents that choice.
This afternoon a Fine Gael backbencher broke ranks,
telling the Dil the Garda Commissioner should step aside
and that he doesnt believe Noirn OSullivan.
Michael Darcy also described the situation as GUBU-like.
I have to put on the record that I dont believe the

commissioner, he said.
I dont believe her because of her actions and how she

instructed her legal counsel to deal with the ONeill
investigation.
Earlier: Taoiseach Enda Kenny has given his full backing to

the Garda Commissioner Noirn OSullivan, writes Daniel
McConnell in Warsaw.
Speaking in Warsaw, Mr Kenny said : You cannot have a

country if everybody against whom allegations are made
has to step aside.
Mr Kenny said the call for Noirn OSullivan to step aside

while a Commission of Investigation probes whether she
had knowledge of a campaign to smear whistleblower
Maurice McCabe.
Speaking in Poland, the Taoiseach said Ms OSullivan has

the full confidence of Government.
Honest, Humble, Strong Minded and most importantly. HE

CAN'T BE BOUGHT
Don't be fooled by Labours motivate here

Fianna Fil confirm it will abstain
from no confidence motion in
Government
Sunday, February 12, 2017
Fianna Fil has confirmed that it will abstain on a motion of
no confidence in the Government, this week.
The party says there are questions to answer and it will be
seeking further clarification from the Taoiseach on the
handling of the Garda whistleblower controversy.
But Fianna Fail's Expenditure and Reform Spokesperson,

Dara Calleary (pictured) says Sinn Fein's motion is not
what the country needs: "The motion of confidence that
Sinn Fein is putting down is entirely opportunitistic at this
point.
"All it is is political game playing, we want answers as to

what happened to this situation regarding Tusla and Sgt
Maurice McCabe and his family.
"This motion will not give those answers, we want to

ensure that a commission of enquiry is established, to
investigate all of the issues that are been highlighted not
just in the last number of days."
http://www.irishexaminer.com/breakingnews/ireland/fianna
-fail-confirm-it-will-abstain-from-no-confidence-motion-in-
government-776792.html
Fine Gael and Fianna Fil dispute
timeline of McCabe/Tusla events
A new row has broken out between Fine Gael and Fianna
Fil - over when the Government found out about Tusla's
role in the Maurice McCabe affair.
Micheal Martin claims his party told the Tnaiste about

Tusla's role on Wednesday, 24 hours before it first
emerged in the media.
But Frances Fitzgerald has again tonight insisted she was

not told of Tusla's role, in the meeting with Fianna Fil's Jim
O'Callaghan on Wednesday night.
The Tanaiste insists she only learned of Tusla's role in the

scandal in media reports 24 hours later - despite being
aware of a meeting between McCabe and the Children's
Minister Katherine Zappone two weeks earlier.
http://www.irishexaminer.com/breakingnews/ireland/fine-
gael-and-fianna-fail-dispute-timeline-of-mccabetusla-
events-776799.html
Kenny: Criminal investigation into
Maurice McCabe affair not ruled out
Taoiseach Enda Kenny has not ruled out a criminal
investigation into the Maurice McCabe affair as the
controversy threatens to engulf the Government.
As Sinn Fein prepares to table a no confidence motion

when the Dail returns on Tuesday, Mr Kenny said the
Government would have to wait for the Charleton
Commission of Investigation to get underway before
deciding the next course of action.
But he did not rule out the possibility of a criminal probe.

evidence of criminality. As the Charleton inquiry gets
underway, who knows what may arise here. So, I dont
rule that out, he told RTE.
He said he hoped the forthcoming inquiry would help to
get to the truth.
"The central issue here is, was there a programme of

systemic doing-down of Sgt McCabe based on erroneous
sexual allegations and rumours by senior police?
"It is about the truth and I hope that we can find that in
the shortest time and provide justice and understanding
so the people of the country that they can trust the
system."
The Taoiseach was also asked about the false and
damaging rumours circulating about Mr McCabe.
"I don't deal in rumours or allegations or hearsay. I have to
deal in fact".
OSullivan told
journalist met
abused girl
John Mooney
February 12 2017, 12:01am,
The Sunday Times
The former head of the garda press office says he

texted Nirn OSullivan to say a journalist had
interviewed a woman making unsubstantiated
allegations of sex abuse against Maurice McCabe.
The message, sent in February 2014, is said to be
proof the commissioner was aware of a smear
campaign orchestrated by force management.
The garda commissioner has denied the allegation
made by David Taylor, a superintendent she
suspended for passing sensitive information to
journalists almost two years ago. Taylor says
OSullivan responded to his text message by saying
perfect.
Taylor has also claimed he and his garda superiors
discussed stories written by journalist Paul Williams
in the Irish Independent in which the woman was
quoted as demanding an investigation into an
unidentified garda, now known
http://www.thetimes.co.uk/article/osullivan-told-journalist-met-
abused-girl-b5vwmckhf
What Nirn OSullivan says she didnt

know about the whistleblower scandal
Garda Commissioner Nirn OSullivan has repeatedly
denied knowledge of issues at the heart of the
whistleblower scandal.
Heres what she said:
February 2017:
Brendan Howlin told the Dil on Wednesday he had been
informed by a journalist that other reporters had been
contacted by the commissioner and told about sex crime
allegations against Maurice McCabe.
The Garda press office said: This is the first occasion on
which the commissioner has been made aware of the
allegations made by Deputy Howlin.
January 2017:
The commissioner gave a wide-ranging radio interview to
RTs Sean ORourke.
On the treatment of whistleblowers, she said: Im not
aware nor was I aware of any campaign to discredit any
individual.
October 12, 2016:
The commissioner was questioned by the Oireachtas
justice committee on the treatment of whistleblowers.
She stated: I am not privy to, nor did I approve, nor would
I condone, any campaign of harassment or any campaign
to malign any individual employee.
October 7, 2016
Judge Iarfhlaith ONeil was appointed to examine claims by
former Garda press officer Supt David Taylor that senior
officers ran a smear campaign against Sgt McCabe.
The Garda press office said: Commissioner OSullivan
would like to make it clear that she was not privy to, nor
approved of, any action designed to target any Garda
employee who may have made a protected disclosure.
May 30, 2016:
John McGuinness told the Dil that former commissioner
Martin Callinan arranged to meet him in a hotel car park
days before McGuinness was to chair a Public Accounts
Committee hearing on the whistleblower affair, and told
him Sgt McCabe was not to be trusted.
The press office said: Commissioner OSullivan was not
aware of any private meeting between former
Commissioner Callinan and Deputy McGuinness as
outlined by Deputy McGuinness in the Dil.
May 2016:
Unpublished transcripts from the OHiggins Commission
revealed by the Irish Examiner show the commissioners
legal representative briefed the judge that he had been
instructed to attack Sgt McCabes credibility and
motivation throughout the hearings.
The tactic was not subsequently employed.
OSullivans initial response on May 16 was: I want to
make it clear that I do not and have never regarded
Sergeant McCabe as malicious.
She further stated on May 25: An Garda Sochnas legal
team was not at any stage instructed to impugn the
integrity of Sergeant Maurice McCabe or to make a case
that he was acting maliciously.
http://www.irishexaminer.com/ireland/what-noirin-osullivan-says-she-didnt-
know-about-the-whistleblower-scandal-442683.html
Enda Kenny has shed little light on the Tusla / Maurice
McCabe scandal that exploded last week in an interview
this afternoon.
Speaking to RT Radio's This Week, The Taoiseach said
that as "Minister Zappone was meeting Maurice McCabe in
a private capacity I simply said 'do make sure you have a
very thorough account of it'".
When asked again if he had known what was the context
of the McCabe - Zappone meeting, the Taoiseach replied
once more: "No, as she was meeting him in a private
capacity".
Fianna Fil to abstain from
vote of no confidence in
Government
The Taoiseach meanwhile says he isnt ruling out a criminal
investigation into the Tusla saga.
2 hours ago 25,187 Views 284 Comments
Share Tweet Email1
Text content
Source: Niall Carson

Updated 18.19
FIANNA FIL IS to abstain in next weeks vote of no
confidence in the government, meaning the motion will
almost certainly be defeated.
The decision will be formally ratified by the party at its
meeting on Tuesday before the vote, sources within the
party said this evening.
Supporting, or not voting against, Fine Gael in such
circumstances is part of the confidence and supply
agreement between the two parties in order to support the
current minority government.
However, this evening a clear division between the two
parties has emerged as to whether or not Justice Minister
Frances Fitzgerald knew about the issues between Tusla and
whistleblower Garda Maurice McCabe before last Thursdays
Prime Time broadcast.
Earlier Micheal Martin told RT that the partys spokesman
on justice Jim OCallaghan met with Frances Fitzgerald last
Wednesday evening to discuss the Charleton Commission of
Investigation and raised the Tusla story.
View image on Twitter
Follow
TheJournal Politics
Here's Frances Fitzgerald's statement contradicting

Fianna Fil's Jim O'Callaghan re Tusla and Maurice
McCabe
http://
bit.ly/2kkAJ1x
6:50 PM - 12 Feb 2017
Source: TheJournal Politics/Twitter
This evening Fitzgerald said in a statement:

Deputy OCallaghan said to me that Prime Time would have
a programme the following evening related to the
establishment of the Commission.
At no point did he mention Tusla or any of the details that
emerged in the programme. If deputy OCallaghan had
information concerning the Tusla file, why did he not raise
those issue during his statement on the Commissions terms
of reference which took place the following day?
Private capacity
Meanwhile, Taoiseach Enda Kenny has clarified that when
he said Minister for Children Katherine Zappone was
meeting Maurice McCabe in a private capacity, he meant
that the meeting was confidential.
A Government spokesperson this evening said that Minister
Zappone met Garda McCabe confidentially on Tusla-related,
highly sensitive issues that is what the Taoiseach means
when he says in a private capacity.
Earlier the Taoiseach said that he knew that Minister for

Children Katherine Zappone was meeting Sergeant Maurice
McCabe in late January but didnt ask what the meeting was
about.
Speaking to RT Radios This Week, The Taoiseach said that
as Minister Zappone, who is doing a very good job, was
meeting Maurice McCabe in a private capacity I simply said
do make sure you have a very thorough account of it.
So when we had our cabinet meeting on Tuesday I wouldnt
have had any details.
When asked again if he had known what was the context of
the McCabe Zappone meeting, the Taoiseach replied once
more: No, as she was meeting him in a private capacity.
Cabinet dealt with the terms of reference (of the coming
Charleton Commission of Investigation into the alleged
smear campaign against McCabe) and Minister Zappone has
made it clear that the terms of reference covered the things
she was discussing (with McCabe), the Taoiseach said.
Follow
Christina Finn

Taoiseach says Zappone was meeting McCabe in a

private capacity... Sorry, what?
1:28 PM - 12 Feb 2017
Source: Christina Finn/Twitter
He added that after the broadcast of last Thursdays Prime

Time programme regarding the ongoing Tusla saga,
Minister for Justice Frances Fitzgerald said she had no
problem having Tusla added to the terms of reference.
When asked about the 13 letters sent by a whistleblower to
Frances Fitzgerald late last year, as raised by Labours Alan
Kelly earlier this afternoon, the Taoiseach said I dont have
the details of those investigations.
Criminal investigation?
Kenny was more forthcoming on the possibility of a full
criminal investigation into the Tusla saga, as opposed to the
Charleton investigation which has no formal powers.
The central issue is to find out was there or was not a
scheme against (McCabe) based on erroneous allegations of
sexual misconduct, he said.
The conditions of the tribunal of investigation allow for a
criminal investigation, but I dont deal in endless allegations
and hearsay, theyre not valid in my book.
Asked directly if he isnt accepting calls for a criminal
investigation at present, the Taoiseach said:
Im not ruling it out either.
Brendan Howlin made his comments in the Dil the other
day, but in order to have a criminal investigation you have to
have evidence of criminality.
That may well happen when the (commission of
investigation) is completed. I wouldnt rule it out, and the
terms of reference allow for that.
Frances Fitzgerald
Source: RT
Time last Thursday.
said.
Fitzgerald said:
Clare Daly
Source: RT
Incompetence
Follow
Hugh O'Connell

Gripping . Frances Fitzgerald really struggling here.

12:28 PM - 12 Feb 2017
Source: Hugh O'Connell/Twitter

knows how it works.
Alan Kelly
Source: RT
do me? she asked.
bus, Kelly replied.
Commission to investigate
Martin Callinan's phone records
for 2 years but Fennelly report
says SIM was destroyed when
he left office
Image: Sam Boal/RollingNews.ie
/Photo Text content
TAOISEACH ENDA KENNY has approved an investigation
into how allegations from two garda whistleblowers were
handled by Tnaiste Frances Fitzgerald.
The decision comes as Cabinet was presented with a report
today regarding the protected disclosures made by members
of An Garda Sochna to the Minister for Justice and
Equality Frances Fitzgerald.
The former High Court judge was tasked with reviewing the
situation after two protected disclosures were made to
Fitzgerald by garda in early October.
In response to a Dil question posed by John Curran of
Fianna Fil, Enda Kenny said that the issue had been
discussed earlier today.
The Cabinet gave approval to the Minister for Justice and

Equality to initiate a commission of investigation into the
outcome of the information sent in by the personnel
involved.
The report will be published in redacted form because it has
to be published in redacted form.
The Minister [Frances Fitzgerald] is making a statement
about that now. A judge has been appointed to conduct the
investigation.
Fianna Fil justice spokesperson Jim OCallaghan said
although the report compiled by retired Judge Iarfhlaith
ONeill has not yet been made public, he welcomed the
establishment of a formal inquiry.
We now look forward to Judge Peter Charleton working
towards a speedy conclusion to his investigation so that we
can get to the truth of these matters as soon as possible.
An Garda Sochna said they welcomed the investigation
and will co-operate fully so that the truth and facts are
established.
this hearsay crack is mighty altogether..
http://www.rte.ie//20/0212/852058-kenny-fitzgerald-
mccabe/
"Mr Martin said at that stage Fianna Fil had been alerted
to the existence of the Tusla file and he had spoken to Sgt
McCabe on Wednesday in relation to it.
He said he was anxious that the terms of reference would
cover the Tusla file, and Mr O'Callaghan had met Ms
Fitzgerald and alerted her to its existence and the need to
cover it in the terms of reference."
GET MR. O'CALLAGHAN to SAY IT... or might he say.. "no
actually I only mentioned Tusla by name not its
allegations".. hmmm and this is the crowd that are
BACKING THE GOV !!! ...
Fitzgerald denies knowledge of McCabe allegations
Minister for Justice Frances Fitzgerald has said she had no
knowledge of the circumstances surrounding a false allegation of
sexual abuse against the garda whistleblower Sgt Maurice McCabe
until details were revealed on RT's Prime
It destroyed me' - Garda

whistleblower on penalty
points scandal
WARNING
Article from Jan **2014**
Hard to BELIEVE this all started over PENALTY POINTS??
Garda Commissioner Martin Callinan

may take legal action to halt PAC
quizzing whistleblowers
Brian Hutton, Press Association
PUBLISHED
23/01/2014
O
More than 200 senior Garda officers
inappropriately - and in most cases
corruptly - wiped penalty points from
driving licences, new evidence handed to a
powerful parliamentary watchdog claims.
In fresh allegations passed to TDs today, a serving
whistleblower from within the force - a sergeant with
around 30 years experience - also asserts that his life has
been destroyed by the controversy.
"Having been treated the way I was for reporting the
above. I don't think that I would do it again," he wrote to
the Dail's Public Accounts Committee (PAC).
"It destroyed me, my career and my family."
Allegations of wrongdoing by senior gardai in operating
the fixed penalty notice system have already been
investigated by the auditor and comptroller general and
internally by the force's assistant commissioner John
O'Mahony.
Both reports were released last year.
But the PAC, which oversees the use of public money,
plans to take evidence from two whistleblowers - one
serving and one retired, John Wilson - on the claims next
week in a move which has infuriated Garda Commissioner
Martin Callinan.
Before the committee, Mr Callinan said he will take legal
advice on what action is open to him ahead of the planned
hearings.
The Garda chief also hinted at possible disciplinary action
against the serving officer, who is now under supervision
any time he wants to use the force's computerised record
system Pulse.
Mr Callinan told the parliamentary watchdog that it was
"fundamentally wrong" that classified information is being
passed to TDs in an attempt to make unsubstantiated
claims of wrongdoing.
"Frankly, I think it's quite disgusting, on a personal level I
find it quite disgusting," he said.
Later challenged by Sinn Fein TD Mary Lou McDonald
about the strong remarks, the Commissioner insisted he
stood over them.
"It is a strong term, it's my view," he agreed.
Mr Callinan said he did not want to suggest that he would
take disciplinary action against the serving whistleblowers
but warned he could not cede control of his rank and file.
"I can't in all fairness, I can't have a situation where
members of An Garda Siochana are coming and making
very serious allegations of a criminal nature and
disciplinary nature and using a platform such as this
committee to air their grievances without having a
response," he said.
The Commissioner said he has not yet seen the allegations
sent to the committee - which has since had personal
details removed to protect identities of those involved in
the alleged wrongdoing.
The committee has offered him the chance to see the
material.
"These individuals have responsibilities as well, and
making allegations that cannot be substantiated on regular
basis is a particular difficulty that I may have to deal with,"
said Mr Callinan.
"I can not allow a situation to continue where information
is being bandied around."
He said he has to seriously consider his own position and
the position of the whistleblower over the controversy, and
that he has been advised that both he and the
whistleblower could be guilty of breaching data protection
laws.
The country's most senior police officer said he needed to
retain control of his own force and couldn't have
thousands of officers investigating each other and making
complaints outside internal processes.
There is a difference between exposing wrongdoing and
leaking large volumes of information, he said.
But John McGuinness, committee chairman, said the
watchdog had taken its own legal advice, and was assured
the evidence - now redacted - was fully compliant with the
Data Protection Act.
The Fianna Fail TD said the PAC had been handed new
evidence from one of the whistleblowers ahead of today's
hearing at Leinster House, in which it is alleged more than
200 senior garda officers terminated "fixed charge notices
inappropriately and in most cases corruptly".
http://www.independent.ie/irish-news/it-destroyed-me-garda-
whistleblower-on-penalty-points-scandal-29945149.html
Name and shame

the rumour-mongers
who slurred Maurice
McCabe
justine mccarthy
On April 12, 2014, the Irish Independent published

a report beneath the headline: Girl wants new
probe into alleged sexual assault by garda. Written
by Paul Williams, a crime correspondent, it said: A
young woman who was allegedly sexually assaulted
as a child by a serving garda claims the incident
was covered up through a botched investigation.
The woman claims she was six when a colleague of
her garda father abused her. Both men are still
serving members of the force.
Any journalist who had contemplated reporting on
the allegations of misconduct being made by the
whistleblower Sgt Maurice McCabe recognised him
as the unidentified garda in Williamss story. For we
had been warned to treat McCabe with the utmost
suspicion. Generally, it was crime
Two days before the report was published on May
11, the RTE crime correspondent Paul Reynolds
reported extensively from exclusively leaked
extracts that Higgins had found McCabe prone to
exaggeration, and while some of his complaints
were upheld, others were proven to be overstated,
exaggerated, unfounded and ultimately withdrawn.
None of this is to impute wrongdoing by Williams,
Reynolds or their colleagues. Journalists rely on
contacts for information. Protecting sources
anonymity is a cunt
http://www.thetimes.co.uk/article/name-and-shame-the-rumour-mongers-
who-slurred-maurice-mccabe-sl29g5f7c
Just a little reminder for anyone that has forgot, Frances
Fitzgerald when Minister for children set up Tulsa, then
was appointed Minister for Injustice ... has the penny
dropped yet
Zappone did not
brief Cabinet on
'confidential
information'
Updated / Friday, 10 Feb 2017 22:44
A spokesperson for Minister Katherine Zappone said that she had

informed "relevant Government colleagues" of the circumstances
of the case involving Sgt McCabe and Tusla
A spokesperson for the Minister for Children has said
it would have been "highly inappropriate" for
Katherine Zappone "to brief the Cabinet on
confidential, highly sensitive and personal information
which one could reasonably assume was the subject
of a protected disclosure".
Questions arose today over how much the Cabinet
knew about a false allegation of sexual abuse against
garda whistleblower Sgt Maurice McCabe after it
emerged that he met Minister Zappone ahead of the
publication of the terms of reference for the Charleton
The Commission of Investigation under Mr Justice
Peter Charleton will investigate claims made by the
former head of the Garda Press Office
Superintendent Dave Taylor that he was told to brief
the media that claims made by Sgt McCabe were
motivated by malice and revenge and had no
substance.
It will now also investigate any links between Garda
commissioner Martin Callinan about an alleged
smear campaign against Sgt McCabe.
A spokesperson for Minister Zappone today said that
she had informed "relevant Government colleagues"
of the circumstances of the case involving Sgt
McCabe and Tusla since she first heard about it last
month. But the spokesperson for Ms Zappone said
she will not be commenting further on who she
informed.
This evening in a statement, Tnaiste and Minister for
Justice Frances Fitzgerald said that Ms Zappone
informed her "in January that she intended to meet
with Sgt McCabe. She of course did not inform me
about any details in relation to confidential Tusla
records".
A Government spokesperson said Minister Zappone

had told Taoiseach Enda Kenny she was going to
meet Sgt McCabe in advance of her meeting with the
whistleblower.
The spokesperson said the minister did not state the
contents of the meeting. He added it was the
understanding of the minister that there would be
ongoing contact and the talks were not finished.
A spokesperson for Ms Zappone said the minister
was always of the view that Tusla would form part of
the investigation by the Commission of Investigation.
The spokesperson added that Ms Zappone became
aware of the circumstances when Sgt McCabe's wife,
Lorraine, contacted the office of the Minister for
Health on 18 January 2017.
Ms Fitzgerald, who yesterday agreed to broaden the

terms of reference for the commission of
investigation, said she is proceeding to finalise the
terms, while the Government spokesperson reiterated
that Tusla will be included in the terms of reference.
Minister for Health Simon Harris said that he had no
knowledge that Mrs McCabe had contacted the
department and no meeting was requested.
Speaking on RT's News At One, he said he did not
know who was briefed by Minister Zappone.
Mr Harris called on Tusla to answer questions "very
quickly", saying answers needed to be found and
Tusla could and should put more information into the
public domain.
Sgt McCabe's solicitor has said he would have
thought that Minister Zappone's meeting with his
client last month would have been part of the Cabinet
discussion on the establishment of the commission.
But Sen Costello said he had every confidence in
Mr Justice Charleton and had no doubt he would
exercise every power given to him.
Tusla's apology delivered to McCabe's neighbour
Fianna Fil TD John McGuinness has said a criminal
investigation is needed into how the Tusla file on Sgt
McCabe was created and by whom.
Speaking on RT's Six One News, he said there are
many unanswered questions including who knew
about the file, what circle in the garda knew about it
and why Sgt McCabe and his family were put to such
pain in relation to the investigation.
Mr McGuinness said the Tusla information should

have been included in the terms of reference of the
Charleton inquiry "in a very specific way".
He also called for Garda Commissioner Nirn
OSullivan to stand aside to allow a "far more
comprehensive investigation to take place". He will
ask his Fianna Fil colleagues and party leader
Michel Martin to agree with that position, he said.
Mr McGuinness also stated that Tusla's apology to
Sgt McCabe today was delivered to his next door
neighbour, an 80-year-old lady, and it was
subsequently passed on to the family.
He said no one accepts this was a copy and paste
error and said there is something seriously wrong in
Tusla.
Sinn Fin deputy leader Mary Lou McDonald has
said that Ms Fitzgerald's statement is not credible.
In a statement, Ms McDonald said: "It is alarming that
the Tnaiste, having misled the Dil yesterday, should
continue her cycle of evasion this evening.
"Her version of events is not credible. I repeat my call
for the Tnaiste to correct the record of the Dil.
"She should resign if she is not prepared to do so."
Follow
Conor McMorrow

Sinn Fein's has accused Tnaiste of mis-leading Dil

Asks her to make a full statement or else tender
resignation
5:40 PM - 10 Feb 2017
Earlier, Ms McDonald insisted the terms of reference
of the Charleton Commission had to be rewritten to
take account of the Tusla revelations, and she
reiterated her call for Commissioner O'Sullivan to
step aside.
Clerical error of 'monumental proportions' -
Howlin
Labour Party leader Brendan Howlin has said it
beggared belief that there could have been a
discussion at Cabinet about the issue, without the
information known to Ms Zappone surfacing. He said
if this had happened, the minister had to explain why
this was the case.
Speaking in Galway this morning, Mr Howlin said if

the minister had briefed the Cabinet about what she
and her department knew about the involvement of
Tusla, then the Minister for Justice needed to explain
why this information was not given to the Dil during
yesterday's discussions on the latest Commission of
Investigation.
He said it was vital that there was complete clarity on
the issues and that they were fully encompassed by
the investigation.
The Labour leader said if this was a clerical error it
was one of "monumental proportions" and if it was
something more sinister, then that needed to be
established and fully investigated.
Describing the revelations highlighted on RT's
Prime Time last night as "shocking", he said the
suffering endured by Sgt McCabe at the hands of
"agents of the State" was beyond belief.
Mr Howlin also reiterated his call for Commissioner
O'Sullivan to step back from her position while the
investigation was carried out. He said it was proper,
in the interests of the force, that this happened.
He said he was not aware of any of the allegations in
question during his time in government and that he
only became aware of the full detail of the allegations
relating to Sgt McCabe last night.
Second garda
whistleblower says
senior officer behind
another Tusla
referral
Garda told Justice Minister of Tusla notification

This is not the first Tusla notification in relation to a
whistleblower that has come across a minister's desk
in recent months, writes Katie Hannon.
I've seen correspondence that shows that Minister for
Justice Frances Fitzgerald has in fact been in
correspondence with a garda member in relation to a
child protection Tusla notification, which was made
about him by one of his garda superiors.
In this case, within the same week, the Health
Service Executive said there was no evidence of
abuse.
This whistleblower told the minister that this Tusla
referral was part of a campaign of harassment
against him by a senior garda.
That complaint has been put into GSOC and that has
been put into a protected disclosure that has been
made by this whistleblower.
Just to be clear, this was an entirely different kind of
complaint to the one made to Tusla about Maurice
McCabe in 2013, which the agency says arose from
a clerical error and again to be clear that is not what
we're talking about here.
The McCabe report had a cut and paste mistake
which was not acted on and this other report which
very quickly finds that no evidence had been
provided by the notifying garda.
Tusla has of course an obligation to assess
complaints but serious damage can be suffered by
garda when referrals are filed in error or without
foundation.
Whistleblower
inquiry terms to be
widened - Tnaiste
Updated / Thursday, 9 Feb 2017
Frances Fitzgerald has agreed to broaden terms of reference

The Minister for Justice has agreed to broaden the
terms of reference of the inquiry into claims of a
campaign by senior garda to discredit a
whistleblower in the force.
The Commission of Investigation under Judge Peter
Charleton will now investigate any links between
commissioner Martin Callinan and an alleged smear
campaign against whistleblower Sergeant Maurice
McCabe.
There were renewed calls in Dil from some
opposition TDs and also from one Government
backbencher for the Garda Commissioner to step
down.
Labour leader Brendan Howlin said he had spoken to
Sgt McCabe this morning and he had expressed
gratitude for him raising the matter in the Dil
yesterday.
Sinn Fin, Labour, the Social Democrats,
Independents4Change TDs Clare Daly and Mick
Wallace and Government backbencher Michael
D'Arcy have all called for the commissioner to stand
aside as the Commission of Investigation carries out
its work.
Many pointed out that the former garda press officer

Supt Dave Taylor had been suspended for almost two
years pending the outcome an investigation.
However, the Tnaiste reiterated that allegations are
not wrong doings and the commissioner was entitled
to full confidence.
She also pointed out that Mr Justice Iarfhlaith O'Neill
had not recommended that the commissioner step
aside.
Taoiseach Enda Kenny has said he has full
confidence in Ms O'Sullivan.
Speaking in the Polish capital Warsaw, Mr Kenny said
there is no prima facie evidence or no indication of
any wrongdoing of any kind by the Garda
Commissioner, and for that reason she is fully entitled
to the support of Government while the
commission investigates allegations against her.
Mr Kenny said it is a "very serious Constitutional

matter", which is why a formal investigation arising
from protected disclosures is under way.
He said the protected disclosures are a very
particular form of allegations and they are being
examined. He stressed that they "are all allegations"
and none of them has been proven.
Mr Kenny said Commissioner O'Sullivan has the full
support of the Government and "that's why we are
having the investigation".
The Taoiseach said the fact that witnesses will be
compelled to give evidence will determine the "truth
or otherwise" of the allegations being made, which he
said Justice O'Neill was unable to confirm in his
analysis of the protected disclosures.
Sinn Fin's Mary Lou McDonald told the Dil earlier
that senior garda stood accused of what she called a
"vile and evil" attempt to denigrate the character of
Sgt McCabe and added her voice to calls that
Commissioner O'Sullivan should stand aside during
the inquiry.
Fianna Fil justice spokesperson Jim O'Callaghan
called for the terms of reference to be expanded to
allow the judge investigate whether Government
figures had been contacted as part of what was being
alleged and criticised Mr Howlin for his intervention
yesterday.
Ms Daly said she disagrees with the way in which Mr
Howlin used Dil privilege yesterday.
Speaking on RT's News at One, she said that any

time she has used Dil privilege, she has used
verified information, but Mr Howlin did not.
To the best of her knowledge, she said she did not
believe there had been any contact between Mr
Howlin and Sgt McCabe before the comments were
made.
Ms Daly said there is sufficient evidence that would
lead people to believe the Garda Commissioner
should step aside, without Mr Howlin making
allegations.
Tnaiste accepts amendments to terms of
reference
Closing the debate on the terms of the new
Commission of Investigation, Ms Fitzgerald also said
she would accept amendments to the terms of
reference suggested by Opposition TDs.
Two amendments were made by Fianna Fil and
accepted by the Government.
The first will address the issue of whether Mr Callinan
and Ms O'Sullivan had knowledge of the allegation of
criminal misconduct being made against Sgt McCabe
and whether they had used this to discredit him.
Secondly, the Government is to include an
amendment to look at contacts between garda and
members of the Government regarding allegations of
a smear campaign against Sgt McCabe.
Ms Fitzgerald said she accepted the point made by
Mr O'Callaghan that the commission needs to be
able to pursue fully the issue of the criminal complaint
being used improperly.
She said she also accepted the commission should
be able to investigate contacts between garda with
Government on the matter.
She also said she would have to bring the
amendments to the terms to Cabinet but she said she
did not want to extend the terms to the point where it
would take a longer time. However, there is an option
to extend the terms once the Commission is up and
running, she said.
In relation to the other protected disclosures, these
were under investigation by the Garda Sochna
Ombudsman Commission and she did not want to
interfere with that process.
Responding to a question from Fianna Fil's John
McGuinness as to whether the terms of reference
include Tusla - the child and family agency, the
Tnaiste said she saw no reason why they could not
be included if it was relevant.
In a statement this evening, Tusla said it does not
comment on individual cases to protect the "privacy
and well being of the children and families with whom
we work.
"When a child protection concern is received by Tusla
it is screened and assessed in line with 'Children
First: National Guidance for the Protection and
Welfare of Children'."
substance.
informed.
records".
whistleblower.
public domain.

Tusla.
Follow
Conor McMorrow


resignation
5:40 PM - 10 Feb 2017
step aside.
Howlin
this was the case.

Investigation.
the investigation.
Tnaiste issues statement this
evening as the political crisis
grows
Stinks to high heaven: Commissioner appointed her

husband to oversee 'investigation'
The Garda's internal "whistleblower"
scheme has been almost totally ignored by
members of the force, the Sunday
Independent can reveal.
The only official estimate, given last year by Commissioner
Noirin O'Sullivan, is that "fewer than 10" gardai have come
forward since the force's Protected Disclosures Manager
office was set up a year ago.
This "fewer than 10" figure is understood to include those
already in the public domain.
Commissioner's public statements that whistleblowers will
be treated fairly and sympathetically.
Few gardai have even bothered to make inquiries about
the Protected Disclosures Manager's office, believed to be
located in the Garda Commissioner's office in Phoenix
Park.
It is understood a garda chief superintendent has
'responsibility' for the office which was set up in the
immediate aftermath of Judge O'Higgins's inquiry into the
events Maurice McCabe flagged up at Baillieboro Garda
Station and its surrounding controversy.
Commissioner Noirin O'Sullivan gave the "fewer than 10"
figure at a public meeting of the Policing Authority after
the O'Higgins report.
No further gardai appear to have been prepared to speak
about corruption or mismanagement in the 12,000-strong
force.
At the Policing Authority public meeting the
Commissioner gave assurances that she and her managers
were fully supportive of whistleblowers and even
welcomed the idea.
When pressed on what was being done to encourage
whistleblowers (under the 2014 Protected Disclosures Act,
a piece of legislation that took 14 years in gestation) the
commissioner told the authority that a new internal
system for dealing with whistleblowers was in place.
When pressed later by the head of the authority, Ms
Josephine Feehily, at the June public meeting, the
Commissioner admitted that despite the supposed
arrangements of encouraging and protecting
whistleblowers "less than 10" had come forward but she
did not give an exact figure.
It also emerged that an email to all gardai and civilian staff
about the establishment of the Protected Disclosures
Manager had gone out only on the morning of the public
meeting with the authority.
But gardai say the idea of becoming a whistleblower
became anathema in the aftermath of the May 2015 order
by Commissioner O'Sullivan to arrest the former head of
the Garda press office, Superintendent David Taylor for
alleged 'unlawful disclosure' of information.
He was arrested, stripped of his superintendent epaulettes
and shoes and held in a cell in Balbriggan Garda Station
for 22 hours in May 2014.
The Commissioner appointed her husband, Jim
McGowan, still then a superintendent, to oversee the
'investigation' which has, nearly three years on, produced
no evidence against Superintendent Taylor who remains
suspended from duty on reduced pay.
When asked by the Sunday Independent if there was any
'conflict of interest' issue over her husband's involvement,
Commissioner O'Sullivan, at a press conference in 2015,
said she saw none. She also said she had not instructed
any senior gardai not to communicate with journalists.
A team of up to 18 gardai including the Commissioner's
husband were involved in the initial investigation into
David Taylor and this number had increased, it is
understood, to around 30 gardai.
Tonight's essential viewing - special on & the
political fallout. Earlier time of 22:35 on
I'd like to know which TDs gave a standing ovation to the
notion that 's claims were false!
It's not only the Commissioner that needs to go _ the

Justice Minster should join her
False allegations of a most grievous nature were made
against Sgt Maurice McCabe, at great distress to him and
his family. Serious questions must now be answered,
writes Michael Clifford.
ON WEDNESDAY, Labour Party leader Brendan Howlin told
the Dil he had been contacted by a journalist who told
him that he, the journalist had direct knowledge of calls
made by the garda commissioner to journalists during
2013 and 2014 in the course of which the commissioner
made very serious allegations of sexual crimes having
been committed by Garda Maurice McCabe.
The revelation threw into the public domain something
that had been common currency in politics, the garda and
policing for the last four years. Scurrilous rumours about
Sergeant McCabe had circulated in a manner that some
believed was designed to damage his credibility, and even
destroy his character.
The rumours were largely based on a file in the child
protection agency Tusla which was created in 2013. How
that file was created, and what was done about it raises
the most troubling questions for both Tusla and An Garda
Sochna, which was aware of its existence.
According to the file a young woman made a historic
allegation against Sgt McCabe in August 2013. The
allegation was made to a counsellor employed by a
counselling service in the north east.
This woman alleged that when she was a child she was
subjected by Sgt McCabe to the worst form of abuse,
including anal and vaginal penetration. There was very
little detail of circumstances of the incident apart from the
actual abuse. The accusation is completely without any
foundation.
The young woman comes from a garda family. The
allegation was passed to a member of An Garda Sochna
by the counsellor. The Irish Examiner understands that it
was passed to a member who was known to the
counsellor. His or her identity is not known to Tusla, but it
is crucial in everything that followed.
It is unusual for a counsellor in this scenario to go straight
to the garda rather than through a social worker in Tusla.
The file was sent to Bailiboro, where Sgt McCabe has not
worked since 2008. It was sent there on the basis that that
was the local station to his home. This is incorrect.
Ordinarily, a file of this nature would be sent from the local
station on to the head office in the region, at Monaghan,
and the divisional office in Sligo. On the basis that Sgt
McCabe was a high- profile individual at the time, it is
highly likely it was also sent to Garda HQ in the Phoenix
Park.
Over the following months, there was no attempt to arrest
or interview Sgt McCabe. The Irish Examiner understands
there was no attempt by the garda to interview the
complainant. The file was just let sit there, while word
either spread organically, or was spread deliberately,
about its contents.
This was around the time that Sgt McCabe was in the
public spotlight over abuse of the penalty points system,
in which he alleged dozens of senior officers were
cancelling traffic tickets for friends and family.
By the following May, things had changed. The Public
Accounts Committee had heard from McCabe and were
reported to be impressed and disturbed by what he had
presented the committee with. The Guerin Report into Sgt
McCabes allegations of malpractice in criminal
investigations had also vindicated him.
That same month, it was discovered that a major mistake
had been made. The counsellor wrote to Tusla saying it
has come to my attention that a report I made to you
contained an administrative error.
The error has also been characterised as a clerical
error, and elsewhere as a cut and paste error. There is
no explanation as to how an innocent man could be the
subject of the most grievous accusation as a result of a
clerical error.
A further note in the file from June 2, 2014, suggests that
the Garda Commissioner Nirn OSullivan may have been
either already aware of the matter or was about to be
brought into the loop. The note refers to the retrospective
report which you are aware contains a clerical error.
I was informed that the superintendent in the jurisdiction
referred to in the report was not yet aware of the clerical
error and has been asked to a meeting with the garda
commissioner in relation to the case.
It is unclear whether the meeting referred to took place, or
if it did, whether the superintendent and the commissioner
were aware that the original report was now known to be
false.
Ms OSullivan has denied claims she was involved, or was
aware, of any smear campaign against Sgt McCabe.
The complainant was contacted a number of times by
Tusla after August 2013, but failed to keep appointments,
according to the file. In August 2016, she responded that
she wanted nothing more to do with the matter.
In January 2016, Sgt McCabe was contacted by Tusla about
an allegation and told that he would have to be
interviewed.
We will have to decide if you pose a risk to children, the
letter stated.
This was an error, committed by somebody in Tusla who
was unaware that the original error had been discovered
some 18 months previously.
Understandably, the contact to Sgt McCabe caused great
distress to him and his family.
The Tusla file also contained the names of four of the five
children of Maurice and Lorraine McCabe. This is standard
procedure in the case of a suspected child abuser. It is
unclear how the names of the children were obtained.
Each of the four referred to in the file has their name
prefixed with the word suspect.
If Sgt McCabe had not been contacted in January 2016
in what is now accepted was a complete error it is
highly unlikely that he would ever have been made aware
of the whole affair. His children would have remained on
the file into adulthood.
He was not contacted by the garda, of which he is a
member, in 2013 when the allegation surfaced, or the
following year when it was found to be completely false.
His case was not referred to the data commissioner when
the error was discovered, as it should have been. In such
an instance, the data commissioner would then have
contacted him.
A host of serious questions arise, the most pertinent of
which is whether there should be a criminal investigation
into the matter and if so, whom should conduct it.
Other questions include:
Why did the counsellor contact a garda directly?
Did this garda personally know Maurice McCabe?
Did this garda personally know the counsellor?
When did the garda and the counsellor first discuss
Maurice McCabe?
Why was no effort made to investigate the veracity of the
allegations by either the garda or Tusla?
Why did the complainant make such an allegation if she
did and then completely refuse to co-operate with
Tusla?
Did the complainant have any contact with any member of
An Garda Sochna before making her complaint, if she did
in fact make it?
How was the clerical error discovered?
Why was Sgt McCabe not notified, either about the original
allegation, or the discovery of the error?
When did Nirn OSullivan become aware of the matter, if
she is aware of it?
Why if she was made aware of it in 2014 did she not
inform Sgt McCabe, as she was surely obliged to do?
Was her predecessor Martin Callinan aware of it?
Was the Minister for Justice briefed on this matter?
Do we have Tuslas answers yet?
Terms of reference will be published today for a probe
headed by Judge Peter Charlton into an alleged smear
campaign against garda whistleblower Maurice McCabe.
Special correspondent, on who else may be damaged in
the ongoing pursuit of truth in this case.
THE truth comes dripping slowly. There has always been

two parts to the Maurice McCabe story.
The first involves his complaints about malpractice within
An Garda Siochana. This malpractice took different forms,
including poor and shoddy policing, the covering-up of
poor and shoddy policing, the ill-serving of victims of
crime, and disregard for road safety through the abuse of
the penalty points system.
Much of that has been dealt with, mainly through Sgt
McCabes persistence and courage. He was also assisted
along the way by politicians such as Clare Daly, Mick
Wallace, John McGuinness, and Fianna Fil leader Micheal
Martin.
Whether Martin and even McGuinness would have lent
McCabe an ear had they been in government is a moot
point. But those who were in power with the possible
exception of Social Protection Minister Leo Varadkar
were slow enough to take interest in what McCabe was
exposing.
The second part to the Maurice McCabe story is every bit,
if not more, disturbing than the substance of what he blew
the whistle on.
What lengths did some elements within An Garda
Siochana go to in an attempt to assassinate his character?
Was there a campaign at the highest level of the force to
destroy this turbulent cop?
What form did any such campaign take?
The allegations around this episode go way beyond any

attempt to paint McCabe as a malcontent. According to
Supt David Taylor, who has made a protected disclosure
on the matter, there was a concerted effort to destroy
McCabe, to completely assassinate his character, to
render him a person with absolutely no reputation.
Now there is to be a commission of investigation, chaired
by Judge Peter Charlton, to examine whether there was a
concerted effort to destroy McCabe. The terms of
reference, to be published today, will give some hint as to
whether there is a reasonable chance of getting to the
truth.
The attempt to burrow down to the facts has got off to a
good start with the choice of chairman. Judge Charlton
was a senior counsel for the Morris Tribunal, which
examined garda malpractice in Donegal. He knows how
the bodies can be buried.
He knows that the average guard is decent and
honourable, but that pressure can do strange things to a
man or woman, and that the dust kicked up by circling
wagons can blur any sense of right and wrong.
There have been a few hints as to the extent gone to in
order to bury McCabe and the truth he was attempting to
have examined.
There was the business over the computer seized from a
priest who was convicted of child sex abuse offences. The
computer went missing. The priests bishop came looking
for it, and guess who got fingered with the blame?
McCabe was subjected to a disciplinary process that went
on for 18 months, despite the fact that he had nothing to
do with the missing computer. He managed to defend
himself with a little help from a friend inside the force.
The OHiggins Commission reported that it was
understandable that McCabe felt this was an attempt to
wreak some form of reprisal on him for whistleblowing, but
the commission found no actual evidence that he was set
up.
Still, can you image the headlines if McCabe hadnt been
on the ball The whistleblower and the child porn
computer? How many politicians of any hue would have
shown interest in him after that? What would the average
person think of somebody who was mixed up with child
pornography?
If McCabes suspicions were correct then this was a vile
attempt to assassinate his character.
Vile was the word used by Mr McGuinness to describe
the false stories being peddled about McCabe in 2014
when the politician met then Garda commissioner Martin
Callinan in a carpark.
Every effort was made to those within the Garda
Siochana at senior level to discredit Garda Maurice
McCabe, McGuinness told the Dil last May.
The Garda Commissioner confided in me in a carpark on
the Naas Road that Garda McCabe was not to be trusted
and there were serious issues about him.
McGuinness, who had by then met McCabe, dismissed the
commissioners concerns. He simply did not believe what
the head of the police force was telling him about one of
his officers.
There is an allegation that there was an attempt within the
OHiggins Commission which was examining McCabes
claims of malpractice to discredit him. This originated
with comments from the barrister acting for Garda
Commissioner Noirin OSullivan that he intended to attack
McCabe and question his motives all the way.
OSullivan has denied that she issued any such
instructions. If this were an isolated incident, it might
credibly be dismissed. But it is not isolated, and the
evidence produced in this newspaper and elsewhere
suggests that there is a case to answer as to whether
McCabes character was targeted in the commission. Any
attempt to access the truth in the forthcoming inquiry will
have to examine what happened in OHiggins.
All of these happenings may be coincidences, if you
believe in such things. All are also small potatoes
compared to the allegations contained within the
protected disclosures on which the forthcoming
commission is based.
The main witness will be Supt Taylor. He was head of the
Garda press office in 2013-14 when the main element of
an alleged campaign against McCabe was underway. He
has made a protected disclosure outlining his role in
briefing against McCabe to the media, and what he alleges
was the participation and knowledge of all senior
management, including the current commissioner, of the
campaign.
Among his allegations is that an intelligence file on
McCabe had been established, something that is usually
reserved for serious criminals.
OSullivan has denied any knowledge of a smear
campaign.
Taylor has been suspended for 21 months now on an
allegation concerning the release of information to the
media, a relatively minor matter compared to what he has
admitted to in his disclosure.
By contrast, Justice Minister Francis Fitzgerald has
suggested that there is no requirement for the
commissioner to stand aside while Judge Charltons
inquiry is conducted, despite calls for her to do so.
These are allegations and there is no prima facia case
against anyone, the minister said yesterday. So
allegations against a superintendent require him to step
aside on reduced pay while an investigation is
conducted, yet a commissioner can just carry on while
even more serious allegations are examined.
The truth has come dripping slowly, and it remains to be
seen who else may be damaged on its descent.
Garda corruption claims not

substantiated, says Shatter
Opposition TDs call for Dail debate on commission report
Mon, May 9, 2016, 21:07 Updated: Mon, May 9, 2016, 21:29
Michael O'Regan
Former minister for justice Alan Shatter. Photograph: Brenda Fitzsimons/The
Irish Times
Former minister for justice Alan Shatter has said some
of the major allegations of Garda corruption made in the
Dil could not be substantiated.
Reacting to the OHiggins commission report, he said he
had discovered in his time as minister a substantial
number of failures were not ignored, as had been alleged
by Sgt Maurice McCabe.
They were comprehensively investigated, he told RT
News. Indeed a number of investigations were well
established.
Mr Shatter resigned as minister after a report by senior
counsel Sen Guerin accused him of not heeding Sgt
McCabes complaints.
: People living close to Garda stations feel no safer,
report finds
: Analysis: Garda must abandon cultural fear of
opening up
: Over 40% of crime victims frustrated with Gardas
response
Immediate publication
He called for the immediate publication of the OHiggins
report and said it was beyond bizarre that people were
learning what it may include as a result of a series of
leaks.
I am in the very odd situation where I can reference
some aspects of it because people have leaked them . . . I
cannot confirm if the leaks are true or not, he said.
The Department of Justice has said Minister for Justice
Frances Fitzgerald needed to establish whether there
was anything in the report that might prejudice criminal
proceedings before it could be published. If there was
nothing prejudicial, it would be published very shortly,
the department said.
Mr Shatter said there was no legal impediment which
should have resulted in taking so long to publish the
report. He said the Fennelly report had been published
within 24 hours of the government getting it.
Fianna Fil justice spokesman Niall Collins called on Ms
Fitzgerald to publish the report. It is now a fortnight
since the Minister for Justice received the report and,
while it has been substantially leaked, it remains to be
published.
It is not good enough that the contents of such an
important report are leading news bulletins while elected
representatives have yet to see it.
Heroic role
Independent TD Mick Wallace, who with fellow
Independent Clare Daly raised Garda whistleblower
claims in the Dil, said he believed Sgt McCabe acted in
the public interest.
I believe there should be a full Dil debate on the report
when everybody has a chance to read it in full, Mr
Wallace said.
Ms Daly said Sgt McCabe had played a heroic role in
the process to reform of An Garda Sochna.
Judge Peter Charlton
http://www.irishtimes.com/news/politics/garda-corruption-claims-not-
substantiated-says-shatter-1.2641489
Garda Commissioner claimed Maurice
McCabe was motivated by malice
Friday, May 13, 2016
Michael Clifford
Garda Commissioner Nirn OSullivan claimed Sgt Maurice
McCabe was motivated by malice when he highlighted
malpractice in the force, documents from the OHiggins
Commission of Inquiry show.
At the very early stages, the inquiry was told by senior

counsel for Ms OSullivan that evidence would be
produced to show that Sgt McCabe had told two other
officers that he was making his complaints because of
malice he harboured towards a senior officer.
The inquiry was informed that the two officers had taken
notes at the meeting in question and prepared a report
which was forwarded to a senior officer.
However, a few days after the submission, Sgt McCabe
informed Mr OHiggins he had a tape recording of the
meeting in question.
The commission took possession of the recording and
arranged for a transcript to be created.
Mr OHiggins indicated that the transcript coincided
precisely with Sgt McCabes version of events and was in
conflict with the allegation that he had told the two
officers he was motivated by malice.
Maurice McCabe
Following that, no evidence to show malice was called

from the two officers who were at the meeting.
However, the failed attempt to impugn Sgt McCabes
character did not appear in the OHiggins report. The
retired judge stated that Sgt McCabe was an entirely
truthful witness and his bona fides were fully accepted.
The documents show that, at the commission, Mr
OHiggins asked the commissioners lawyer whether you
are attacking his [McCabes] motivation and attacking his
character.
The reply from Colm Smyth, SC, was: Right the way
through.
He told the judge that he was acting on instructions.
Sgt McCabes counsel, Michael McDowell, objected in the
strongest terms to the course being taken by Ms
OSullivan.
Attacking one of our own members of our force who is in
uniform and on oath when in circumstances where in
public she promoted him to a professional standards unit,
and in public she has indicated that she accepts that he
was acting in good faith et cetera, et cetera, and in private
she sends in a legal team to excoriate him.
Nirn OSullivan
At the inquiry, the commissioner was represented by the

same counsel as two of the officers against whom Sgt
McCabe had made allegations.
A Garda spokesperson said the commissioner was barred
by statute from commenting on the commission.
In May 2014, then acting commissioner Ms OSullivan told
a joint Oireachtas committee that Sgt McCabe had the full
support of garda management.
In September 2014, after Sgt McCabe raised further
concerns about the penalty points system, the
commissioner appointed him to the Professional Standards
Unit to assist in reforming the system.
The OHiggins report published on Wednesday described
Mr McCabe as a dedicated and committed officer. It said
the sergeant was a person who acted out of genuine and
legitimate concern and that the commission
unreservedly accepts his bona fides.
The inquiry vindicated former justice minister Alan
Shatter, who had resigned after criticism of him in the
Guerin Report, which preceded OHiggins.
Shatter out the gap after bruising

political week
Thursday, February 20, 2014
By Mary Regan, Deputy Political Editor
AND so Alan Shatter has lived to fight another day.

Forced into an embarrassing climb down on the GSOC
bugging controversy and having to sack an old
acquaintance and political donor, it was a bruising 24
hours for the embattled justice minister.
Not only was he scrambling to contain the numerous

questions still floating around about if, why or who carried
out spying at the ombudsmans office, but he also had to
face down calls for his resignation.
Sinn Fin told the Taoiseach Mr Shatter should be relieved

of his duties, while Fianna Fil said his position is no
longer tenable.
But the minister appears to have fought off the latest

onslaughts and emerged bruised and weakened, yes.
But fighting for his political career? Not really.
Here is why:
He found a fall guy.
This is a useful thing for any politicians facing an

onslaught of public criticism.
This came in the form of someone who has helped him out
before.
Oliver Connolly, who had donated 1,000 to Mr Shatters

election campaign in 2007, and was appointed as the
confidential recipient for concerned garda in 2011, was
yesterday relieved of his duties.
Mr Connolly, a respected barrister, was given the task of

being a private point of contact for any members of the
garda who wanted to raise concerns about issues in the
force.
In June 2011, Mr Shatter said: Any member or civilian

employee of An Garda Sochna who wishes to report in
confidence about corruption and malpractice can be
assured that any such report will be taken seriously and
extensive protection will be given to him or her.
But then, a transcript came to light of a conversation that

took place when a whistleblower tried to do just that.
Ill tell you something Maurice, and if this is just personal

advice to you, if Shatter thinks youre screwing him youre
finished...
And it happened before Mr Connolly fulfilled his duty and

dealt fully with his complaints in the process set out for
him.
The office was due to be done away with in any event, as

Shatter announced in the Dil last month.
But nevertheless, the Taoiseach told the Dil he would be

relieved of his duty.
So thats that dealt with then. Decisive action was taken,

and that will draw a line under the messy whistleblower
issue for how.
Mr Shatters spokesperson would not say last night if the

minister would apologise to Mr McCabe for telling the Dil
in October he had failed to co-operate with an internal
garda inquiry on the penalty point issue. The Taoiseach
dealt this morning with the relieving of Mr Connolly of his
duties, was the unsurprising response.
nHe set up an inquiry (well, review).
Yes, it was an embarrassing climbdown from his earlier

insistence that to set up an independent inquiry into
claims of surveillance at the Garda Sochna Ombudsman
Commission would amount to undermining its
independence.
But it was well worth any bit of embarrassment it might

have brought, because it allows the Government to wash
its hands of the issue for a while.
Mr Shatter appeared before the Oireachtas Oversight

Committee last night and put up a robust defence.
But now it is over to a former High Court judge to review

all of the documentation and all of the reports that have
been produced on this matter to date, the Taoiseach said
of the process that will take eight weeks.
Until then, they must be given time and space to

examine the issue unhindered and without
interference.
GOVERNMENT backbenchers, for the most part, lined up in

chorus to sing the same tune last night that (while the
opposition and media are to blame for the saga so far) it
was now time to allow the independent person finally put
some clarity to this.
No Smoking Gun:
There might have been a big puff of smoke around the

GSOC story from the start, if Government spin doctors
were to be believed, but there was none of that other
political clich the smoking gun.
There was no definitive evidence of bugging or no

tangible proof of the variety that anyone who worked
outside the surveillance technology industry understood in
a way that would allow them to pin the blame on anybody.
Instead, there was one complicated explanation against

another and sometimes deliberate confusion so that
the whole thing looked a little shady but not much more.
And as a result, the public were not engaging on the issue,

according to Government TDs.
And if backbenchers are not getting it in the neck then, in

most cases, neither will the minister.
His colleagues stood by him:
Labour were more than willing to take the credit for an

independent review of the GSOC controversy after it was
announced following Tuesdays cabinet meeting.
But apart from wanting a line to be drawn under the story,

to stop further revelations from tumbling out, they did
not seem all too concerned.
In fact, over the weekend, they didnt want an

independent inquiry at all or at least Eamon Gilmore
didnt feel the need to call for it when asked three times
by Bryan Dobson on RTs The Week in Politics.
Nevertheless, they spotted an opportunity, and told

reporters yesterday they had pushed the cabinet to put in
place an independent person and a process that people
could have faith in.
The party appears to be genuinely of the view that Shatter

has little to answer here and that he is caught up in a row
between the Garda and GSOC.
On the treatment of the garda whistleblower, Maurice

McCabe, Labour has little or nothing to say.
A spokesperson for Labour ministers would not say last

night whether it supported calls for Mr Shatter to
apologise for the way Mr McCabe was treated. Neither did
the spokesperson want to comment on whether a Dil
statement was needed to correct the record from earlier
misrepresentations.
Communications Minister Pat Rabbitte said if a mistake

was made, that ought to be corrected. But he added he
hadnt heard the earlier debate on it.
My schedule this morning didnt permit me to listen to

any of the noise that has been going on all day and I
wasnt in the House for Leaders Questions.
The party will come under further pressure to explain its
backing for Mr Shatter when one of its senior ministers
takes Leaders Questions in the Dil today.
Thursday is an important day on the political week. Not

only is the pressure of the bit weekly event passed onto
Labour, but if they manage to get through it, there is
usually a nice breathing space ahead to allow things to
settle down.
And if Mr Shatter has made it through this dramatic week

that has passed, then its likely hell be out the gap for
now of this long running saga.
http://www.irishexaminer.com/ireland/shatter-out-the-gap-after-bruising-
political-week-259361.html#.UwYX7hpwZUg.twitter
Garda scandal - Whistleblower did a
real public service
Friday, November 22, 2013

Leaking confidential information can be highly dangerous.
Of course, this may depend on the motive of the individual
leaking the information. If it is to expose official
wrongdoing, it can serve a very useful purpose.
A scandal is brewing over reports some high-profile people
had penalty points for road traffic offences dropped. In a
republic, everybody is supposed to be equal before the
law, but there were allegations that some people were
being favoured in such matters.
A Garda report published in May dismissed many of the

allegations and suggested that the cancellation of points
was a relatively minor issue. Last month, the Comptroller
and Auditor General (C&AG) disclosed that the culture of
erasing penalty points was more widespread than had
been predicted, but his alarming report attracted little
attention.
His report was compiled with the help of disclosures from

a whistleblower. The Garda Sochna Act 2005 allows for
disclosure to the C&AG, and there were no objections to
those disclosures.
Whistleblowers have challenged the manner in which the

unacceptable culture of erasing penalty points has been
played down. A whistleblower within the Garda force
handed over extensive files to John McGuinness, the
chairman of the Dils Public Accounts Committee (PAC),
on the basis that the cancellation of the offences had cost
the exchequer a substantial amount of money.
Garda Commissioner Martin Callinan has demanded the

return of those files. He also complained to the data
protection commissioner, which warned Mr McGuinness
that possession of these files may be a breach of the Data
Protection Act.
It would seem, however, that Mr McGuinness has the law

on his side. The Data Protection Act 1988 specifies that
data may be disclosed if required for the purpose of
preventing, detecting, or investigating offences,
apprehending or prosecuting offenders of assessing or
collection of any tax, duty, or other moneys owed or
payable to the State.
In addition, the Garda Sochna Act 2005 entitles

individual garda to reveal confidential information to a
member of either of the Houses of the Oireachtas where
relevant to the proper discharge of the members
functions. In this instance, the whistleblower provided the
information to the chairman of the PAC, who has a
responsibility for keeping an eye on public monies.
It would seem the whistleblower did a real public service.

Even Justice Minister Alan Shatter seemed to encourage
that if the whistleblowers depiction of the material was
accurate, he should put it into the public domain. Thus,
there are grounds for suspecting that the whistleblower is
more in command of his responsibilities and powers than
Mr Callinan. Transport Minister Leo Varadkar described the
whistleblower as a highly credible individual, which is
more than can be said for those who have tried to
downplay this disgraceful situation.
The longer this scandal drags on, the more it calls into
question the credibility of the garda to investigate
themselves.
http://www.irishexaminer.com/viewpoints/ourview/garda-
scandal--whistleblower-did-a-real-public-service-250444.html
The Charleton Inquiry - Any delay in

report will add to crisis
Friday, February 10, 2017
Irish Examiner Editorial
THE imperative of staunching the flow of An Garda
Sochnas haemorrhaging credibility has become a
career-defining challenge for even the most secure,
assured and well-supported individual.
Or at least it did. Allegations, made under Dil protection

by Labour leader Brendan Howlin, that Garda
Commissioner Nirn OSullivan played a hands-on role in
black-ops to dishonestly discredit Garda whistleblower Sgt
Maurice McCabe, have cast that net far, far wider.
Those who appointed Ms OSullivan and supported her
through earlier difficult moments will surely be caught up
in the whirlwind despite yesterday afternoons entirely
appropriate reminder from Justice Minister Frances
Fitzgerald that an allegation is not a conviction.
If Ms OSullivans forceful rejection of Mr Howlins spine-
chilling charge is not corroborated in clear, robust terms
by Supreme Court judge Mr Justice Peter Charleton, who
will investigate the matter, then a number of careers will
end in ignominy or maybe worse.
advertisement
The charges are so sharp, so very threatening to the

institutional trust, the conduit through which our police
secure their mandate and authority, that it is hard to
imagine that anything short of sweeping changes in senior
personnel and culture might ensue.
Those changes might hardly end in the Phoenix Park but
would surely reach the Department of Justice.
They may go even further.
Unless Mr Justice Charleton can, preferably before years
end, publish a report that clearly says that Ms OSullivans
version of events is an unquestionably accurate record
then we will have reached that hackneyed but salient
state of affairs depicted by Lord Denning nearly 40 years
ago when he described the suggestion that West Midlands
Police had lied about injuries inflicted on the Birmingham
Six while they were in custody as an appalling vista.
Even though Ms OSullivan has rejected the accusation
with considerable assertiveness the charge that the senior
police office in this Republic deliberately, consciously lied
to a journalist working for our national broadcaster to
serve the dishonest, dishonourable end of sidelining a
difficult but honest whistleblower means that even that
highwater mark the GUBU Scale must be revised.
These concerns its too early to call them anything more
concrete carry weight as Mr Howlin has a very credible
record in these matters.
He has made allegations before that were, on first hearing,
dismissed but later vindicated.
It is more than likely that Mr Charletons inquiry will try to
interview the journalist who informed Mr Howlin.
That will renew the debate about journalists right not to
identify sources.
As was seen just last week in the Kerins case these
conventions regarded as a right by journalists but not
by our courts should be honoured.
At this moment we have the worst of all worlds toxic
suspicion that will corrode until it is dismissed or
confirmed.
Mr Charleton carries a heavy responsibility and he must
quickly complete an authoritative report.
As we saw from yesterdays further damaging and
unpleasant allegations the train is leaving the station.
Rapid action is needed before this gets out of control.
http://www.irishexaminer.com/viewpoints/ourview/the-
charleton-inquiry--any-delay-in-report-will-add-to-crisis-
442532.html
Garda right now are like the cat with 9

lives - they're up to life 14'
While a Commission of Investigation is to examine
whether there was a smear campaign against Sergeant
Maurice McCabe, the Government insists the Garda
Commissioner has its full confidence.
However Cormac Lucey, former advisor in the Department
of Justice, believes Noirn O'Sullivan needs to go.
Here you're either all-in or you're not in, so either we have
a Garda Commissioner there with full Government
confidence or we don't. "I think the question is why does
the Government, or does the Government have full
confidence in the Garda Commissioner right now - if I were
in their position I wouldn't. I think the Garda right now are
like the cat with nine lives, they're up to life 14 at this
stage."
Earlier: Sinn Fin is to table a motion of no confidence in
what it describes as a "kick for touch, cover up"
government.
The move follows a week of pressure on the Government

over hospital waiting lists and the latest revelations about
an alleged smear campaign against Garda whistleblower
Maurice McCabe.
Fianna Fil's arrangement with the Government requires it

not to support any motion of No Confidence, but Sinn Fein
says it will encourage Fianna Fil to support its move.
Sinn Fin Deputy Leader Mary Lou McDonald said the

health crisis is a factor in tabling a motion of no
confidence in the Government, but the situation involving
Sergeant McCabe is of major concern.
"I suppose it is the turn of events around the scandalous

campaign of vilification and character assassination
against Sergeant Maurice McCabe, and the way in which
the Government has failed to protect his interests and the
interests of citizens more broadly in this very shocking
scenario."
She said that the hospital waiting list scandal has
"exposed the government's complete failure" in what she
describes as a crisis in the health service.
Yesterday, Sinn Fin President Gerry Adams called for a

General Election.
Speaking in Belfast on the controversy surrounding

Sergeant Maurice McCabe, he said that the Fine Gael led
government is '"stumbling from one crisis to another".
"They have covered up on the NAMA scandal and they are

now playing the public for fools on the
Garda/Tusla/McCabe controversy."
Mr Adams said that if his party was in government, they

would not tolerate it.
He added: "People deserve an election. They deserve to

have their say on all of these matters.
Also yesterday, the HSE said it is apologising unreservedly

to Mr. McCabe and his family for the distress caused on
foot of this error.
"The HSE is making arrangements to offer this apology
formally to Mr. McCabe as soon as possible," the
statement said.
The HSE said it will fully co-operate with any Inquiry or

Investigation into this matter.
Sinn Fin is to use its Dil time on Wednesday to table the

motion of no confidence, with a vote the following day.
A Town Called Malice - Nirn O'Sullivan is now in a serious

Jam
Sgt Maurice McCabe.

treated.
the issue.
on Thursday.
inquiry.
statement.
Examiner.
said.
than him.
http://www.irishexaminer.com/breakingnews/ireland/gardai-right-now-are-
like-the-cat-with-9-lives--theyre-up-to-life-14-776712.html
DRUG COURT REPORT The Drug Court Planning Committee
Judge Desmond Hogan Judge of the District Court Chairman
Judge Gerard Haughton Judge of the District Court
http://www.courts.ie/Courts.ie/library3.nsf/
(WebFiles)/F60C2E731DEC016D80256DA6003DDC0C/$FILE/Appendices
%20Final%20pdf.pdf
Judge appointed to probe Garda call-taping
scandal
April, 2014 00:00

/.lancio-maincontent__top
THE Irish government has appointed
Supreme Court judge Nial Fennelly to
investigate the Garda phone-taping scandal.
News of the appointment came as two
Limerick men yesterday pleaded guilty to IRA
membership in advance to their trial, which
was halted last week over the controversy.
Thomas McMahon (31) and Noel Noonan (34)
had their trial at the Republic's non-jury court
adjourned last Wednesday after it emerged
that a large number of Garda stations had
facilities to record phone calls from the 1980s
until last November.
Lawyers for the pair had sought assurances
that conversations between the men and
their solicitors had not been recorded
following their arrest on a Co Tipperary road
in February last year.
Following a 24-hour adjournment the Special
Criminal Court ruled on Thursday that the
trial could proceed after a senior garda said
that the phone lines at Clonmel and Cahir
Garda stations were not linked to recording
equipment.
Yesterday both men pleaded guilty yesterday
to membership of the IRA on February 7
2013.
In a new twist to the row, the Cabinet learned
yesterday that conversations between
dozens of prisoners and their solicitors had
been "inadvertently recorded" by the state's
prison service.
Taoiseach Enda Kenny told the Dail that the
service had informed justice minister Alan
Shatter during ministers' weekly meeting
that 83 prisoners who had more than one
solicitor had been taped.
The minister has requested a report on the
matter from prison chiefs.
Separately, the government agreed that Mr
Justice Fennelly should chair the commission
of investigation, tasked to examine "all
matter of public concern relating to the issue
of taping of conversations in Garda stations".
The full terms of reference will be finalised
shortly and will be subject to Dail approval.
In a statement, the government said it had
decided that An Garda Siochana and the
Department of Justice should ensure the
retention and preservation of all tapes,
complete a full inven- tory and ensure that
the tapes can be accessed.
Meanwhile, the taoiseach will chair a new
Cabinet committee on justice reform to
oversee the development of proposals for an
independent police authority.
The government is also set to embark on a
public consultation process in the coming
weeks on policing in the Republic and its
justice reform.
"The government's intention is to have new
structures, including the appointment of a
new Garda Commissioner by open
competition and the establishment of a new
independent policing authority, in place later
this year," the statement said.
Opposition parties have been piling pressure
on the government since the phone-taping
revelation and the retirement of former
Garda Commissioner Martin Callinan.
The government, however, is expected to
defeat with ease a Fianna Fail motion of no
confidence in justice minister Alan Shatter
tonight following a two-day debate in the
Dail.
PRESSURE: Supreme Court judge Nial
Fennelly has been appointed to investigate
the Garda phone-taping controversy. The
government is expected to defeat a Fianna
Fail motion today of no confidence in justice
minister Alan Shatter in the wake of the
scandal
http://www.irishnews.com/news/2014/04/02/n
ews/judge-appointed-to-probe-garda-call-
taping-scandal-87916/
Cabinet chooses High Court

judge Peter Charleton for
Supreme Court post
Tue, Jun 17, 2014, 19:03
Ruadhn Mac Cormaic
Mr Justice Peter Charleton: appointed to the Supreme Court. File Photograph:

Dara Mac Dnaill/The Irish Times
The Government has nominated High Court judge Peter
Charleton to fill the Supreme Court vacancy created by the
retirement last month of Mr Justice Nial Fennelly.
http://www.irishtimes.com/news/crime-and-law/cabinet-chooses-high-
court-judge-peter-charleton-for-supreme-court-post-1.1835768?
mode=sample&auth-failed=1&pw-origin=http%3A%2F
%2Fwww.irishtimes.com%2Fnews%2Fcrime-and-law%2Fcabinet-chooses-
high-court-judge-peter-charleton-for-supreme-court-post-1.1835768
Peter Charleton
Peter Charleton was appointed a judge of
the High Court in Ireland in 2006.
http://fordhamipconference.com/wp-
content/uploads/2011/05/Charleton.pdf
Peter Charleton Peter Charleton was appointed a judge of
the High Court in Ireland in 2006 and assigned to the
commercial list, which deals with private la, WAS APPOINTED
BY FINE GAEL ALAN SHATTER AND ENDA KENNY A CLOSE
FRIEND TO THE FG FAMILY
http://fordhamipconference.com/wp
content/uploads/2013/04/2013.Charleton.bio_.pdf
High Court
overturns judge's
decision
Updated / Friday, 2 Mar 2007 23:18
The High Court has freed a Romanian man who
was refused bail by a District Court judge even
though his 13-year-old son had no one to care
for him.
Judge Murrough Connellan was told garda
were not objecting to bail for Teodore Popa and
that his son was waiting outside for him.
However, the judge remanded him in custody
until Monday.
Teodore Popa was before the district court at
the Bridewell this afternoon on a charge of
stealing a computer.
His lawyers then went to the High Court to
challenge the legality of his detention.
The High Court heard that when Mr Popa was
asked by Judge Connellan if he had a legal aid
solicitor, he told the judge his English was not
good enough to understand.
Mr Popa said Judge Connellan told him he had
been in Ireland since 1999, long enough to
know what he was asking.
The High Court heard no effort was made to
contact an interpreter or a solicitor and that Mr
Popa was remanded in custody until next
Monday, despite the judge being interrupted
by a garda who told him there was no
objection to bail.
High Court judge Mr Justice Peter Charlton said
no evidence was put before the district court
that Mr Popa would abscond, interfere with
witnesses or commit further offences while on
bail, which are the tests that must be satisfied
before bail can be refused.
He said the District Court judge acted in
excess of his jurisdiction and unlawfully
deprived Mr Popa of his liberty.
Justice Charlton ordered Mr Popa to be
released and to appear before Dun Laoghaire
District Court next Monday.
https://www.rte.ie/news/2007/0302/86366-popat/
HANG IN THERE
Enda Kenny insists
Garda
Commissioner
Noirin OSullivan
has full confidence
of government in
whistleblower
storm
The Taoiseach said you 'cannot have a
country if everybody against whom
allegations are made has to step aside'
IRELANDS top cop Noirin OSullivan has the full
confidence of Government in the face of a
whistleblower smear claim storm.
Taoiseach Enda Kenny made the statement yesterday,
insisting it was not appropriate for the Garda
Commissioner to step aside while the subject of a new
judge-led inquiry.
An Taoiseach Enda Kenny has come out strongly in

confidence of the Garda Commissioner Noirin OSullivan
Labour leader Brendan Howlin told the Dail on Wednesday
under Dail privilege that she contacted journalists in 2013
and 2014 to make serious sexual allegations which he
described as malicious rumours about Sgt Maurice
McCabe.
Commissioner OSullivan later denied the claim and, in a
strong defence of her, the Taoiseach said: You cannot
have a country if everybody against whom allegations are
made has to step aside.
There is no prima facie evidence. There is no indication of
any wrongdoing on behalf of the Garda Commissioner.
For that reason she is fully entitled to the support of
Government.
Noirin OSullivan is facing allegations of contacting journalists
to make serious sexual allegations which she strongly denies
Meanwhile, Tanaiste and Justice Minister Frances
Fitzgerald told TDs that the constitution gave OSullivan
the same protection in relation to her good name as those
who made the allegations.
Fianna Fail also backed the Garda chief, insisting her
reputation would be unfairly damaged if she had to step
aside and was later cleared of the claims.
https://www.thesun.ie/news/560168/enda-kenny-insists-garda-
commissioner-noirin-osullivan-has-full-confidence-of-government-in-
whistleblower-storm/
I WOULDN'T RULE IT
OUT' Enda Kenny
doesnt rule out
external
investigation into
garda whistleblower
Maurice McCabe
smear row
The long-running furore took a dramatic
twist last week when it emerged an
"administrative error" resulted in a file
circulated by Tusla
.article__header
BY RYAN MCBRIDE 12th February 2017
THE Taoiseach has said he would not rule out a future
external criminal probe into the Garda whistleblower
smear campaign controversy.
Enda Kenny said if allegations of criminal conduct
emerged during the forthcoming Commission of
Investigation then police officers from outside the
jurisdiction may be required to examine what went on.
Taoiseach Enda Kenny hast ruled out a criminal investigation

An inquiry led by Judge Peter Charleton is to examine
claims senior gardai peddled false rumours of child sex
abuse against whistleblower Sergeant Maurice McCabe in
order to blacken his name among journalists and
politicians.
The long-running furore took a dramatic twist last week
when it emerged an administrative error resulted in a file
circulated by Tusla, the Child and Family Agency,
documenting a complaint against Mr McCabe based on an
entirely false statement that he had been accused of child
rape.
Over the time that false sexual allegation was on record,
Mr McCabe was at the centre of exposing routine abuse of
the Garda penalty point system.
Mr Kenny said: In order to have a criminal investigation
you have to have evidence of criminality and that may well
happen, as is the case in any commission of investigation.
Garda whistleblower Maurice McCabe

When its completed, or during the course of its work
under way, there may be High Court injunctions or there
may well be criminal investigations to follow that, so I
wouldnt rule it out.
He told RTEs This Week that any criminal investigation
could run in parallel with the commission but he said the
police probe would probably take precedence.
The Taoiseachs comments came as the McCabe family
rejected an apology issued by Irelands Health Service
Executive (HSE) for its role in the false rape claim
episode.
The McCabes questioned the HSE assertion that correct
procedures had been followed once the error had been
identified and also said the apology had not been made in
private to them before a media statement was issued on
Saturday.
The contention over the HSE apology came after Tuslas
official apology to the McCabes was delivered to the
wrong house.
Meanwhile, Government ministers continue to face calls to
explain who knew what about the botched Tusla report
before the terms of inquiry for the commission were
agreed around the Cabinet table.
The Tusla revelations were made public subsequent to
that Cabinet meeting in an RTE Prime Time investigation
on Thursday night.
Garda are in the spotlight because of the McCabe affair
Childrens Minister Katherine Zappone met Mr McCabe in
January to discuss the issue, but Mr Kenny and Tanaiste
and Justice Minister Frances Fitzgerald have claimed they
neither sought or were told what was discussed.
The Taoiseach said he did not enquire because Ms
Zappone was meeting the officer in a private capacity.
Mrs Fitzgerald told RTEs The Week In Politics she was
stunned by what emerged on Prime Time and said it was
all new to her.
Explaining why she had not asked the independent
Childrens Minister for details of her discussions with Mr
McCabe, she said: I was respecting the integrity of her
meeting with him, I was respecting it fully.
There is no conspiracy theory here of me taking certain
actions in order to avoid certain things.
Sinn Fein is to table a motion of no confidence in the
Government in the Dail this week. Mrs Fitzgerald branded
the move opportunistic.
Sinn Feins call for an early election has been rejected by
other opposition parties Fianna Fail and Labour.
https://www.thesun.ie/news/570262/enda-kenny-doesnt-rule-out-external-
investigation-into-garda-whistleblower-smear-row/
McCabe row: FG vice-chair

calls on Garda chief to stand
aside
Pat Deering says claims too serious for Nirn OSullivan
to stay on while inquiry ongoing
about an hour ago
Michael O'Regan
Fine Gael parliamentary party vice-chairman Pat Deering has said Garda
Commissioner Nirn OSullivan (inset) should step aside until the Charleton
commission report is completed. File photographs: The Irish Times
The Fine Gael parliamentary party vice-chairman has
called on the Garda Commissioner to stand aside amid the
ongoing whistleblower affair.
http://www.irishtimes.com/news/politics/mccabe-row-fg-vice-chair-calls-on-
garda-chief-to-stand-aside-1.2972951?mode=sample&auth-failed=1&pw-
origin=http%3A%2F%2Fwww.irishtimes.com%2Fnews%2Fpolitics
%2Fmccabe-row-fg-vice-chair-calls-on-garda-chief-to-stand-aside-
1.2972951
Statement by the Tanaiste and Minister for
Justice and Equality, Frances Fitzgerald TD
10 February 2017
https://www.rte.ie/documents/news/tanaisterstatement.pdf
Spokesperson for the Minister for Children and Youth
Affairs, Dr Katherine Zappone
https://www.rte.ie/documents/news/zapponespokespersonstatement.pdf
Govt publishes
whistleblower
Commission terms
of reference
Updated / Wednesday, 8 Feb 2017 22:25
Garda Commissioner Nirn O'Sullivan will have her mobile phone

records examined as part of the inquiry
The terms of reference have been published for the
Commission of Investigation which is being
established to investigate allegations that there was
an organised campaign against whistleblowers at the
highest levels of the Garda.
Judge Peter Charleton will investigate claims made
under protected disclosure legislation by the former
head of the Garda Press Office Superintendent Dave
Taylor to the effect that he was told by former
commissioner Martin Callinan and his then deputy
Nirn O'Sullivan, to brief the media that claims made
by Sergeant Maurice McCabe were motivated by
malice and revenge and had no substance.
He will also investigate Supt Taylors allegation that
he was told to draw journalists' attention to an
allegation of criminal misconduct against Sgt
McCabe.
Judge Peter Charleton will head the Commission of Investigation

Mr Justice Charleton will also examine records of all
mobile phone use by Supt Taylor, former
commissioner Callinan and Commissioner O'Sullivan
over the relevant period, from 1 July 2012 to 31 May
2014 .
Another heading sees Mr Justice Charleton
investigating whether Commissioner O'Sullivan was
involved in leaking to RT an account of the
O'Higgins Commission report which branded Sgt
McCabe a liar and irresponsible.
McCabe calls for public statement from
O'Sullivan
He will also examine whether a meeting took place
between Mr Callinan and Fianna Fil TD John
McGuinness in January 2014.
It is alleged the meeting took place in the car park of
Bewley's Hotel, Newlands Cross, Co Dublin.
Mr McGuinness has already claimed Mr Callinan had
spoken disparagingly about Sgt McCabe at such a
meeting.
The terms arise from recommendations of an earlier
report from retired judge Iarfhlaith O'Neill which found
that two protected disclosures were allegations of
serious wrongdoing, but these claims were vigorously
denied by those against whom they were made.
The O'Neill report will be published in redacted form
tomorrow.
Following the publication of the terms of reference,
An Garda Sochna issued a statement saying it
"welcomes and will co-operate fully with the
Commission of Investigation chaired by Mr Justice
Peter Charleton so that the truth and facts are
established."
Commission of Investigation (Certain matters relating to two
disclosures made by members of An Garda Siochna under
the Protected Disclosures Act 2014) Order 2017
http://static.rasset.ie/documents/news/draft-order.pdf
Garda Commissioner was

'not privy to' any actions
targeting whistleblowers
Enda Kenny has said a judge could be appointed to examine
the latest whistleblower claims
NEWS
Garda Commissioner Nirn O'Sullivan has denied any
knowledge or involvement in an alleged campaign against
a whistleblower in the force.
Taoiseach Enda Kenny earlier indicated that a judge could be
appointed to examine the new claims by garda whistleblowers.
Mr Kenny confirmed yesterday that Tnaiste Frances
Fitzgerald recently received correspondence from a number of
garda under whistleblowing legislation.
It followed an Irish Examiner report that statements made by
two senior garda alleged that senior garda management set
out to destroy the character of a whistleblower.
The paper said the disclosures detailed attempts to undermine
the whistleblower by encouraging officers to attack his
character, creating an intelligence file on him and monitoring
his activities on the garda Pulse system.
The Fine Gael leader told TDs he had "absolute confidence" in
Garda Commissioner Nirn O'Sullivan, following calls for her
resignation by TD Clare Daly.
Enda Kenny told the Dil this afternoon that it will be up to
Minister Fitzgerald to decide on the best course of action to
take once the documentation has been fully considered.
"That may well be the appointment of a sitting judge to look at
the documentation to verify the contents of that and whatever
action follows from that," he said.
A statement from the garda this afternoon said:
"Commissioner OSullivan would like to make it clear that she
was not privy to nor approved of any action designed to target
any garda employee who may have made a protected
disclosure and would condemn any such action.
"The Commissioner wishes to [reiterate] that any employees
in An Garda Sochna who bring forward any concerns or
issues they might have will be taken seriously and the matters
examined."
The statement added that garda were "anxious that the full
content of the disclosures giving rise to the commentary be
comprehensively examined" to maintain public confidence in
the force.
Minister Fitzgerald told an Oireachtas committee this morning
that she will ensure the claims are fully investigated.
"I will consider in great detail how to respond to them, and
what is the best possible way to take this further, to analyse
and make sure there is a process in place," she said.
"I will certainly do it in a way that protects the whistleblowers
and that is fair, and is seen to deliver justice to all."
Garda culture
Speaking to Newstalk Drive, Mary Lou McDonald said it is
"scandalous that we now have another - and very serious - set
of allegations in respect of whistleblowers and the smearing
and targeting of them."
She suggested there seems to be a lot of "book-passing" over
the issue.
"Let's hear from the [Justice] Minister. I know the
Commissioner has made a public statement - we need much
more than that.
"As I speak to you today, I would suggest that the position of
both those women in the senior positions concerned is very,
very tenuous to say the least of it," Deputy McDonald added.
Earlier today, Brendan Howlin sharply criticised what he

described as a culture of "circling the wagons" within An
Garda Sochna.
In an interview with Newstalk Breakfast, Deputy Howlin said
the development was "very demoralising" for those who
believed the Protected Disclosures Act 2014 would improve
the culture within the force.
"I said during the passage of that bill that the law is not
enough. You have to change culture and this is much more
difficult," he said.
"It was clear to me then and it seems still to be the position
that, for some guards, there seems to be a culture where
when someone points to a wrongdoing, you circle the wagons.
"You dont address it. That needs to be eradicated and we
need to do it now."
The Labour leader described Minister Fitzgerald as eager,
determined and "honourable in what she wants to do".
He added, however: "I know that anyone - and this is every
minister I am aware of in my 30 years in the Dil - that goes
into Department of Justice is sucked into a system.
"One of things I tried to do in the Department of Public
Expenditure is move people around so you didn't build up silos
of people who become securocrats in a way that protects their
own enclave above the generality of the public good."
Former High Court judge

appointed to review Garda
whistleblowing allegations
Paul Williams suggests the controversy "is much more
significant" than other scandals
NEWS
Justice Minister Frances Fitzgerald has revealed details of
the review into the Garda whistleblowing controversy.
Two senior officers have claimed they were involved in the
smearing of a whistleblower.
The allegations were made under protected disclosures
legislation.
Former High Court Justice Iarfhlaith O'Neill will review the
allegations and report to the Minister Fitzgerald within six
weeks.
The Tnaiste said: "As I have already said publicly, it is vitally
important that the claims of people making such disclosures
are properly addressed. We have to do that in a way that is
proper, just and fair to all. The rights of everyone to fairness
and proper procedures have to be vindicated.
"I am determined that An Garda Sochna operate to the very
highest standards and this involves ensuring that allegations
of wrongdoing are dealt with properly and the persons making
those allegations are fully protected and respected," she
added.
Garda Commissioner Nirin O'Sullivan has welcomed the
review.
"An Garda Sochna will co-operate fully with this review
process," she said in a statement. "An Garda Sochna re-
iterates its support for employees who make protected
disclosures and that anyone who brings forward any concerns
or issues will be taken seriously and the matters examined."
The review has also been welcomed by opposition politicians.
Fianna Fil's justice spokesperson Jim O'Callaghan said: "We
now look forward to the judge working towards a speedy
conclusion to his inquiry so that we can get to the truth of
these matters."
Sinn Fin deputy leader Mary Lou McDonald said: It is
extremely important that this inquiry commands the
confidence and cooperation of everyone concerned
particularly the garda who have made the complaints.
I trust that the Minister has established that all parties to
these allegations, have confidence in the process and will
assist the inquiry fully."
Commissioner O'Sullivan attended a press conference this
morning - to praise the garda involved in preventing an armed
raid in Meath - but refused to be drawn on the scandal.
In a statement earlier this week, Commissioner O'Sullivan said
"she was not privy to nor approved of any action designed to
target any garda employee who may have made a protected
disclosure and would condemn any such action".
She added that she will support an investigation into the
matter.
Speaking to reporters today, she said the matter will be dealt
with - later:
Meanwhile, Newstalk Breakfast presenter Paul
Williams suggests the controversy "is much more significant
than the other whistleblowing controversies or scandals".
He explained: "[One] dimension to this controversy is An
Garda Sochana, now in the past two years, under this
Commissioner, has become completely engulfed in a whole
new set of controversies and crises.
"This is not the way both Frances Fitzgerald and Nirn
O'Sullivan told us or promised the State they would reform the
garda," he added.
http://www.newstalk.com/Thats-something-that-well-deal-with-on-another-
day--Garda-Commissioner-on-whistleblower-controversy
Judge appointed to probe 'smear'

campaign against Garda
whistleblowers
October 7th 2016
A former High Court judge will investigate an alleged
smear campaign against a Garda whistleblower, Frances
Fitzgerald has confirmed.
In the latest in a string of controversies to rock the force,

the Tanaiste and Justice Minister said Justice Iarfhlaith
O'Neill will report back on his findings within six weeks.
"On conclusion of the review I will consider what further

steps may be necessary," she added.
The judge has been charged with probing claims that

senior gardai targeted an officer in a widespread character
assassination.
It is understood two senior gardai have made statements

to justice chiefs that false and damaging allegations were
made against the whistleblower and that one has said
they were following orders.
Garda Commissioner Noirin O'Sullivan was forced into

publicly denying earlier this week that she knew anything
about the alleged conspiracy.
The police chief said she would condemn any smear

campaign against an officer.
Ms Fitzgerald has confirmed she received correspondence
under the Protected Disclosures Act from two members of
the force on Monday.
But she said she legally is prevented from making any

remarks that could identify those who have made the
disclosures.
"Having consulted with the Attorney General, I am now in

a position to announce a first step in the process to ensure
that these protected disclosures are addressed properly,"
she said.
Ms Fitzgerald said the judge-led investigation would review

allegations of wrongdoing contained in the disclosures,
including interviewing anyone or any group he considers
appropriate.
His report, due before the end of November, will include

recommendations on any further action needed to address
the allegations.
Earlier this week, Clare Daly, TD with the

Independents4Change group, demanded Commissioner
O'Sullivan resign and claimed the smear campaign was
"systematic, organised and orchestrated" and had the "full
involvement of the present and former commissioner".
She said it was designed to "not just discredit a

whistleblower but to annihilate him".
The commissioner said it would be inappropriate to

comment on specific allegations made under protected
disclosure rules, which were introduced in 2014 to support
whistleblowers.
The police chief urged a comprehensive investigation into

the alleged smear campaign, which may date back as far
as 2013.
It is claimed hundreds of text messages were

disseminated among a large group of officers with
instructions to attack the whistleblower's character, and
an intelligence file was opened on the whistleblower and
movements were monitored.
Journalists and some politicians were also briefed by

senior garda concerning allegations about the
whistleblower.
Several whistleblowers in the Garda have been identified

in recent years, some of whom have spoken out about
their treatment after raising concerns about corruption or
bad policing.
Among them are Sergeant Maurice McCabe who was

vindicated over the vast majority of his concerns about
policing standards in parts of the Cavan-Monaghan
division and abuse of the penalty point system.
Others are Nick Keogh and Keith Harrison both of whom

have been named in the Dail as being victims of
harassment after raising concerns about policing.
https://www.irishexaminer.com/breakingnews/ireland/judge-appointed-to-
probe-smear-campaign-against-garda-whistleblowers-758308.html
Justice Minister passes Garda

whistleblowers report to Attorney
General
Wednesday, December 07, 2016
A report into an alleged "smear campaign" against Garda
whistleblowers has been submitted to the Department of
Justice.
Former High Court Judge Iarfhlaith O'Neill investigated two

protected disclosures made to Tnaiste Frances Fitzgerald.
Iarfhlaith O'Neill
It is alleged that Commissioner Nirn O'Sullivan was part

of alleged tactics to discredit whistleblowers.
The Tnaiste said that given the sensitive nature of the

report, it has now been passed on to the Attorney General
for her advice on how to proceed.
Frances Fitzgerald
https://www.irishexaminer.com/breakingnews/ireland/justice-minister-
passes-garda-whistleblowers-report-to-attorney-general-767606.html
Nirn O'Sullivan moots independent
body amid whistleblower allegations
October 12th 2016
Garda chief Nirn O'Sullivan has suggested an

independent body should be set up to deal with
whistleblowers within her rank and file.
Under cross-examination about the latest controversy to
hit the force, Ms O'Sullivan also said she was "not aware"
of any officers alleging Garda wrongdoing being put under
surveillance or having their phones tapped.
A former High Court judge has been asked by the

Government to investigate an alleged smear campaign
against a Garda whistleblower.
Pressed about the claims before a parliamentary

committee, Ms O'Sullivan repeatedly insisted she could
not talk about any individual case.
But she said she had no part in any alleged conspiracy.
"I'm personally not privy to, did not approve or condone

any campaign against any individual," she told the Joint
Committee on Justice and Equality.
Ms O'Sullivan said she was trying to recruit an
independent expert to review the force's whistleblower
processes, but suggested it may be better to take the
system outside.
"We never said everything is perfect - far from it," she

said. "It is a relatively new process for everybody.
Everybody is learning. That is why we are engaged in a
review of policy, practice and procedures."
She added: "In our experience, it may be appropriate to

have some independent entity that can independently and
impartially receive all these complaints."
Ms O'Sullivan said the number of officers who have made

complaints under the existing internal system was in
single figures.
She refused to comment on whether they were on

extended sick leave over workplace stress.
"I am not in the business as Garda Commissioner or Noirin

O'Sullivan of messing with anyone's lives or families," she
said.
"My business is leading an organisation of men and

women there to support the community."
Ms O'Sullivan also denied claims of nepotism under her

leadership, including suggestions about the roles of her
husband and her bridesmaid.
"It isn't the case I promoted my bridesmaid. I didn't have a

bridesmaid," she told the committee.
Asked about separate claims about the promotion of
officers against whom whistleblowers have made
complaints, she said allegations remain allegations until
they are proven.
In any case, she does not personally make appointments

and the promotions process is fair, independent and
impartial, she added.
The Garda commissioner admitted it is taking "gritty
determination" to push the force through a huge cultural
change, which was ongoing and does not happen
overnight.
She said she would fully co-operate with the judge-led

review into the alleged smear campaign, including
handing over any electronic evidence or other files that
may be requested.
Justice Iarfhlaith O'Neill has been charged with probing

claims that senior gardai targeted an officer in a
widespread character assassination.
He is to report back on his findings within six weeks.
It is understood that two senior gardai have made

statements to justice chiefs that false and damaging
allegations were made against the whistleblower and that
one has said they were following orders.
https://www.irishexaminer.com/breakingnews/ireland/noirin-osullivan-
moots-independent-body-amid-whistleblower-allegations-759028.html
Latest: An Garda Sochna 'welcomes

report on whistleblower policy'
Friday, November 11, 2016
Update 6.30pm: An Garda Sochna has said that it
welcomes the publication of the Policing Authoritys report
today concerning whistleblowing in the force.
We have already started to take on board the

recommendations of this report, which will help to improve
our existing Protected Disclosures policy, a statement
read.
This is part of our overall strategy to support anybody

within An Garda Sochna who comes forward to make a
Protected Disclosure.
We are determined that anyone who brings forward

issues or concerns will be listened to and supported.
Earlier:
The Policing Authority has found garda whistleblower

policy does not encourage members of the force to make
complaints.
The report makes a number of recommendations for the

garda whistleblower policy, most of which the force has
welcomed and said it will examine.
http://www.policingauthority.ie/Website/PA/PolicingAuthorit
yWeb.nsf/page/TXLH-AFLK9A1442011-en/
$File/Protected_disclosures_report.pdf
It has taken issue with Garda rules which allow a member

to be disciplined if they make claims "for malicious
reasons".
The Authority says whistleblowing laws do not allow an

employer to consider the motives for someone making a
complaint.
It says when an allegation is made against someone that

person should be afforded protection.
It also says that garda policy should be changed to provide
more protection for those making anonymous claims.
It also recommends providing garda with greater detail on

how their claims will be investigated.
The report adds that there should be a clear distinction

between personal employment complaints and protected
disclosures within An Garda Siochna.
Ex-High Court judge to

probe 'smear campaign'
against Garda
whistleblower
PUBLISHED
07/10/2016
Noirin O'Sullivan was forced into publicly denying knowing

anything about the alleged conspiracy
A former High Court judge will investigate
an alleged smear campaign against a Garda
whistleblower, Frances Fitzgerald has
confirmed.
In the latest in a string of controversies to rock the force,
the Tanaiste and Justice Minister said Justice Iarfhlaith
O'Neill will report back on his findings within six weeks.
"On conclusion of the review I will consider what further
steps may be necessary," she added.
The judge has been charged with probing claims that
senior gardai targeted an officer in a widespread character
assassination.
It is understood two senior gardai have made statements
to justice chiefs that false and damaging allegations were
made against the whistleblower and that one has said they
were following orders.
Garda Commissioner Noirin O'Sullivan was forced into
publicly denying earlier this week that she knew anything
about the alleged conspiracy.
The police chief said she would condemn any smear
campaign against an officer.
Ms Fitzgerald has confirmed she received correspondence
under the Protected Disclosures Act from two members of
the force on Monday.
But she said she legally is prevented from making any
remarks that could identify those who have made the
disclosures.
"Having consulted with the Attorney General, I am now in
a position to announce a first step in the process to ensure
that these protected disclosures are addressed properly,"
she said.
Ms Fitzgerald said the judge-led investigation would
review allegations of wrongdoing contained in the
disclosures, including interviewing anyone or any group
he considers appropriate.
His report, due before the end of November, will include
recommendations on any further action needed to address
the allegations.
Earlier this week, Clare Daly, TD with the
Independents4Change group, demanded Commissioner
O'Sullivan resign and claimed the smear campaign was
"systematic, organised and orchestrated" and had the "full
involvement of the present and former commissioner".
She said it was designed to "not just discredit a
whistleblower but to annihilate him".
The commissioner said it would be inappropriate to
comment on specific allegations made under protected
disclosure rules, which were introduced in 2014 to support
whistleblowers.
The police chief urged a comprehensive investigation into
the alleged smear campaign, which may date back as far as
2013.
It is claimed hundreds of text messages were disseminated
among a large group of officers with instructions to attack
the whistleblower's character, and an intelligence file was
opened on the whistleblower and movements were
monitored.
Journalists and some politicians were also briefed by
senior garda concerning allegations about the
whistleblower.
Several whistleblowers in the Garda have been identified
in recent years, some of whom have spoken out about their
treatment after raising concerns about corruption or bad
policing.
Among them are Sergeant Maurice McCabe who was
vindicated over the vast majority of his concerns about
policing standards in parts of the Cavan-Monaghan
division and abuse of the penalty point system.
Others are Nick Keogh and Keith Harrison both of whom
have been named in the Dail as being victims of
harassment after raising concerns about policing.
http://www.belfasttelegraph.co.uk/news/republic-of-ireland/exhigh-court-
judge-to-probe-smear-campaign-against-garda-whistleblower-
35112882.html
Statement on the Report of Mr Justice
Iarfhlaith ONeill of his Review relating
to two Protected Disclosures
7 December 2016
The Tnaiste and Minister for Justice and Equality, Frances
Fitzgerald TD, today received the Report of Mr Justice Iarfhlaith
ONeill of his Review relating to two protected disclosures which
were made to her by members of An Garda Sochna in early
October.
Mr Justice ONeill was asked to review the allegations of wrongdoing
contained in the disclosures, to make any inquiries with persons or
bodies that he considered appropriate in relation to the review and
to report to the Tnaiste on the conclusion of the review, including
any recommendations which he may consider necessary in relation
to any further action which may be appropriate and warranted to
address the allegations.
The Report sets out in detail the allegations contained in the
protected disclosures. In view of the nature of those allegations
and the fact that third parties are mentioned the Report is being
referred to the Attorney General for her advice on how to proceed,
including the question of what material might properly be put in the
public domain, having regard to the rights of all concerned.
The Tnaiste is very grateful to Mr Justice O'Neill for carrying out
this work so expeditiously and presenting his Report, which will
form the basis for ensuring that the protected disclosures are
properly addressed. When the advice from the Attorney General is
received, the Tnaiste will bring forward proposals to Government
to this end. The Tnaiste is not in a position to make any further
comment at this time.
ENDS
http://www.justice.ie/en/JELR/Pages/PR16000375
Report on treatment of garda
whistleblowers referred to
Attorney General
The report is investigating two protected disclosures made in
October
NEWS
Justice Minister Francis Fitzgerald with the Attorney General Maire

Whelan at Dublin Castle | Image: RollingNews.ie
The Department of Justice say a report investigating the

treatment of whistleblowers in the garda is to be handed
over to the Attorney General.
The report, from Mr Justice Iarfhlaith ONeill, has been given
to the Justice Minister Frances Fitzgerald.
Mr Justice O'Neill was asked to review allegations of
wrongdoing contained in two protected disclosures made in
early October.
The report sets out in detail the allegations contained in the
disclosures.
The report was to investigate allegations of wrongdoing
contained in the disclosures, to make any inquiries considered
appropriate and report back to Ms Fitzgerald.
But the department says: "In view of the nature of those
allegations and the fact that third parties are mentioned the
report is being referred to the Attorney General for her advice
on how to proceed - including the question of what material
might properly be put in the public domain, having regard to
the rights of all concerned."
The statement adds that Tnaiste and Justice Minister
Frances Fitzgerald is "very grateful" to Mr Justice O'Neill.
When the advice from Attorney General Mire Whelan is
received, the Tnaiste will bring forward proposals to
Government.
http://www.newstalk.com/Report-on-treatment-of-garda-whistleblowers-
referred-to-Attorney-General
Statement on the Report of Mr Justice
Iarfhlaith ONeill of his Review
relating to two Protected Disclosures
The Tnaiste and Minister for Justice and Equality, Frances Fitzgerald
TD, today received the Report of Mr Justice Iarfhlaith ONeill of his
Review relating to two protected disclosures which were made to her
by members of An Garda Sochna in early October.
Mr Justice ONeill was asked to review the allegations of wrongdoing
contained in the disclosures, to make any inquiries with persons or
bodies that he considered appropriate in relation to the review and to
report to the Tnaiste on the conclusion of the review, including any
recommendations which he may consider necessary in relation to any
further action which may be appropriate and warranted to address the
allegations.
The Report sets out in detail the allegations contained in the protected
disclosures. In view of the nature of those allegations and the fact that
third parties are mentioned the Report is being referred to the
Attorney General for her advice on how to proceed, including the
question of what material might properly be put in the public domain,
having regard to the rights of all concerned.
The Tnaiste is very grateful to Mr Justice O'Neill for carrying out this
work so expeditiously and presenting his Report, which will form the
basis for ensuring that the protected disclosures are properly
addressed. When the advice from the Attorney General is received, the
Tnaiste will bring forward proposals to Government to this end. The
Tnaiste is not in a position to make any further comment at this time.
Retired judge to
examine garda
whistleblower claims
Updated / Saturday, 8 Oct 2016
Frances Fitzgerald said she was determined that An Garda

Sochna operates to the very highest standards
The Minister for Justice Frances Fitzgerald has asked
a retired High Court judge to examine allegations of
wrongdoing contained in protected disclosures made
by garda whistleblowers.
Mr Justice Iarfhlaith ONeill is to report back to the
Minister within six weeks.
He has been asked to review allegations of
wrongdoing contained in the disclosures and to make
any inquiries with persons or bodies that he
considers appropriate in relation to the review.
He has also been asked to report within six weeks on
the conclusion of the review including any
recommendations which he may consider necessary
in relation to any further action which may be
appropriate and warranted to address the allegations.
Ms Fitzgerald said she was determined that An
Garda Sochna operates to the very highest
standards and this involves ensuring that allegations
of wrongdoing are dealt with properly and the
persons making those allegations are fully protected
and respected.
Commissioner Nirn OSullivan has welcomed the
decision by Ms Fitzgerald to review the recent
protected disclosures.
In a statement released this evening, An Garda
Sochna said it "will co-operate fully with this review
process".
"An Garda Sochna re-iterates its support for
employees who make protected disclosures and that
anyone who brings forward any concerns or issues
will be taken seriously and the matters examined,"
added the statement.
http://www.rte.ie/news/2016/1007/822330-garda-whistleblower-
allegations/
Minister for Finance announces the

appointment of Judge Iarfhlaith ONeill to
monitor conflicts of interest in IBRC
transaction review
27.04.15
Minister for Finance announces the appointment of Judge
Iarfhlaith ONeill to monitor conflicts of interest in IBRC
transaction review
The Minister for Finance Michael Noonan T.D. has today

announced the Terms of Reference for a review of certain
transactions carried out by the Irish Bank Resolution
Corporation (IBRC), prior to the appointment of the Special
Liquidators. Making the announcement, Minister Noonan
stated:
In light of the recent concerns raised before the Houses of the

Oireachtas and elsewhere regarding the Siteserv transaction
and the public discourse this has caused surrounding the
handling of other transactions undertaken by IBRC, I have
today directed the Special Liquidators of IBRC to review all
transactions which occurred between 21 January 2009 the date
of the nationalisation of IBRC, and February 7th 2013, the date
of the appointment of the Special Liquidators to IBRC.
The review will cover transactions that resulted in a capital loss

to IBRC of at least 10 Million during that period; or are
specifically identified by the Special Liquidator as likely to give
rise to potential public concern, in respect of the ultimate
returns to the taxpayer.
The purpose of this review is to determine whether there is

evidence of material deficiencies in IBRCs performance in
respect of such transactions and related activities and
management decisions, and whether it can be concluded that
the transactions were not commercially sound. I have asked
that the Special Liquidators carry out this review and provide a
report of their findings before 31st August 2015. Following this
I will make this report available to relevant committees of the
Oireachtas.
The Special Liquidators are best placed to undertake such a

review thoroughly and expeditiously given their access to all
books and records of IBRC, the resources at their disposal to
conduct such a review and the power set out under the IBRC
Act which allows me to make this direction in the public
interest. To address potential conflicts of interest, with the
agreement of the Special Liquidators I am directing the
appointment of retired High Court Judge Mr Justice Iarfhlaith
ONeill to monitor any actual or perceived conflicts of interests.
I am confident that this will ensure that the review process is
robust.
I want to stress that the commission of this review and report is

to serve the public interest in light of recent speculation and is
not being undertaken as the result of any evidence that such
deficiencies existed or that transactions were not commercially
sound.
http://finance.gov.ie/sites/default/files/IBRC%20Ministerial
%20direction%20270415.pdf
Ends
27 April 2015
http://finance.gov.ie/news-centre/press-releases/minister-finance-
announces-appointment-judge-iarfhlaith-oneill-monitor
Garda chief claims she

was 'excluded' by senior
colleagues
O'Sullivan tells smear campaign
inquiry she faced workplace inequality
Philip Ryan and Maeve Sheehan
PUBLISHED
15/01/2017 | 02:30
8 SHARE

1
Garda: Noirin O'Sullivan
Garda Commissioner Noirin O'Sullivan has
told the investigation into claims of a smear
campaign against whistleblower Maurice
McCabe that she was also sidelined by
senior colleagues.
In her 10-page submission to Mr Justice Iarfhlaith
O'Neill's inquiry, the Commissioner said she experienced
"inequality and exclusion" while working her way up the
ranks of An Garda Siochana.
Mr Justice O'Neill was tasked with investigating claims
that senior gardai were involved in an orchestrated
campaign to discredit Sgt McCabe after he highlighted
garda malpractice.
Ms O'Sullivan told the retired judge she was also forced to
raise concerns about not being informed about
management issues when she was a deputy commissioner.
According to sources familiar with the submission, the
Commissioner said she was kept out of the loop on the
first internal garda investigation into quashed penalty
points carried out by Assistant Commissioner John
O'Mahony.
Ms O'Sullivan also told Mr Justice O'Neill she urged
former Garda Commissioner Martin Callinan to withdraw
his controversial "disgusting" comment about
whistleblowers Maurice McCabe and John Wilson at a
Public Accounts Committee (PAC) hearing.
Details of Ms O'Sullivan's submission have been
confirmed by a number of sources familiar with the
document.
She also said she had no knowledge of Mr Callinan's
meeting with former PAC chairman John McGuinness in a
hotel car park where the former commissioner is alleged to
have made accusations against Sgt McCabe.
Mr Calllinan's meeting with Mr McGuinness is likely to
feature prominently in any future inquiry into the
allegations contained in protected disclosures made to
Tanaiste and Justice Minister Frances Fitzgerald last year.
It is understood Mr Callinan told the O'Neill inquiry the
claims made by two whistleblowers were "hearsay".
Mr Callinan, who was approached by Mr Justice O'Neill in
November, dismissed the claims as vague and said they
had been the subject of distorted media reporting,
according to informed sources.
He is also understood to have asked for an assurance that
his constitutional rights would be protected and any fees
incurred responding to the allegations would be covered
by the State.
Mr Callinan and Ms O'Sullivan deny all allegation made
against them by the whistleblowers.
Mr Justice O'Neill presented his report to Ms Fitzgerald on
December 7 but the Justice Minister has yet to bring the
report before Cabinet.
It is understood there are legal concerns over publishing
the report due to the seriousness of the allegations made
against all parties involved. The Attorney General's office
has been examining the report for more than a month.
It was expected the report would go before Cabinet soon
after the Dail recess but it is not scheduled for this week's
meeting. A Department of Justice spokesman said: "The
Tanaiste is engaged in the process of preparing proposals
arising from the report with a view to their submission as
soon as possible."
http://www.independent.ie/irish-news/politics/garda-chief-claims-she-was-
excluded-by-senior-colleagues-35368421.html
Report to Mr Michael McDowell, T.D., Tnaiste and Minister of
Justice, ... Mr Derek ONeill Department of Transport
http://www.centralbank.ie/regulation/industry-sectors/insurance-
companies/Documents/GenderInsRpt.pdf
Garda Commissioner Noirin

O'Sullivan says she knew
nothing about alleged smear
campaign against whistleblower
23 January, 2017
THE Garda Commissioner has insisted she
knew nothing about an alleged smear
campaign targeting a whistleblower in the
force.
As new ethics rules for officers were
published, Noirin O'Sullivan said she would
not take part in attempts to blacken an
officer's name.
Judge Iarfhlaith O'Neill sent a report on the
scandal to the tanaiste and justice minister
Frances Fitzgerald in December.
The smear campaign allegations were made
by the former head of the Garda press office,
Superintendent Dave Taylor, who is currently
suspended from the force over the leaking of
the names of Roma children who were taken
into social care in 2013.
He claimed that senior garda targeted the
whistleblower in a widespread character
assassination by passing on false and
damaging allegations, including to journalists
and politicians.
"I'm not aware nor was I aware of any
campaign to discredit any individual," Ms
O'Sullivan said.
The Commissioner also told RT's Today with
Sean O'Rourke: "I'm on record as saying from
the outset when these issues were raised
that I've absolutely no knowledge nor was I
privy to any campaign to undermine any
individual in An Garda Sochna.
"Certainly I'd no knowledge of any campaign
to undermine any individual and nor would I
take part in any campaign to undermine any
individual."
Several garda whistleblowers have been
identified in recent years, some of whom
have spoken out about their treatment after
raising concerns about corruption or bad
policing.
Among them are Sergeant Maurice McCabe,
who was vindicated over the vast majority of
his concerns about policing standards in
parts of the Cavan-Monaghan division and
abuse of the penalty point system.
Others are Nick Keogh and Keith Harrison,
both of whom have been named in the Dil
as being victims of harassment after raising
concerns about policing.
Commissioner O'Sullivan also defended her
predecessor Martin Callinan's criticism of
whistleblowers. He described the actions of
Sgt McCabe and a colleague over abuse of
the penalty point system as "disgusting".
Commissioner O'Sullivan said: "The comment
that he passed was taken out of context and
it certainly in my opinion it was not said in
the way that it was interpreted."
The issue emerged again as the Policing
Authority set out new ethics rules for officers
including a demand not to ignore
unprofessional, illegal or corrupt behaviour in
the force.
The revised code for garda focuses on nine
areas: duty to uphold the law; honesty and
integrity; respect and equality; authority and
responsibility; police powers; information and
privacy; transparency and communication;
speaking up and reporting wrongdoing; and
leadership.
Garda will be asked to make a pledge to
abide by the code.
It includes more than 50 commitments on
how they should go about their work
including not using social media to bully or
abuse, showing courtesy, only giving lawful
orders, keeping good records and not
improperly releasing information to the
media or people outside the force.
The Garda Representative Association (Gra)
said the code was flawed.
Gra general secretary Pat Ennis said it has all
the hallmarks of "authoritarian orders
imposed on to a demoralised workforce".
"Where there should be inspiration, there is
regulation. Where there should be aspiration,
there is sanction. Where there should be
ideals, there are rules," he said.
The Gra attacked the Policing Authority
claiming it has "seemingly launched itself as
another oversight body to scrutinise, monitor
and regulate... alongside the Garda
Ombudsman, the Department of Justice,
management, the judiciary and the media".
It said some of the code was "imprecisely
worded, undefined or ambiguous" and some
was at odds with officers' legal obligations.
Policing Authority chairman Josephine Feehily
described the reform as a milestone.
"It is an important development for the wider
community to know that there is a set of
principles and standards to guide the
behaviour of all those who work in the Garda
organisation," she said.
http://www.irishnews.com/news/republicofirelandnews/2017/01/24/news/g
arda-commissioner-noirin-o-sullivan-says-she-knew-nothing-about-alleged-
smear-campaign-against-whistleblower-901895/
Judges report reveals allegations that

Garda used phone records to spy on
her ex
/ 20 FEB 2011 DRI DATA RETENTION, MASS SURVEILLANCE, PRIVACY 1
Mark Tighe has an important story in todays Sunday Times about
apparent abuse by a garda of the data retention system. Unfortunately
its behind a paywall, but Ive taken the liberty of scanning the hardcopy
and placing it here as it raises a number of fundamental questions about
the safeguards which are in place against abuse and the likelihood of
further abuse now that the 2011 Act has extended data retention to
internet use also.
Garda accused of bugging her ex-boyfriend
Mark Tighe
A FEMALE garda suspected of obtaining the phone
records of her ex-boyfriend has been reported as the
first person who may have breached phone-tapping
rules introduced in legislation in 1993.
The case is highlighted in a report prepared by
Iarfhlaith ONeill, a High Court judge designated to
monitor the states phone-tapping activities.
Security sources say that the case involves a garda who
was stationed in the forces crime and security division,
which carries out spying and intelligence services. The
garda is accused of obtaining phone records of her
former boyfriend to track his movements and activities
after they separated. The man became suspicious and
complained to gardai because his ex-girlfriend
allegedly knew s details of calls he had made.
In a report to the Oireachtas earlier this month, ONeill
said that he investigated a number of alleged breaches
of Section 64(2) of the Criminal Justice (Terrorist
Offences) Act 2005. Under Section 64(2) no garda
below the rank of chief superintendent can request an
individuals phone records from a service provider to
aid investigations of criminal offences.
ONeill said: These breaches are alleged to have been
committed by a member of An Garda Siochana.
As a result of my investigations, I was concerned that
these breaches may have occurred. These alleged
breaches are now the subject matter of a criminal
investigation and also disciplinary proceedings under
the garda disciplinary code.
ONeill said that the extent of the alleged non-
compliance with the 2005 Act had been rigorously
investigated and fully understood. He said all
appropriate steps had been taken to ensure future
compliance with the act.
The rest of ONeills report states that on November 18
last year he attended garda headquarters, then army
headquarters in McKee Barracks and later the
Department of Justice offices on St Stephens Green.
In each location he reviewed documents relating to
phone tapping and phone records and spoke to people
involved in the operation of the act. He said that all his
queries were answered to his satisfaction.
As a result of the forgoing, I am satisfied that there is,
as of the date of this report (November 26, 2010) full
compliance with the provisions of the above acts, he
said.
A spokesman for the Data Protection Commissioner
(DPC) said that gardai had informed it of the apparent
data breach last June.
Gardai refused to comment on the case.
Gardai and the Department of Justice have refused to
release details of how many requests for phone records
or how many phone taps are authorised each year.
They say that such information is sensitive.
The Labour party has called for a review of the powers
given to gardai to access personal records and said
they should only be used in exceptional circumstances.
In 2007 the DPC said that, based on audits of phone
companies, it estimated gardai were making 10,000
requests for citizens phone records each year. Security
sources say the figure is now likely to be closer to
15,000 as gardai regularly seek phone records to aid
investigations.
Despite its resistance to publishing details about
requests to access the phone records of private citizens,
Ireland may be forced to do so by a 2009 European
Council directive.
The directive requires member countries to legislate to
provide their data protection commissioners with the
number of requests made for phone records and the
legal justification invoked.
Some quick thoughts:
The references to bugging and phone-tapping are misleading what is
alleged here (as I understand it) is that the garda accessed the phone
records of her ex rather than actually listened to the contents of
telephone calls.
There are, unhelpfully, no details given in the report as to how the abuse
came to light or what changes will be made in future to prevent further
abuses. (Continuing a fine tradition of opacity.) But a number of
questions spring to mind.
When did the alleged abuse take place, and how long did it take before
it was uncovered? Was the abuse discovered purely by chance? Is there
an adequate internal audit trail of requests which are made? If so, who
is responsible for reviewing that trail? Does the designated judge access
a sample of requests from the preceding year to ensure that the
surveillance was appropriate? If the designated judge will not provide
this level of detail in the annual report then the Minister for Justice must
do so to the Oireachtas if the public are to have confidence in this
system. While the particular details of this case cannot be discussed
until any criminal trial is concluded, it is remarkable that there is
absolutely no discussion of the systems-level controls which are (or are
not) in place.
Finally, when data breach notification is finally introduced as a legal
obligation (whether under the revised e-Privacy Directive or the Data
Protection Commissioners Code of Practice) will it include a right to be
notified of this type of breach also? Note that the Directive appears to
impose a notification obligation on telcos only.
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?
uri=OJ:L:2009:337:0011:0036:En:PDF
For more background on the allegations behind this story, see this Mail
on Sunday piece from last year.
[Cross-posted from tjmcintyre.com The Fixed Charge Processing
System - A 21s Century Strategy
http://www.gsinsp.ie/en/GSINSP/The%20Fixed%20Charge%20Processing
%20System%20-%20A%2021s%20Century%20Strategy.pdf/Files/The
%20Fixed%20Charge%20Processing%20System%20-%20A%2021s
%20Century%20Strategy.pdf
The Fixed Charge Processing System - A 21s Century Strategy
Report of the Garda Sochna

Inspectorate Front-Line Supervison, April
2012
http://www.gsinsp.ie/en/GSINSP/Front-
Line%20Supervison,%20April
%202012.pdf/Files/Front-Line
%20Supervison,%20April%202012.pdf
Garda Commissioner Noirin OSullivan and
Minister for Justice Frances Fitzgerald; Enda
Kenny meeting Sgt Maurice McCabe during the
local and European elections in May 2014
You may recall the recent protected disclosures
made by Garda whistleblowers to the Minister
for Justice Frances Fitzgerald.
They were reportedly sent by Sgt Maurice
McCabe and Supt Dave Taylor, former head of
the Garda Press Office with Supt Taylor stating
he was instrumental in the campaign to
discredit Sgt McCabe.
Hes also claimed both former Garda
Commissioner Martin Callinan and the current
Garda Commissioner Noirin OSullivan knew
about the campaign.
You may also recall how Ms Fitzgerald appointed
Mr Justice Iarfhlaith ONeill to review these
disclosures.
Further to this
Last night, the Ms Fitzgerald released a
statement stating she had received the report
from Justice ONeill.
She said:
The Tnaiste and Minister for Justice and Equality,
Frances Fitzgerald TD, today received the Report of
Mr Justice Iarfhlaith ONeill of his Review relating to
two protected disclosures which were made to her by
members of An Garda Sochna in early October.
Mr Justice ONeill was asked to review the allegations
of wrongdoing contained in the disclosures, to make
any inquiries with persons or bodies that he
considered appropriate in relation to the review and
to report to the Tnaiste on the conclusion of the
review, including any recommendations which he
may consider necessary in relation to any further
action which may be appropriate and warranted to
address the allegations.
The Report sets out in detail the allegations contained
in the protected disclosures. I
n view of the nature of those allegations and the fact
that third parties are mentioned the Report is being
referred to the Attorney General for her advice on
how to proceed, including the question of what
material might properly be put in the public
domain, having regard to the rights of all
concerned.
The Tnaiste is very grateful to Mr Justice ONeill for
carrying out this work so expeditiously and
presenting his Report, which will form the basis for
ensuring that the protected disclosures are properly
addressed.
When the advice from the Attorney General is
received, the Tnaiste will bring forward
proposals to Government to this end. The
Tnaiste is not in a position to make any further
comment at this time.
Ive spoken to several people who were in

attendance throughout, if not the entirety,
most of the days that the Commission took
evidence and they say that it was if Sgt
McCabe was on trial. He said as much when he
was under cross examination on several occasions
and a serving member of the Gardai that Ive
spoken to who was present at several days of
proceedings has told me:
They tried to blame Maurice for everything
and it was bullshit.
The they in this case is the Garda HQ, and
what that member of the force was referring
to was either individual Garda or An Garda
Siochana corporately claiming that Sgt
McCabe was actually the person at fault in
each of the cases that he blew the malpractice
whistle on. When of course the judge found out that
he wasnt blamed at all.
Youre not going to find much reference to this in the
completed report. Much of the process, the
business of the commission revolved around
Maurice McCabe having to prove that he
wasnt guilty of the very malpractices that he
had highlighted in the first place by bringing them
to the attention of the Confidential Recipient [Oliver
Connolly] and to [Fianna Fil leader] Michel Martin.
In one case, to give example, he was accused by
gardai of having given an instruction that
was central to one of the cases of malpractice
but, after scrutinising his diary from many,
many years earlier, McCabe was actually able
to offer the watertight alibi that he wasnt on
duty that particular day that he was accused
of having done something because he was
actually present at the birth of one of his
children.
Commissioner Nirn OSullivan and many of the
individual senior officers be they retired or serving
were all represented by the Chief State Solicitors
Office and acted for, at the commission, by Colm
Smyth, senior counsel. So the legal strategy was,
in most cases, centralised. The line of attack
on McCabe was organised.
Noirin O'Sullivan denies

nepotism claims
Garda Commissioner appeared before Dail's
justice committee to answer questions
about the force
Garda chief Noirin O'Sullivan has denied claims of

nepotism under her leadership, saying: "It isn't the case I
promoted my bridesmaid. I didn't have a bridesmaid."
Ms O'Sullivan appeared today before a parliamentary
committee and was grilled about the latest whistleblower
controversy to hit the force.
And Independent TD Mick Wallace hit her with claims that
she had "promoted a lot of people who complaints have
been made about - your husband, your bridesmaid".
He added: "You have surrounded yourself with your
supporters rather than concentrating on quality."
Ms O'Sullivan replied to the Wexford deputy: "It isn't the
case I promoted my bridesmaid. I didn't have a
bridesmaid."
She said there were "factual inaccuracies" in such
discussions that were in the public realm and added that
she "didn't get this job easy, nor would I have expected to
get their job easy".
Justice Minister Frances Fitzgerald with the Commissioner

(Photo: Colin Keegan Collins, Dublin)
Asked about separate claims about the promotion of
officers against whom whistleblowers had made
complaints, she said allegations remain allegations until
they are proven.
In any case, she does not personally make appointments
and the promotions process is fair, independent and
impartial, she added.
She said she was "not aware" of any officers alleging
Garda wrongdoing being put under surveillance or having
their phones tapped.
Ms O'Sullivan suggested an independent body should
be set up to deal with whistleblowers within her rank
and file.
A former High Court judge has already been asked by
the Government to investigate an alleged smear
campaign against a Garda whistleblower.
Justice Iarfhlaith O'Neill has been charged with probing
claims that senior gardai targeted an officer in a
widespread character assassination.
He is to report back on his findings within six weeks.
It is understood that two senior gardai have made
statements to justice chiefs that false and damaging
allegations were made against the whistleblower and
that one has said they were following orders.
Pressed about the claims, Ms O'Sullivan repeatedly
insisted she could not talk about any individual case.
But she said she had no part in any alleged conspiracy.
"I'm personally not privy to, did not approve or
condone any campaign against any individual," she told
the Joint Committee on Justice and Equality.
Ms O'Sullivan said she was trying to recruit an
independent expert to review the force's whistleblower
processes, but suggested it may be better to take the
system outside.
We never said everything is perfect - far from it," she
said.
"It is a relatively new process for everybody. Everybody
is learning. That is why we are engaged in a review of
policy, practice and procedures."
She added: "In our experience, it may be appropriate to
have some independent entity that can independently
and impartially receive all these complaints."
Ms O'Sullivan said the number of officers who have
made complaints under the existing internal system
was in single figures.
She refused to comment on whether they were on
extended sick leave over workplace stress.
"I am not in the business as Garda Commissioner or
Noirin O'Sullivan of messing with anyone's lives or
families," she said.
My business is leading an organisation of men and
women there to support the community."
The Garda commissioner admitted it is taking "gritty
determination" to push the force through a huge
cultural change, which was ongoing and does not
happen overnight.
She said she would fully co-operate with the judge-led
review into the alleged smear campaign, including
handing over any electronic evidence or other files that
may be requested.
Gardai used secret

taxpayer fund to buy
meals and gifts
Philip Ryan Twitter

EMAIL
PUBLISHED
09/10/2016
1
Garda Commissioner Nirn OSullivan. Photo: Gerry Mooney
A damning internal Garda report has found
serious mismanagement of public funds by
the Garda Training College in Templemore,
the Sunday Independent can exclusively
reveal.
The report, compiled by Garda auditors, discovered a
secret 125,000 fund created by staff using taxpayers'
money which was used to buy expensive meals in local
restaurants and retirement gifts for senior officers.
The revelation will add further pressure on Garda
Commissioner Noirin O'Sullivan who is currently the focus
of allegations she was involved in a smear campaign
against garda whistleblower Maurice McCabe.
It has also emerged this weekend that Sgt McCabe has
been on stress leave from the force since April.
Tanaiste and Justice Minister Frances Fitzgerald, who last
week established a judge-led inquiry into the smear
campaign allegations, is also understood to be aware of the
internal audit of the Garda College.
The audit discovered rental income from the leasing of
farm land associated with the training facility was held in a
bank account linked to the college's restaurant.
However, according to the report, the leasing of these
fields is not the responsibility of the college, but rather it
should have been handled by the Office of Public Works
(OPW).
The report said the rental income collected from the
Dromad Farm land between 2009 and 2013 should be
transferred to the OPW as it is the legal owner of the land.
There was a moratorium on new recruits for most of this
period but the college was still used for upskilling
members and working on operational training routines.
The money in the Garda College account was used to buy a
433 present for a superintendent who was transferring to
another division, and 340 was spent on the retirement of
an assistant commissioner.
A further 740 was spent on a meal in the Fiacri Country
House Restaurant in Tipperary where the 50 set dinner
menu includes deep fried panko-coated squid for starters,
followed by sirloin steak with a mushroom and cognac
sauce.
Another 412 was spent in Murphy's Restaurant in
Templemore, while 440 was marked for entertainment
costs. The audit also raises serious concerns about dozens
of bank accounts associated with the training college and
called for them to be immediately closed and all
expenditure should be centralised.
It recommends that gardai who are directors of companies
linked to the college should be reminded of their legal
obligations and make appropriate declarations with the
Standard in Public Office Commission (SIPO).
A Garda spokesman confirmed Commissioner O'Sullivan
has a draft copy of the report.
"Following a recent Garda internal audit, a number of
legacy issues associated with the provision of ancillary
services in the Garda College, Templemore, have been
identified which are not in compliance with current public
standard corporate governance procedures," he said.
The spokesman insisted the audit has not been finalised.
"However, as is normal practice, the matter was brought to
the attention of the Comptroller and Auditor General
(C&AG) and a statement in relation to this matter was
included in the 2015 appropriation account of An Garda
Siochana, recently published by the C&AG," he added.
He said gardai plan to comply with the recommendations
made in the report to ensure it is in compliance with
public financial procedures.
Commissioner O'Sullivan was a superintendent in the
Garda College for three years between 2000 and 2003.
The audit did not cover this time period. Last night, Public
Accounts Committee chairman Sean Fleming confirmed
he will be seeking answers from the Commissioner at the
next hearing she attends.
The Commissioner is also likely to be interviewed by
former Justice Iarfhlaith O'Neill who has been tasked by
Minister Fitzgerald with investigating claims of a plot to
discredit Sgt McCabe. The allegations were made by the
former head of the Garda press office Superintendent
David Taylor.
Supt Taylor claims Commissioner O'Sullivan and former
Garda Commissioner Martin Callinan were aware of the
campaign against Sgt McCabe. Ms O'Sullivan denies any
involvement.
Isn't ARIZUN the new vulture fund in Ireland???

What a coincidence...
Just saying.....Article from 2014.
Now wouldn't you think the Attorney General would have
an interest in this?!!!
"MORTGAGE campaigners NEW BEGINNING SOLD a
database containing the financial details of more than
1,000 struggling homeowners to a 2bn investment fund
that aims to buy up 15,000 distressed homes here.
The data includes the value of the home and mortgage,
the size of the household and after-tax income for AIB,
Ulster Bank and Bank of Ireland customers. Confidential
documents reveal that the Malta-based fund ARIZUN used
New Beginnings database to calculate the profitability of
the scheme before approaching Irish banks to negotiate
the purchase of thousands of distressed loans.
The database should have been redacted to comply with
data protection laws so that names and addresses would
not be passed on.
Instead, on August 25 an unredacted database was
emailed from New Beginning to ARIZUN.
In a statement last night, the Data Protection
Commissioner confirmed that an investigation into a data
security breach under the Personal Data Security Breach
Code of Practice is now under way".
Meanwhile, Sergeant McCabe is finally getting the justice

he sought. McCabe first came to prominence when he
reported an assault case in his jurisdiction in Cavan had
not been pursued properly. He especially exposed
corruption in the penalty point system where well-known
figures who drove drunk, got into accidents, were caught
speeding had their penalty points scrubbed by top police
brass.""
Irish cop whistleblower may bring down govt as no
confidence vote called
Sgt Maurice McCabe uncovered illegal practices among Garda
colleagues, resulting in a scandalous character assassination
campaign against him.
IRISHCENTRAL.COM
The body count is growing ... how much longer can
Michel afford to keep his friend, the crazed Mayo
megalomaniac in power?
Did dark forces try to silence Garda McCabe?
Could happen, I suppose. You're copying and pasting material within
a child abuse file - we're not sure why that was happening, but let's
see where this goes.
Currently the public are toothless in the fight against
corruption.. Bite Back
25 January 2017
Fitzgerald welcomes Road

Upgrades at Grange Castle
Business Park
Local TD and Tnaiste, Frances Fitzgerald has

welcomed funding of over 3.1million
towards road upgrades around Grange Castle
Business Park by the Department of
Transport.
Speaking this afternoon, Fitzgerald said: I am
pleased with the announcement today by my
colleague Minister for Transport Shane Ross,
of the 2017 grant allocations for local roads.
Over 3.1million has been allocated to South
Dublin County Council for roads in our local
area including the Nangor and Adamstown
Road Improvement Scheme.
This grant which is supported by the IDA,
will support industry and facilitate increased
employment in the area of Grange Castle
Business Park.
Grange Castle Business Park is continuing to

expand and attract global industries. Leading
global firms such as Pfizer, Microsoft and
Google have already developed facilities in the
area. The development of the roads network
surrounding the business park proves positive
for the Lucan, Clondalkin, Newcastle and the
surrounding areas.
As Minister for Justice and Equality, I am

deeply conscious of the serious issue of road
safety on our roads. The quality of our road
infrastructure network is paramount to
ensuring safety of residents in local
communities across the country.
Fitzgerald concluded, The priority for

Government in 2017 continues to be the
maintenance of our existing road network
which will enhance safety and support job
growth in local areas.
ENDS
23 January 2017
Remember to make sure your

passport is in order before
you travel
Local Fine Gael TD and Tnaiste Frances

Fitzgerald, has urged locals to make sure their
travel documents are in order before they
travel.
Before you book your trip it is important to

look at your passport and check its expiry date.
If youre booking for your children, remember
to check their passports too.
When applying, allow at least six weeks for

your passport application. Delays are often
encountered when forms are incorrectly
completed and the six weeks allows time for
any issues to be dealt with.
Turnaround times for passports can vary
depending on demand volumes but the
Department of Foreign Affairs recommends
allowing 3 weeks for renewals and 4 weeks for
first time applicants.
For genuine emergencies there is a Rapid

Renewal Service. Certain specific
documentation is required for this and
candidates have to go to the Passport Office on
Lower Mount Street in Dublin. There are,
however, limitations to this service, so its best
to check your passport now and get your
application in on time.
Its also important to familiarise yourself with

the visa requirements of the country you are
visiting.
Visa requirements differ from country to

country outside the European Union, so its
best to check with the countrys embassy or
consulate prior to making your travel
arrangements.
Remember, if something goes wrong when

youre travelling abroad and you need help,
you can contact your local Irish Embassy or
Consulate.
In general, in the provision of consular care,

the Department of Foreign Affairs can:
Issue emergency passports/travel

documentation (if certain criteria are met).
Advise and support you in the case of an
accident, serious illness or death.
Help liaise with local police or other
authorities, particularly if there is a language
barrier.
Contact your family or friends on your
behalf.
Visit you in prison if you have been detained.
Advance cash to you in an emergency
situation provided that the amount you need
has been lodged in advance with us at our
offices in Dublin or Cork or at a Garda Station.
Provide a list of English-speaking lawyers,
doctors or interpreters in a country.
Provide a list of local undertakers in the
event of a death.
The Department of Foreign Affairs and Trade

provides regularly updated travel advice for
every country in the world and I strongly
encourage you to visit it before making travel
plans. This is all available on the website -
https://www.dfa.ie/travel/travel-advice - and
through a special free Smartphone App called
TravelWise" she concluded.
ENDS
19 January 2017
Fitzgerald welcomes new

model for allocating resource
teachers to schools
Local TD, Tnaiste Frances Fitzgerald, has
welcomed the announcement today that a new
model for allocating Special Education
Teaching Resources to mainstream primary
and secondary schools will be introduced from
September 2017.
I receive a lot of queries from parents who

want to know what resources are available to
support their children with Special Educational
Needs in our mainstream schools. A new
model has been announced today that will see
an additional 900 teaching posts provided to
support the introduction of a new Special
Education Teaching Resources allocation
model, which will remove barriers in children
accessing resources.
This new model will allow schools allocate

resources to pupils, taking into account their
individual learning needs, as opposed to
requiring a particular diagnosis of disability. It
will also remove the barrier of having to wait
for a specific diagnosis to access resources and
instead allow schools to cater to that childs
need immediately, allowing early intervention
and supporting inclusion in our schools,
confirmed Fitzgerald.
The provision of up to 900 additional teaching

posts will ensure that no school receives an
allocation of resources less than those received
in the current school year. Furthermore, up to
1,000 schools will receive additional
allocations, where the new model indicates
additional need.
Re-investing the benefits of the economic

recovery into services in order to build a fair
and compassionate society is my focus in
Government. Education is the best means of
delivering a fairer society, breaking down
cycles of disadvantage and ensuring that all
our people, in particular those with special
educational needs, are able to participate in
that progress and fulfil their potential.
Special Education Needs provision accounts

for one fifth (1.5billion) of the overall
education budget. This investment
demonstrates the commitment to improving
services and supporting children accessing
education. Government has agreed to provide
additional resources to implement this model
including 18 million in funding and 900 extra
resource teachers.
The model which has been carefully worked

up is aimed at ensuring that we can deliver
better outcomes for children with special
educational needs, and eliminate unfairness
and other problems which exist in the current
model.
why does r.t.e now show pics of mrs McCabe ? is this a
further stepping up of Intimidation? she is not a public
figure, they have suffered enough -- back off rte----(Martin
challenges Fitzgerald over Tusla information) show the
guilty not the victims http://www.francesfitzgerald.ie/
This model has already been postiviely
received in a number of pilot schools
throughout the country. I hope that parents in
Lucan, Clondalkin, Newcastle, Rathcoole,
Saggart, Palmerstown and Brittas will also
reap the benefits of the new model from
September onwards, concluded Fitzgerald.
That's the thing about pesky
crime reporters; we know that
a Garda inspector isn't in
charge of a division. Someone
might tell Justine.

Crime reporters object to
negative image of their trade
Some journalists fear whistleblower inquiry will change
relationship with garda forever
Fri, Feb 10, 2017, 01:00
Peter Murtagh
Garda Commissioner Nirn OSullivan. Supreme Court judge Peter Charleton

will examine whether OSullivan was a source for a May 9th, 2016, RT
broadcast. Photograph: Eric Luke
The Leveson Inquiry in the United Kingdom, which
investigated the relations between police and the press,
convulsed journalism and changed the relations between
the two forever.
Today, some crime journalists in Ireland wonder if the
inquiry to be headed by Supreme Court judge, Peter
Charleton into allegations of a Garda campaign to smear
whistleblower Maurice McCabe will do the same.
Is this our Leveson? asked one crime reporter. The
Government on Thursday agreed to expand the inquirys
terms of reference to include any contacts between
senior garda and ministers, past or present.
Besides examining whether there was a campaign to
encourage negative media reporting of McCabe, the
judge will also examine whether Garda Commissioner
Nirn OSullivan was a source for a May 9th, 2016, RT
broadcast.
In it, the stations crime correspondent Paul Reynolds
gave a leaked account of a report by Mr Justice Kevin
OHiggins in which Sgt McCabe was branded a liar and
irresponsible.
A popular perception of crime reporters is that they are
too close to the Garda Sochna so close that, in reality,
they are little more than garda mouthpieces.
Thats bollocks, was the blunt and uncompromising
retort from one.
Complete nonsense, agreed another.
No support
Practitioners contacted Thursday were prepared to talk
mostly only off the record. However, Michael OToole of
the Star was robust in defence of his craft.
Somehow, he said, crime reporters are not allowed to
get stories. Every other type of journalist gets stories and
are applauded. Crime reporters have no support from
other sections of the media. They think we are just fed
stuff by the Garda press office. Thats not true; its an
urban myth.
: Analysis: Garda Commissioner winched to safety for
now
: McCabe row: FG vice-chair calls on Garda chief to
stand aside
: McCabe row: FF concerns on what Tnaiste knew of
Tusla role
OToole says almost all of his reports are based on old-
fashioned reporting gum shoe journalism, as he put
it by having contacts in every Garda division, among
criminals and by working sources daily. His own
reporting has led to threats on his life.
You dont get that when youre [a journalist] sipping
lattes in Leinster House.
Another crime reporter, also speaking off the record,
said, however, there were colleagues not OToole
whom it was widely known had relationships with the
garda that were too close and compromised their
independence.
I can identify who exactly is a mouthpiece for the
guards, said this reporter, and there are people who
have made a career out of it. Do political journalists just
repeat what some spin doctor tells them? Yes, some do
but the good ones dont. Same with us.
The reporter said that allegations, voiced by Labour
leader Brendan Howlin under the protection of Dil
privilege, that Sgt McCabe had committed sexual
crimes, had also been given to them.
I was told that by senior guards, said the reporter. I
checked it out and there was no evidence to back it up
and so I never wrote it.
In April 2014, one of the best-known crime reporters,
Paul Williams, reported in the Irish Independent a story
under the headline Girl wants new probe into alleged
sex assault by garda that related to Sgt McCabe but
without explicitly linking the allegation to him.
Williams could not be contacted Thursday but an
Independent source said the story did not originate with
senior Garda and, in any event, could not be confirmed.
Investigated fully
The allegations were very serious but when we
investigated fully, there was no way they could stand
up, said the source.
Another crime reporter, also talking off the record, said
the relationship between the Garda and journalists was
dysfunctional.
Trying to get even basic information from Garda
headquarters is like pulling teeth, they maintained. I
can ring a police force in England or the US and get a lot
more information on the record, as a complete stranger,
than I can from people in the Garda who know me and
whose job it is to deal with the media.
The people working on the press office are not the
problem. Theyre curtailed by those over them who are
obsessed with not letting anything out and about
launching investigations to find the source whenever
something that isnt sanctioned appears in the media.
This newspapers long-standing crime and security
editor, Conor Lally, says he knows that lots of his
reports have made Garda headquarters livid. He relied
mostly on his own contacts.
I rely on the goodwill of contacts to talk off the record,
said Lally. They want to take charge of the information
of their own operations because they dont feel they get
that from Garda HQ and so talk to us off the record.
Its funny that crime reporters seem to be at the centre
of this now even though politicians are on the record as
saying these rumours have been doing the rounds in
Leinster House for an age. Its not the crime reporters
spreading it around political circles, he says.
RT spokeswoman Laura Fitzgerald declined to talk in
detail about the focus on Paul Reynoldss May 2016
report but said the station will give the commission the
due respect it deserves.
Reynolds was a very, very experienced reporter with a
well-respected reputation, she added.
Michael OToole agreed.
I know Reynolds, he said. Ive been a friend of Pauls
for years and hes the hardest-working journalist I know.
I go to more [crime] scenes than most and when I go,
hes there before me and is there after I leave.
Big: Howlin now saying the
reporter didn't speak to Noirin
O'Sullivan, but was aware of
"direct knowledge" of contact.
H/t
please RT.. details of our upcoming 40th

Anniversary march for Mary and for Justice for all
who have been failed by the Irish state!
Who is 'Mr. Nobody' ,the Kinahan cartel
mastermind? We get the latest developments on
Dublin gangland feud, with now
Statement of Commissioner Noirin O'Sullivan on
fourth anniversary of murder of Detective Garda
Adrian Donohoe.
Happy 80th birthday to the great - an apostle for

peace in the midst of violence. Huge inspiration to
me.
Taoiseach and Tnaiste
leave Zappone isolated as
Cabinet left struggling
with Tusla crisis
Web of deceit at heart of Garda smear
probe
Niall O'Connor and Kevin Doyle
PUBLISHED
11/02/2017
2
In happier times: Justice Minister Frances Fitzgerald and Katherine
Zappone last year Photo: Niall Carson/PA Wire
The stability of the minority Government
has been thrown into serious doubt over its
disastrous handling of the Tusla scandal.
Fine Gael ministers have reacted with fury after it emerged

Children's Minister Katherine Zappone failed to inform
the Cabinet of the litany of blunders by the State's Child
and Family Agency.
Both Taoiseach Enda Kenny and Tnaiste Frances
Fitzgerald last night moved to distance themselves of any
blame - leaving the Independent minister isolated and
humiliated.
The revelation that Tusla circulated a file containing a
false allegation of child sexual abuse against garda
whistleblower Maurice McCabe has plunged the agency
into crisis.
A full investigation is now under way into how a
counsellor mistakenly "copy and pasted" allegations of
child molestation on to the McCabe file, which is believed
to have been seen by a number of garda.
2
2
Mr Justice Peter Charleton
But the ramifications of the scandal are now threatening
the future of the minority administration, with Fine Gael
ministers lining up yesterday to attack Ms Zappone.
Several ministers confirmed that Ms Zappone sat silently
as the terms of reference for the Commission of
Investigation into an alleged smear campaign against Sgt
McCabe were agreed at last Tuesday's Cabinet meeting.
She then travelled to the United States to visit relatives.
In a statement issued yesterday afternoon, Ms Zappone
defended her handling of the case, insisting she had
informed "relevant government colleagues" of the facts.
Her spokesman later declined to say who these individuals
were.
However, the Tnaiste was categorical last night that she
had no knowledge of the Tusla link to the alleged smear
campaign until it was reported in the media on Thursday.
"She of course did not inform me about any details in
relation to confidential Tusla records," Ms Fitzgerald said.
Earlier in the Dil on Thursday, she twice denied any
knowledge of a Tusla link.
A spokesperson for the Taoiseach said that he was also not
aware, although both admit knowing about the meeting
between Ms Zappone and Sgt McCabe - the country's most
high-profile whisteblower - in advance.
The meeting, which was requested by Sgt McCabe's wife
Lorraine, took place on January 25.
At that meeting Sgt McCabe outlined to the minister
Tusla's handling of the case but Ms Zappone did not alert
the Justice Minister, who was at the time studying the
review of two protected disclosures made in relation to Sgt
McCabe's case.
Well-placed sources told the Irish Independent last night
that the Tusla files on Sgt McCabe would have quickly
emerged during the course of Mr Justice Peter Charleton's
investigation - but accepted it would have been better if
the Justice Minister knew in advance of setting the terms
of reference.
Opposition parties were yesterday accusing Ms Fitzgerald
of misleading the Dil when she said she had no
knowledge of State agencies outside of An Garda Sochna
being linked to the alleged smear campaign.
However, sources close to the Tnaiste last night said her
Dil statement was completely accurate at the time and
she had done "absolutely nothing wrong".
Senior Fine Gael figures lashed out at Ms Zappone, with
several ministers accusing her of effectively blindsiding
the Justice Minister.
Several TDs also said they believed the saga had moved
the administration closer to collapse. Fianna Fil
described the situation as "crazy" and said Ms Zappone's
credibility was now "at risk". But Michel Martin's party
has decided to adopt a 'wait and see' approach.
The Cabinet will meet on Tuesday to discuss expanding
the terms of reference to include the Tusla link.
http://www.independent.ie/irish-news/taoiseach-and-tnaiste-leave-
zappone-isolated-as-cabinet-left-struggling-with-tusla-crisis-
35441776.html
Zappone: I won't reveal

identities of 'relevant
government colleagues'
Children's Minister under fire as Tusla
controversy escalates
Niall O'Connor and Laura Larkin
PUBLISHED
10/02/2017

3
Childrens Minister Katherine Zappone. Photo: Tom Burke
Children's Minister Katherine Zappone has
said she will not reveal the identities of the
"government colleagues" with whom she
said she discussed the shocking blunder by
Tusla regarding garda whistleblower
Maurice McCabe.
Ms Zappone has been under mounting pressure over

whether she properly informed the Cabinet of the "copy
and paste" blunder by the State's child and family agency.
There has been widespread shock after it emerged a false
file containing allegations of child sexual abuse remained
on the TUSLA database for almost two years - without the
knowledge of the McCabe family.
Ms Zappone said she became aware of the circumstances
surrounding Tusla after being contacted by Mrs McCabe
on January 18. She said she then met the couple a week
later.
In a statement this afternoon, Ms Zappone insisted she
informed relevant Government colleagues in the period
since the meeting with the McCabe family.
"Minister Zappone has met with Mrs Lorraine McCabe
and Sgt Maurice McCabe. She has heard first hand of the
devastation caused to them by the false allegations against
Sgt Maurice McCabe, the statement reads.
Since then her office has been in regular contact with Mrs
and Sgt McCabe and Tusla - which has led to the offer of a
public apology.
The Secretary General of the Department of Children and
Youth Affairs held a meeting with Senior Tusla Personnel
on Friday January 27.
Tusla provided DCYA with a chronology and analysis of
the case - which my Department gave to Mrs and Sgt
McCabe on Saturday 28th January.
She does not state who these "relevant colleagues" are and
whether they are members of Cabinet. The statement does
not say whether she passed on this information to
Taoiseach Enda Kenny or Justice Minister Frances
Fitzgerald.
This evening, the minister's spokesperson refused to
divulge the names and refused to say whether these
individuals were members of Cabinet.
"We are not deviating from our statement." the
spokesperson said.
Senior Fine Gael sources say it would be "incredible" if Ms
Zappone had not discussed the issue with Tnaiste and
Justice Minister Frances Fitzgerald.
Ms Fitzgerald told the Dil yesterday that she was unaware
of any other state agencies being linked to the growing
controversy.
The statement added that Tusla informed the Secretary
General of the department that the issue is now under
review.
Tusla informed the Secretary General that they have
instituted a case review to extrapolate all relevant
information in order to provide a more detailed analysis.
"Minister Zappone informed relevant Government
colleagues during the course of this period.
"Minister Zappone was always of the view that Tusla
would form part of the investigation by the Commission of
Inquiry.
Earlier, the chief executive of Tusla refuted any inference
that Tusla was involved in any sort of collusion with gardai
in relation to mistaken and false allegations which were
linked to whistleblower Maurice McCabe.
Fred McBride, speaking on RTE News at One, said that he
"absolutely refuted any suggestion there was collusion
between Tusla and the gardai".
A PrimeTime investigation on Thursday revealed that a
mistaken allegation of digital rape of a child was linked to
garda whistleblower Maurice McCabe due to a 'clerical
error'.
Mr McBride said "there is no doubt that mistakes have
been made" and a full review of what occurred will take
place.
Mr McBride said he had issued a letter of apology to the
McCabes today and has offered to meet the family
personally to apologise in person if necessary.
He said the reason for the delay is that he wanted the
apology to come from him personally and he wanted to
know the detail of what had occured.
Tusla have a responsibility to ensure that all information
was investigated Mr McBride said.
"If that information turns out to be inaccurate and that
was the case here... it is incumbent on us to correct that
information as quickly as possible and that's where
mistakes were made," he said.
Mr McBride said he escalated the matter to the
Department of Children and Youth Affairs "within days".
http://www.independent.ie/irish-news/zappone-i-wont-reveal-
identities-of-relevant-government-colleagues-35440339.html
Garda convicted of
assaulting two women in
dispute over 15 payment
for lift home
Verdict will have 'devastating
consequences' for man who survived
US shooting
Ralph Riegel Twitter

EMAIL
PUBLISHED
11/02/2017
1
Garda Brian Hanrahan outside Nenagh District Court yesterday
Photo: Liam Burke
A Garda who survived a holiday shooting in
the US was convicted of assault causing
harm to two young women in a row over a
15 fee for a lift home.
Garda Brian Hanrahan (34) had vehemently denied before
Nenagh District Court that he punched the two women in
an unprovoked attack near an isolated Tipperary cemetery
last year.
However, Judge Elizabeth MacGrath convicted the young
Newcastle West-based garda of assault causing harm.
"Having studied the evidence very carefully... the court is
satisfied that Mr Hanrahan is guilty of the two charges,"
she said.
Judge MacGrath noted that an independent witness, a
security guard driving home, had seen a man holding a
woman by her hair near Lisboney cemetery.
Judge MacGrath noted inconsistencies in Hanrahan's
evidence, including his initial claim in a 999 call made
from the scene, that he had been confronted by some six
or eight people.
"I have found that Mr Hanrahan's account on the night in
the 999 call was not accurate," she said.
Judge MacGrath also noted that, in his 999 call, Hanrahan
said those confronting him were "a f***ing crowd of
psychopaths".
When Judge MacGrath convicted him of the two assaults,
Hanrahan bowed his head.
The young women assaulted, Aisling King and Emer Kelly,
began crying.
Judge MacGrath adjourned sentencing until April 27 to
allow probation and psychological reports to be prepared.
"The attitude (of Hanrahan) on the night ... and other
issues ... does give rise to concern," she said.
Judge MacGrath noted that the garda had been mugged,
shot and seriously injured while he was on holiday in New
Orleans in the US in 2015.
Daniel O'Gorman, solicitor for Hanrahan, said the
convictions would have "devastating consequences" for the
young garda.
Hanrahan is a married father of two whose children are
aged just six months and three years.
Ms Kelly and Ms King had sobbed while giving evidence
about the assaults, which occurred when they had asked
the young garda for a promised 15 payment for a lift
home.
Read more: Garda shot on holidays convicted of
assaulting two women on night out
In victim impact statements, they said that they had
always respected garda but, after the assaults, they were
now afraid.
"I couldn't believe that a guard could do this to me.
"The garda are meant to be there to help you," Ms Kelly
said.
Hanrahan, who was off duty at the time of the incident last
March, insisted he only acted in self-defence after he
claimed one of the young women "launched herself" at him
in a row over the lift fee.
Michelle O'Connell, for the State, said garda became
aware of an incident in Nenagh at around 4am on March
6.
Ms Kelly was in Nenagh with her friends Aisling King and
Ellen Nyhill in her new car.
Hanrahan had been out socialising, and then approached
them and agreed to pay 15 for a lift.
"He was rude. He said that Nenagh was full of scumbags,"
Ms Kelly said.
The women asked Hanrahan to get out of their car at
Lisboney cemetery.
"Aisling went to drive off but I said I will ask him for the
money," Ms Kelly said.
"He pulled my hair and beat me to the ground."
http://www.independent.ie/irish-news/courts/garda-convicted-of-
assaulting-two-women-in-dispute-over-15-payment-for-lift-home-
35441741.html

'knew about Zappone's
meeting with
whistleblower - but did
not know about Tusla
blunder'
'Zappone of course did not inform me
about any details in relation to
confidential Tusla records' - Tnaiste
PUBLISHED
10/02/2017
Taoiseach Enda Kenny and Tnaiste Frances Fitzgerald Picture:

Collins
The Taoiseach and Tnaiste knew about a
meeting between Childrens Minister
Katherine Zappone and garda whistleblower
Maurice McCabe but insist they were not
aware that Tusla held an inaccurate file on
Sgt McCabe.
In a statement this evening, Tnaiste Frances Fitzgerald
said she knew that her colleague, Childrens Minister
Katherine Zappone, planned to meet with Mr McCabe
but added: She of course did not inform me about any
details in relation to confidential Tusla records.
It came after Ms Zappone issued a statement stating she
informed relevant Government colleagues of the copy
and paste blunder involving Sergeant McCabe.
The minister, who is currently in the United States, has
refused to say who those government colleagues are.
Ms Fitzgerald has now said that she was informed me in
January that Ms Zappone intended to meet with Sgt
McCabe.

She of course did not inform me about any details in
relation to confidential Tusla records, Ms Fitzgerald said.
An inquiry is being set up by the Government into an
Whistleblower Maurice McCabe outside Leinster House in 2014

Photo: Tom Burke
The Terms of Reference of the proposed Commission put
before the Oireachtas by me refer specifically to a
whether this allegation was used against him, the
Tnaiste said.
I have always been scrupulous to avoid any comment in
the Dil on what was at issue in the criminal complaint
against Sgt. McCabe, referred to in the terms of reference.
Sergeant Maurice McCabe Photo: Tom Burke
Had I put into the public domain anything which
indicated or implied the nature of the complaint against
Sgt McCabe I would be rightly open to criticism, the
Tnaiste said.
She added: At the heart of the issues to be examined by
the Commission is whether senior Garda were involved in
a campaign to use information to damage Sgt McCabe.
I agreed to take on board amendments designed to put
beyond doubt that the examination of any smear campaign
would not be confined.
Fianna Fil TD John McGuinness spoke on RTE's Six One
News this evening and said a criminal investigation is
needed into how the Tusla file was created and by whom.
Mr McGuinness also said that Tusla's apology to Mr
McCabe was today delivered to his next door neighbour
and then passed on to the family.
Children's Minister Katherine Zappone is facing mounting calls to
explain her actions after being directly informed of the shocking
Tusla blunder surrounding Maurice McCabe in January.
Fine Gael ministers have today expressed their deep
surprise at why Ms Zappone did not formally inform
Cabinet of a meeting with Sgt McCabe and his wife in
January.
Ms Zappone, who is currently in the United States, has yet
to respond to the questions. Her spokesman has not
responded to requests for comment today.
Independent.ie has learned that in January, Sgt McCabe's
wife Lorraine contacted the office of Health Minister
Simon Harris and asked to speak to the minister about a
"Tusla issue".
Mr Harris's secretary informed Ms McCabe that Tusla falls
under the remit of the Department of Children.
A meeting then took place with minister Zappone, during
which the situation surrounding the file on the McCabe
family was outlined to the minister.
It's still not clear who in government Ms Zappone spoke
to.
Tanaiste and Justice Minister Frances Fitzgerald told the
Dail yesterday that she was unaware of any such
involvement by a state agency.
Labour TD and former Education Minister Jan O'Sullivan
is among those who have called for clarity about what
Cabinet knew about the controversy before drafting the
terms of the commission of investigation into an alleged
smear campaign against Maurice McCabe.
"I am also calling on Minister Zappone to immediately
provide clarity as to whether she briefed her Cabinet
colleagues on her knowledge of the TUSLA file on Maurice
McCabe. We have heard this morning that she was fully
aware of the details of the case at the end of January.
"If she did not bring this information to Cabinet, she
urgently needs to explain why she withheld such relevant
information from her Cabinet colleagues when they were
agreeing to the establishment of a commission of
investigation."
Political reaction to revelations on RTE's Prime Time that
a mistaken allegation of digital rape of a child was linked
to the garda whistleblower has been swift.
Health Minister Simon Harris has said the child and
family agency should apologise immediately and did not
need to wait for the commission of investigation into an
alleged smear campaign against Mr McCabe concludes.
"I think they should explain why an apology hasn't issued
to Sergeant McCabe, when it was clearly their intention to
do so," he added. "I think they should issue that apology
forthwith," he told Newstalk Breakfast.
Meanwhile, Fianna Fil's Dara Calleary said his stomach
churned as he watched the program on Thursday night.
He spoke on RTE's Morning Ireland and said the situation
was "absolutely incomprehensible"
The notion that a very serious report can be made on the
basis of a cut and paste job is absolutely incomprehensible
given the seriousness of the job TUSLA have to do on a
daily basis, he said.
Where are the checks and balances and have they
reviewed the processes in light of what has come out given
that they have done an investigation into this in January of
2017?
I think that TUSLA need to urgently answer their
appalling failings and how the situation arose. How
Maurice McCabe was not informed? How files were
opened on his children, including two adult children
without being informed? And why they haven't issued an
apology?
Also speaking on RTE this morning Labour Leader
Brendan Howlin said:
"It beggars believe that matters of such seriousness could
firstly have happened, that somebody could have the most
vile of accusations circulated about them by the state. That
is a possibility and we have to fully investigate that," he
said.
Tusla, which is responsible for the protection of children,
has said it is in the process of apologising to Mr McCabe.
http://www.independent.ie/irish-news/taoiseach-and-tnaiste-knew-
about-zappones-meeting-with-whistleblower-but-did-not-know-
about-tusla-blunder-35440910.html
John Wilson claims
Maurice McCabe
has been treated
criminally
By Denise Canavan -
10th February 2017
Former Garda and Whistleblower John Wilson on
the verge of tears, has described the treatment of
Maurice McCabe as the worst scandal in the history
of the Irish Republic. Speaking on this mornings Joe
Finnegan Show, Mr Wilson called for action and
accountability.
http://www.shannonside.ie/podcast/john-wilson-claims-maurice-
mccabe-criminally-treated/
Ah Noirin time to hang your clogs up The games are
coming to an end ...
Calls for Garda Commissioner to step aside

Mary Lou McDonald, Sinn Fin Deputy Leader, calls on Garda
Commissioner Nirn O'Sullivan to step aside
MARY LOU MCDONALD, SINN FIN DEPUTY LEADER, CALLS ...|BY STRATA3 -
HTTP://WWW.STRATA3.COM/
Ireland is without doubt the most corrupt country in the developed
world. People always say we need whistleblowers but when you see
the depths the system will go to in order to protect itself from
exposure then it's understandable why more don't come forward.
The most frightening thing for any parent is the thought of losing a
child. Imagine Tusla sending social workers around to your house as
a threat that you will lose your children if you don't keep your mouth
shut? The people involved come from the same stock as the devils
who sent little boys and girls off to industrial schools to be tortured
and raped by the religious orders, none of them were held to
account and the same evil is alive and well today. Is Tusla taking
over where the church left off?
In other countries, whistleblowing is recognised and
rewarded. Ireland, however, is different.
In almost every case - from An Garda Siochna to the
Army to the HSE - the outcome is reprisals against the
whistleblower of the most appalling nature,
Ireland never rewards

whistleblowers like Maurice
McCabe and me - it punishes
us
Ireland treats whistleblowers differently to most other countries as I
found out, writes Dr Tom Clontan.
February 11, 17
Tom Clonan
After initially being reported by Mick Clifford in the Irish
Examiner, Thursdays Prime Time report by Katie Hannon
gave the Irish public a shocking and deeply disturbing
insight into the torment and vilification endured by Irish
whistleblowers.
wrongdoing.
punished.

What happened to me

young life.
Irish style.
me.
http://www.thejournal.ie/readme/tom-clonan-whistleblowers-
3233836-Feb2017/?utm_source=twitter_self
Someone needs to be
jailed over McCabe
allegations Wilson
By Kevin McGillicuddy -
10th February 2017
A former Garda whistleblower claims that someone

needs to be jailed over false allegations of sexual
abuse leveled at Maurice McCabe.
It emerged this week that untrue allegations of sex
crimes were made against the Garda whistleblower
and passed on the child and family agency Tusla
Gardai were notified of the allegations, but Sergeant
McCabe was never informed.
The controversy surrounding the whistleblower
scandal has led to increasing calls for the Garda
Commissioner to step aside during investigations.
Opposition parties such as Sinn Fein and Labour say
Nirn OSullivans position as head of the force is
untenable.
John Wilson, was was previously a Garda stationed
in Mullingar, told the Joe Finnegan Show that the
false claims must result in someone being jailed
TREASON COVER UP WHITE WASH CRIMES FROM REFERENDUM
RIGGING, ELECTION RIGGING, EVEN GARDA CORRUPTION IN OUR
FORCES AND THIS PRICK COVERS IT UP.
Can anyone edit it Nirn O'Sullivans head?
The people I spoke to made it very clear that they didnt
report on the briefing against Maurice McCabe because
they sensed it was bullshit. And bullshit they first heard
years ago, But let me be really clear. Lots of people
working a journalists have known the police force was
spinning this shit for years. For. Years.So the fact we
mostly heard about it today? Well that means that lots of
people the people who fill newspapers and make news
TV ??? They all have been keeping their mouths shut.'
5 Things You Need
To Know About
Maurice McCabe
and Police
Corruption
In Ireland.
FEBRUARY 11, 2017 / SOUNDMIGRATION
.entry-meta
.entry-header
5 Things You Need to Ask About Maurice
McCabe and Police Corruption In Ireland.
1. The allegations that Maurice McCabe sexually
abused a child are a fabrication by the police
designed to assassinate his character. By
extension those allegations seek to undermine
his actions as whistle-blower around abuses of
power within An Garda Siochana.
So we need to ask:
Does the Irish police force have agents or allies
across state agencies in this case as state agency
set up precisely because of past failures to protect
children that are willing to make shit up to protect
public inquiry around abuses of power within the
police force.
Tusla has be able to disprove that idea. Its clear
that their internal processes of documenting
potential abuse cases have been utilised by the
Irish police force as a mean of smearing multiple
whistle-blowers.
How is it that a state agency that is meant to have
overall responsibility for child protection in Ireland
seem susceptible to the whims of a police force
acting in ways that are paranoid and outside the
control of any democratic oversight?
2. There is clear evidence that An Garda
Siochana systemically use black propaganda
organised and run from the highest levels of the
organisation- against its own officers who
speak out about failings and abuses within the
force.
In 2015, racist policing action meant that two Roma
children were taken forcibly from their families.
Someone within the police force helpfully briefed
journalists about the background to this. They saw
this was fucked up. Shortly after this the head
person of An Garda Siochana press office was
arrested and their phone seized. This was a police
officer held with high regard with many working
journalists.
Shortly after some cops, not official press officers,
started calling journalists saying Aw here we found
a bit of child porn on yer mans phone.
So lets be clear about this. People within the police

force starting openly smearing against a former
Garda press officer, calling journalists suggesting to
say the former head of Press had links to child
abuse. Precisely at the time that the new
Commissioner OSullivan and her husband sought
to make clear that a new regime was in town.
No one reported it at the time, probably cos they

knew it was bullshit. But also probably because they
knew how dirty the cops can get
But the actuality of that means that lots of

journalists knew that allegations of child abuse were
being thrown around against police officers, by
other police officer. This made clear that being
supportive of whistle-blowers comes at a cost to
working journalist. This tin pot dictator stuff. And
everyone from RTE down played along, quite simply
because they had to.
Sources close to me told me about the arrest of the

press officer and the seizing of the phone on the
weekend of that week. It was clear that this was an
attempted shutdown by OSullivan of all leaks
following the embarrassing racist policing that saw
two Roma children taken from their respective
families.
The new regime wanted to be watertight. What

wasnt clear then, but is now, is that allegations of
child abuse or paedophilia seem to have been an
adopted tactic indealing with disloyal officers within
the police force
Noirin Osullivan worked as head of operations
before becoming Commissioner. This is not a wet
behind the ears gig. That job entailed being on top
of all work that is being done in the name of the
organisation. OSullivan worked for years as a
policer fixer making the shit that needed to happen
happen.
She got the job of Commissioner against the advice
of police whistle-blowers who called for an outsider
to take the position simply because outsiders would
be able to tackle systemic corruption that existed
within the force.
The previous Commissioner had to jump ship that
grey space between pushed/untrusted/resign with
pension following a series of high profile scandals
that including spying on GSOC in Abbey Street,
(GSOC being the nominal oversight body of the
police force) and the illegal recording of phone calls
of arrestees with their solicitors. Pretty fucked up
shit.
Days into the jobs she installed her husband into a
role which included and still does oversight of all
evidence of allegations of abuse within the force.
At the time the new regime took power, some
journalists mumbled, Fine Fail and Fine Gael said
nothing and other police whistle-blowers stood
aghast as a new cabal, with a much tighter media
team, took over a force that remained substantially
unchanged.
The former head press officer of the cops was, from
his own testimony, ordered by the new Comissioner
and former operations manager, to continue
spreading smears to journalists about Maurice
McCabe and child sex abuse. He makes it clear that
it was part of his job ordered from the top to
discredit Maurice McCabe and fellow whistle-
blowers
And its clear after speaking to journalists across
print and TV, the guy is a decent person, briefing
and being honest about good and bad across the
force. And here in lies a more big questions.
How do you tell stories from within a police forces if
you dont access to them?
Everybody know Paul Williams is an extension of
the top police hierarchy. They say. He tells.
Heres the rub. We need whistle-blowing cops. And
we need newsrooms that support journalists to tell
the story. Thats a really centrist, liberal demand.
There is nothing radical in that, except that it is
radical in Ireland
Not all people who are cops and talking to
journalists are propagandists and smearers.
Its clears what we have here a lot of decent human
beings who may or may not be right wing in their
view of the world and signed up to a police force
with the desire to do good being screwed over in
the most horrible of ways.
3 Many journalists working in Ireland have been
long aware of black propaganda being run by
An Garda Siochana. The national broadcaster,
RTE, is listed in the terms of references of the
lastes in a series of unending investigation of
police abuses. This arises from Paul Reynolds
being briefed about an another unreleased
report there he parroted Garda spin slating
Maurice McCabe.
The RTE broadcast Primetime that carried the story
of Tusla being used by the police force is also the
RTE that worked hand in glove with police smearing
of Maurice McCabe. The state broadcaster needs to
take responsibility for being promoters of police spin
regardless of the Primetime show.
And this is the rub. People folks like you and me
have already decided that RTE and other national
media platforms are not our friends. But its also true
thay we dont have our own ell resourced institutions
of investigation and research. We dont have major
media space made to interrogate common themes
and common sense.
Newrooms or printrooms. for the most part dont
give a fuck. And that cannot be underestimated in
how abuses of power reproduce themselves.
. Then you put into the mix that the police forces
can organise it so that it looks you might be a pedo.
Quite strong unsavoury forces, even for the most
curious of investigators. So we should genuinely tip
our collective hats to working journalists pursuing
this.
But lets go again.
Journalists were contacted by the police and told
about what we now know to be false allegations
against Maurice McCabe. As far as I can find, the
only journalist in the country to repeat those
allegations albeit without naming McCabe is the
police mouthpiece Paul Williams.
The people I spoke to made it very clear that they
didnt report on the briefing against Maurice
McCabe because they sensed it was bullshit. And
bullshit there first heard years ago, But let me be
really clear. Lots of people working a journalists
have known the police force was spinning this shit
for years.
For. Years.
So the fact we mostly heard about it today? Well
that means that lots of people the people who fill
newspapers and make news TV ??? They all
have been keeping their mouths shut
4. Noirin OSullivan took position as head of the
police after a period of turmoil where it was
suggested that the force was spying on GSOC
a nominal oversight body and it was revealed
that the force had for years been illegally
recording conversations between people
arrested and their solicitors.
In that mix of things that the time, in something that
still has not been resolved properly, we found out
that the cops have been using ISMI catchers
without any regulatory oversight. These are tools of
mass surveillance that capture metadata from all of
the thousands of phones in the area at at any
particular time. This was and could be still for all
we know right now active police spying on a
general public without even the suggestion of any
democratic oversight.
5 The evidence before us now suggest that an
officer in An Garda Siochana used their own
child to fabricate a smear of child sex abuse
against Maurice McCabe. That is perhaps one of
the most grim sentences a person could write.
You need a pause there dont ya.
A police officer convinced or forced his own kid to
be part of a complaint to Tusla abuse simply so that
officer could attack McCabe.
The rationale? McCabe reported police abuses by
this officer and his complaints were upheld.
So thats some scummy shit. A cop, who internal
complaints were upheld against, sought to take
revenge using his own child. Actually. What. The.
Fuck.???
Whats compounds that is that is the hierarchy of
the police and most of the force and silent
journalists backed that scumbag rather than
Maurice McCabe.
You dont get more more authoritarian than that.
You can laugh or feel scared about Trump. But our
own police force leaders? They are out of control.
And the real gig is how do we as people push
back against that.
Fintan O'Toole: The
smearing of Maurice
McCabe is either appalling
or chilling
The explanation for the false file on Garda whistleblower
Maurice McCabe defies belief
about 10 hours ago Updated: about 3 hours ago
Fintan O'Toole
Sgt Maurice McCabe: The unavoidable question is whether there was

collusion to smear McCabe between some person or persons in the Garda
and some person or persons at Tusla. Photograph: Cyril Byrne
There are two ways of looking at what we know about the
smearing of Maurice McCabe: a benign scenario and a
malign scenario. The benign interpretation is appalling.
The malign interpretation is chilling.
In one case, we are dealing with a cock-up of frightening
proportions. In the other, we are dealing with a
conspiracy that threatens the fundamental rights of
every citizen of the State.
At best, we have a child protection system whose
integrity has been undermined by astonishing
incompetence.
At worst, we have a situation in which the two State
agencies with the greatest power to destroy the lives and
reputations of citizens have gone rogue.
Either way, it ought to be clear this is a scandal of
immense gravity and import. It demands a response far
beyond the setting-up of a commission of inquiry which
has no powers to impose any sanctions on anybody.
Nothing less than a full-scale criminal investigation is
required. Our problem is that, since An Garda Sochna
is at the very heart of this affair, this investigation can be
credible only if it is led by officers from outside the State.
The benign scenario might be summed up in the title of
the childrens horror fiction series A Series of
Unfortunate Events. If it were fictional, however, it
would be unpublishable. It relies on coincidences so
extreme as to strain the credulity of the least-demanding
reader.
This benign story yokes together two wildly disparate
elements. The first is Maurice McCabe being a problem
for the State. He is a good cop who becomes a pain in the
neck because he cant just keep his head down and
ignore the laziness, incompetence and fecklessness of
some of his colleagues.
Routine abuse
He sees the routine abuse of the PULSE system and of
the penalty points system which is supposed to save lives
by stopping carnage on the roads.
McCabe becomes a threat, not just because of his
allegations but because his superiors at very high levels
in the force look into them and decide theres nothing
there.
Instead of being a set of very serious but essentially local
problems in Cavan, the dismissal of McCabes allegations
now raises questions about the integrity and competence
of some elements of senior Garda management. And that
in turn is a political question it spins outwards into the
Department of Justice, the Minister for Justice and
therefore the Government.
The HSE has said now taken responsibility for the admin
error which falsely accused Maurice McCabe of child sex
abuse.
The HSE has claimed garda and Tsla were notified of the
mistake in 2014 but the allegations were left on McCabe's
file until January 2016.
http://www.irishtimes.com/news/politics/fintan-o-toole-the-smearing-
of-maurice-mccabe-is-either-appalling-or-chilling-1.2971456
Tsla knew McCabe sex claims
were false but kept them on file
for two years, HSE claims
The HSE said it was one of its staff members not Tsla which made the
error relating to the McCabe allegation.
February 11, 17
THE HSE HAS this afternoon issued an apology to Sergeant

Maurice McCabe for thedistress caused over the
mishandling of a sexual abuse allegation wrongly made
against him.
In what has become an increasingly complex case, the HSE
said that it undertook an immediate review of internal
procedures once they realised an administrative error had
been made.
The HSE said in July 2013, there was an allegation of
retrospective abuse made against McCabe and that, in line
with process, the HSEs National Counselling Service
referred this allegation to Tsla.
A spokesperson said: The HSE wishes to confirm that there
was an administrative error made by a staff member of the
HSEs National Counselling Service (NCS) in the referral
made at that time. This administrative error was brought to
the attention of the National Counselling Service in May
2014.
Despite the HSE today claiming they contacted Tsla and
garda in 2014, the inaccurate sexual abuse claim remained
on Tslas file until at least January 2016 when a member of
its staff contacted McCabe with a view to interviewing him
to ascertain whether or not he was a threat to children.
The HSE said the National Counselling Service responded

immediately in May 2014 by bringing this error and a
corrected report to the attention of Tsla and an Garda
Sochna. It stressed that the National Counselling Service
would have had no further involvement in this matter once
the corrected report was provided to Tsla and garda.
Additional supervisory procedures were put in place in
relation to the staff member who made the administrative
error.
The spokesperson added: The HSE apologises unreservedly
to Mr McCabe and his family for the distress caused on foot
of this error. The HSE is making arrangements to offer this
apology formally to Mr McCabe as soon as possible.
Labour leader Brendan Howlin, who used Dil privilege to
highlight the McCabe case earlier this week, said a criminal
investigation is now needed to address the scandal.
However, Health Minister Simon Harris said on the
Saturday with Claire Byrne show on RTE Radio One that a
commission of investigation has already been set up and
that it should be allowed to do its job.
http://www.thejournal.ie/hse-maurice-mccabe-apology-smear-
3234572-Feb2017/?utm_source=facebook_short
This was not an administrative or a clerical error. It is fatuous to present
it as such. It was character assassination pure and simple.
Garda commissioner should have been sacked a long time ago. If the
government continues to refuse to act on this then they need to be
brought down too.
Just listened to minister Harris on RT if he thinks talking relentlessly
in a low counselling voice will get Government off the hook he can think
again.
This government is culpable and will be gone in short time as Michael
gathers his war counsel yet again out manoeuvred by SF seeking a
logical way of keeping Sullivan in her job.
Never voted SF and they be may peoples Trump but when our
establishment parties seek to pervert the our justice system its time for
a change of Trump proportions. Im no radical voter but time has come
for change
I dont trust the Garda Commissioner. I dont have any confidence in
her. She cannot be relied upon not to obstruct all or any inquiry process.
I will have no trust in the inquiry outcome if the commissioner remains
in position.
The cancer needs to be cut out of all official bodies. It needs to be done
now. Suspend everyone involved on full pay and get to the root of this by
a proper criminal investigation . Have hearted measures are not good
enough. Fobbing this off to a feeble inquiry is not good enough
Can anyone post a timeline to when this commission of inquiry was set
up with its full terms of reference.
Fitzgerald claims the first time she was informed of Tulsas role in the
Mc Cabe affair was in last ( Thursday) night media
Yet Zappone has always of the view that Tulsa would form part part of
the investigation by the Commission of inquiry
How and where did Zappone express this view, and to whom? Did
Fitzgerald accept terms of remit for the inquiry without even
questioning why Tulsa was even being mentioned or why they being
mentioned with this view. Did Fitzgerald not question why a juniot
minister held this view or why that Minister was becoming embroiled in
the MC Cabe????
These statements are not adding up!
Minister for Justice Frances Fitzgerald has said

there will be a Commission of Investigation
following the publication of the Guerin Report.
The report looked into allegations that serious
crimes were not investigated properly by
garda.
It found there is cause for concern as to the
adequacy of the investigations into complaints
by Sergeant Maurice McCabe and also for the
personal and professional consequences for
the whistleblower.
Ms Fitzgerald said the Government is taking
steps to remedy what she said are systemic
failings uncovered in the report.
Ms Fitzgerald said the Guerin Report is clear
that operational policies and procedures within
An Garda Sochna were inadequate in the
cases examined.
She said this included performance and
professional standards, consistency of
approach, recording and management, and
supervision of individual cases.
Ms Fitzgerald said the report raises
fundamental questions about the treatment
and response to victims of crime, which must
be addressed as a matter of priority.
She welcomed the fact that acting Garda
Commissioner Noirn O'Sullivan had recognised
the need for a sea change in the force and she
would be backing her in any changes she felt
necessary.
The minister said the process of reform was
already under way.
Ms Fitzgerald said she views with the utmost
gravity the concerns raised by Mr Guerin about
procedures for dealing with complaints in the
Department of Justice and she intends to
ensure that the issues raised are dealt with
comprehensively and robustly.
Asked if there might be resignations in her

department, she said if root and branch
changes were needed they would happen.
McCabe 'vindicated' after report's
publication
Sgt McCabe has said he feels vindicated after
the publication of the report.
He said a huge weight has been taken off his
shoulders and that of his family.
Sgt McCabe said he wanted to go on record as
the report has been issued.
He said he had not yet read all of the report,
but he believes that what he has read concurs
with what he has being saying about how his
allegations were handled by garda and the
Department of Justice.
Sgt McCabe also thanked Fianna Fil leader
Michel Martin for handing his dossier to the
Taosieach.
He said he is looking forward to co-operating
with the Commission of Investigation and that
his allegations are investigated.
Sgt McCabe said he can move on from today,
but he also noted that he is still restricted in
his use of the garda PULSE system.
Commissioner O'Sullivan has said garda will
cooperate fully with the Commission of
Investigation.
She said: "The report by Mr Sean Guerin SC is
detailed and extensive.
"I am currently studying it closely in
conjunction with my senior management team
to identify immediate actions that can be
taken as part of our process of change that is
currently under way."
However, there was no reference in her
statement to Sgt McCabe's access to the
PULSE system.
Kenny says terms will be established in
weeks
Taoiseach Enda Kenny has said the terms of
reference for the Commission of Investigation
will be finalised in the coming weeks.
Speaking in Co Galway this afternoon, Mr
Kenny said nobody was immune from being
brought before the law on issues of
criminality.
He said the recommendations and conclusions
in the report would now be considered by the
Government.
Mr Kenny said the structure and way in which
a Commission of Investigation would operate
would be considered in the coming weeks.
He described the setting up of a commission
as a "deep and far reaching process".
The Taoiseach said it was essential that the
way in which justice was administered was
dealt with as part of any part of garda reform.
Call for comprehensive commission of
investigation
The Guerin inquiry was established to examine
the actions taken by garda, the Department of
Justice, the Minister for Justice and any other
public body on the allegations by Sgt McCabe
of garda misconduct.
The report also states that An Garda Sochna
does not seem to have been able to hold heed
to the voice of a man held in high regard by
his immediate superiors.
It said a comprehensive commission of
investigation needs to be established to
investigate a number of incidents.
Disciplinary proceedings are recommended
against a probationer garda.
The report found the effectiveness of the
PULSE system should be reviewed.
In his conclusions, Mr Guerin said that in An
Garda Sochna "a critical voice is in danger of
being heard as a contrary voice".
"The paradigm of the whistleblower is an
unattractive one ... is seen as someone who is
not on the team," he said.
He said the challenge of "accommodating and
learning from legitimate criticism is always
going to be a difficult one, especially in a
disciplined force".
The report said the complaints made by Sgt
McCabe "all have their origin in what he
perceived to be a failure" of An Garda
Sochna in the Bailieboro district "to apply
itself with discipline and determination to the
investigation and prosecution of crime".
The report said it is beyond its scope to make
any determination of the complaints made by
Sgt McCabe.
However, it said the documents examined
"give cause to share the concern expressed in
them".
It said there is cause for concern as to the
adequacy of the investigations that have taken
place into Sgt McCabe's complaints and
whether "all appropriate steps" have been
taken.
Mr Guerin said Sgt McCabe co-operated with
the review in an "unfailingly courteous and
obliging manner".
Mr Guerin said he interviewed the sergeant on
four separate occasions, totalling just under 19
hours.
He said Sgt McCabe made himself available
upon request and freely and openly discussed
the matters that were the subject of the
review.
He said Sgt McCabe's complaint about his
experience within the An Garda Sochna since
making his complaints calls for examination.
Mr Guerin said this is beyond the scope of his
terms of reference, but said extensive
documentation he has seen, which was given
to then minister for justice Alan Shatter by Sgt
McCabe's solicitors in September 2012,
expresses Sgt McCabe's concerns and needs
to be examined.
The report notes no malice on the part of Sgt
McCabe in the making of his various
complaints, as noted in the Byrne-McGinn
report.
Mr Guerin said the time he has spent with Sgt
McCabe leads him to "no different conclusion".
He said it would be better to get the testimony
of the men and women who worked with Sgt
McCabe in the years before he made the
complaints.
The report concluded that Mr Shatter did not
heed the voice of Sgt McCabe despite the high
esteem in which he was held.
Mr Guerin said that was despite the minister
having specific statutory powers in the area of
complaints from members.
Mr Guerin said there was a "near total
absence" in the papers he had examined of
written records of submissions made, or advice
given, to the minister by his officials.
He said he had seen no written internal
records of decisions made by the minister.
Mr Guerin said the approach adopted "had the
result that there was no independent
investigation" of Sgt McCabe's complaints.
He concluded that the absence of written
records was a "matter of some concern",
saying it appeared that the minister had acted
"on foot of advice received by the
commissioner", without that advice being
questioned or analysed.
Guerin regrets lack of documentation
from GSOC
Mr Guerin has said it was unfortunate that he
received no documentation from the Garda
Sochna Ombudsman Commission.
In his introductory comments to the report, Mr
Guerin said that Simon O'Brien from GSOC
wrote to him on 13 March to indicate that the
gathering of the relevant material was under
way as a priority.
However, on 23 April, Mr Guerin received a
letter from solicitors on behalf of GSOC raising
"various preliminary legal and practical issues"
that he said might usefully have been raised at
an earlier stage.
Mr Guerin said he does not understand why
the obstacles to seeing them were first
identified to him in correspondence delivered
shortly before close of business on the eve of
the date upon which the report was due.
He said the lack of documents from GSOC has
been an obstacle to any assessment as part of
the review of the adequacy of the
investigations conducted by GSOC.
He did say however, that it did not interfere
with the other work of the review.
GSOC said this evening that it had gathered a
good deal of documentation for the Guerin
review, but felt it necessary to seek
assurances about its use.
It said it was regrettable the review did not see
its files.
"While we were aware of the tight timescale,
we were not aware of an exact fixed deadline
date," GSOC said.
GSOC said a complainant referred to in the
report currently has a case open with the
organisation.
It said that case was subject to an
investigation and a judicial review.
GSOC said it had wished to discuss this issue
with Mr Guerin before his report was
published.
Concern over Bailieboro Garda Station
The report makes a list of suggestions for
matters relating to Bailieboro Garda Station
that should be considered and examined
under the terms of reference of a commission
of investigation.
It calls firstly for an examination into "the
general conduct of policing at Bailieboro Garda
District in 2007/2008".
It also recommends an examination of:
- the management and operational structure
and resource allocation for Bailieboro garda
district to include:
- the number of probationary garda assigned
to Bailieboro district at the relevant times
- the number and experience of sergeants
available to supervise and monitor the
probationary garda
- the significance - if any - of the absence of an
inspector permanently allocated to Bailieboro
Garda Station
- the stability, continuity and experience
available at district officer level in Bailieboro
district at the relevant times
- the arrangements in operation for the
supervision and monitoring of probationary
garda in relation to their operational - and
specifically investigative duties
It also calls for the standard of accommodation
at Bailieboro Garda Station and its possible
impact on the policing function to be
considered.
Martin calls for discrete inquiry
Mr Martin this afternoon said the Guerin Report
recommendation that a Commission of
Investigation be held into the issues raised by
Sgt McCabe must be honoured.
Speaking on RT's News at One, Mr Martin said
a discrete inquiry into these specific areas
would be the correct course of action.
He said a long, unwieldy inquiry could result if
the terms of investigation were broadened.
Mr Martin said the report was a vindication of
Sgt McCabe.
He said the lesson to be learned was that no
matter how difficult and inconvenient it may
be for people in authority, they must listen.
Sinn Fin's justice spokesperson called on the
Government and the acting Garda
Commissioner to immediately restore full
rights to Sgt McCabe.
Pdraig Mac Lochlainn told RT's News at One
Sgt McCabe still did not have access to the
PULSE system and he was the subject of
ongoing harassment and bullying.
Mr Mac Lochlainn said he asked Sgt McCabe if
any senior garda officer had sought to help
him and protect him from harassment and Sgt
McCabe had answered "no".
Mr Mac Lochlainn said the Guerin Report was a
vindication of Sgt McCabe.
Sinn Fin leader Gerry Adams said the
behaviour of garda management outlined in
the report constituted a betrayal of the brave
men and women of the force. He called for
reform of the justice system.
Independent TD Clare Daly said there was a
need for a reconstituted garda force, where it
was unlikely there would be a place for many
of the current senior management.
Wilson calls for transparency
Garda whistleblower John Wilson has said the
Guerin Report highlights the need for a new
era of transparency and accountability in An
Garda Sochna.
He said the vast majority of garda are decent
hard-working individuals who carry out their
duty in the most difficult and dangerous
circumstances.
He said the Government owes it to them that
confidence be restored.
The retired garda said that Sgt McCabe is an
honourable police officer who is still being
denied access to the PULSE computer system
and is still being victimised and harassed.
He also said the interim Garda Commissioner
should "lift the phone and talk to him".
Minister for Transport Leo Varadkar has said
Alan Shatter took responsibility for the
mistakes of many people when he resigned.
Mr Varadkar said he did not think for one
second that Mr Shatter "was the bad guy in all
of this".
He said it seemed the trust he had placed in
garda management and GSOC, to carry out
investigations, seemed to have been
misplaced.
Speaking at the sod turning for the Gort-Tuam
motorway in Co Galway this afternoon, Mr
Varadkar said the Guerin Report created a
number of big questions for the Government.
He said a lot needed to be done to restore
public confidence in the justice system.
GRA says commission of inquiry will shed

light on allegations of garda misconduct
Maurice McCabe - allegations of
17/09/2014
A senior member of the Garda Representative
Association (GRA) says he will not "speculate" on
whether Maurice McCabe was right to bring allegations
of garda misconduct into the public domain.
The whistleblower's actions were vindicated in the
findings of a report by senior counsel Sen Guerin
published last May.
However the GRA is objecting to the delay in setting
up a commission of inquiry, which the Government
promised after the publication of the Guerin report
Cavan-based garda James Morrisroe, a member of the
GRA executive committee, says the inquiry would
bring more information to light.
"His (Guerin's) recommendations are that a
commission of inquiry be set up to look into the
allegations - and let's be clear about this: they're only
allegations at the minute, they're not facts," Gda
Morrisroe said.
When asked if he thought Maurice McCabe was right
to put these allegations in the public domain, he
replied: "Well that's for the commission of inquiry to
sort out - it's not for me to speculate on that".
http://www.breakingnews.ie/ireland/gra-says-commission-of-inquiry-
will-shed-light-on-allegations-of-garda-misconduct-642264.html
Sgt McCabe in
favour of external
criminal
investigation
Updated / Saturday, 11 Feb 2017
Sgt Maurice McCabe wants a broader investigation
Labour Party Leader Brendan Howlin has said
Sergeant Maurice McCabe is in favour of an external
criminal investigation into his treatment.

possible.
Investigation.
outside of Ireland, Mr Howlin said.
The Labour leader also said Sgt McCabe was
"wounded" by everything that has happened.
Sinn Fin calls for Fianna Fail to withdraw
support for Govt
Sinn Fin has called on Fianna Fil to withdraw its
support for the Government over its handling of the
Sgt McCabe controversy.
Sinn Fin President Gerry Adams said his party will
shortly decide it if would table a no confidence motion
in the Government next week.
He said the Government was stumbling from crisis to
crisis and "taking the public for fools" in the Sgt
McCabe controversy.
Belfast.
Mr Adams said: "It's very, very clear that this Fine
Gael-led Government is a Government without any
authority.
"It stumbles from crisis to crisis to crisis.
Zappone did not
brief Cabinet on
'confidential
information'
substance.
informed.
records".
whistleblower.

public domain.

Tusla.
Follow
Conor McMorrow


resignation
5:40 PM - 10 Feb 2017
step aside.
Howlin
this was the case.

Investigation.
the investigation.
Sinn Fin leader has called for
a General Election. The last
one was called 1yr and 1 week
ago
grows
Martina Devlin: Garda's
integrity on the line after
claims whistleblower was
demonised by his
superiors
Martina Devlin Twitter

EMAIL
PUBLISHED
11/02/2017

1
Whistleblower Garda Sergeant Maurice McCabe arriving for a
private session of the Dil Public Accounts Committee at Leinster
House in 2014 Photo: Tom Burke
Remember when An Garda Sochna was a
term used with widespread respect? When
Irish people were proud of their police force
for upholding its end of the bargain between
citizens and law-enforcers with honour?
:
Those days are gone. The respect is vanishing, the trust is
dented. As of this week, garda integrity hangs in the
balance.
If senior officers are found to have orchestrated a smear
campaign against whistleblower Maurice McCabe, as
claimed, then the credibility of the force will be
compromised. Only root-and-branch reform to make it fit
for purpose, as happened with the RUC, will restore its
reputation.
Hell hath no fury like a Guard ( of any rank ) with a greivence ! Why are
there no whistleblowers in the Army , Nursing , fire Brigades , Customs ,
Prison Officers , teachers Since the foundation of the State , Guards have
nursed grievances real or perceived , about promotions , being
disciplined, being transferred and many other 'perceived 'wrongs' .
Guards don't suddenly get a conscience about 'wrongdoing ' unless it's
triggered by something that manifests itself in the form of being treated
wrongly or unfairly in that persons eyes. There is a syndrome in the
Guards which presents itself as 'if I m wronged and 'going down ' I ll
bring everyone else down with me . While 'whistleblowing ' is a noble
thought or concept in theory , the 'whistleblower ' must be , like Caesar's
wife , above reproach . The media must therefore examine if the
whistleblower to paraphrase a well known politician 'was doing the State
some service 'because it was the noble and correct thing to do or is it
motivated by 'Guard with a grievence ' syndrome
Respect for the Guards like everybody else must be earned, never
shown.
They lost that respect when they held the country to ransom by
threatening to strike. And threatening peaceful water protesters on their
human basic rights and democracy,
They put themselves ahead of nurses who despite having a University
degree work harder and earn less.
The garda today are getting away with bullying, beaten up homeless,
illegal guarding evictions with sheriff which was never any gardas job
under article 40 of our constitution no Garda interference,
They demanded more than anybody else at a time when the country is
still borrowing to pay the for the day to day running the country.
Debt that will be repaid by by taxpayers there children and grand
children. At a time when the health service is in a state of crises.
The garda some are corrupt greedy selfish scum that dont respect the
irish tax payers who pay there wages, not the government us the irish
people the disrespect and beat up and throw them about because they
are protesting peacefully, but when the garda want to illegally protest
considering we are legally allowed to protest, but when the Garda
protest and they are breaking the law,
Two laws one for breaking and one for not dont make these two laws
right
They may say that their work puts them in danger, but they knew that
when they signed up.
Remember when An Garda Sochna was a term used with widespread
respect?"
That was before successive governments took them off the streets and
turned them in to their private police force and roadside revenue
collectors.
It's ironic that this has now become a national scandal. Fair play to the
whistleblowers.
The one thing not mentioned in this whole shameful episode is the
silence of the Assoc of Gda Sgts and Inspectors a group who are not
media shy when it comes to appearing on national television seeking
pay rises yet here is a fellow Gda Sgt and comrades comrade being put
through the wringer - their silence is deafening.
http://www.independent.ie/opinion/columnists/martina-
devlin/martina-devlin-gardas-integrity-on-the-line-after-claims-
whistleblower-was-demonised-by-his-superiors-35441684.html
Guerin Report on Garda Handling

Of Sergeant Maurice McCabes
Allegations
May 10, 2014
If you thought Sergeant Maurice McCabes
whistle-blowing was all about getting penalty
points looked after, think again. This is
about murders, beatings, sex assaults and
other investigations, all botched or worse by
the Gardai. Its about a man of principle,
victimised by the organisation he works for
simply because he told the truth.
The Guerin report systematically forges its
way through a series of complaints raised
by McCabe, and finds every one of them
credible enough to warrant a formal inquiry.
These are the same complaints that former
Commissioner Martin Callinan found, as he
put it, frankly disgusting.
Chapter by chapter, Guerin sketches out a
series of pictures ranging from horror to
farce.
8 A young woman dead because her killer
was freed on bail when Gardai failed to
provide a court with vital information.
8 An Assistant Commissioner wrestling with
McCabe in a hotel lounge for possession of
a box of documents.
A Garda approaching the victim of an
assault and negotiating payment of
compensation instead of prosecuting the
culprits.
8 Gardai unable to obtain video of an attack
in a pub even though it had been shown on
CCTV to a large audience.
8 Gardai losing a priests computer after
seizing it for technical examination on
suspicion of child pornography. Following
complaints by McCabe aganist a senior
officer, he himself was later subjected to
disciplinary procedures, even though he had
nothing to do with the case.
Professionals in a Monaghan town reluctant
to cooperate with any investigation for fear
of retaliation.
Gardai advising victims of crime to withdraw
complaints.
Garda falsifying entries in the operational
database to cover up malpractice.
Assault, false imprisonment, death threats,
intimidation. It goes on and on.
Finally, we have the unedifying spectacle of
the Garda Commissioner being invited by
the Minister to investigate complaints
against himself and giving himself a clean
bill of health. It was Alan Shatters casual
acceptance of Callinans hubris-filled reply,
combined with his own failure to
understand his legal obligations that finally
made it impossible for him to stay in the job.
Few people emerge well from this review,
apart from Maurice McCabe himself. Guerin
makes it clear that McCabe is a policeman
of the highest integrity who genuinely
believes in his role on behalf of the
community.
An Garda Sochna comes across as an
antiquated, hidebound relic, with attitudes
rooted in 1920s Ireland, and rigid
managerial structures that mask an almost
complete absence of real discipline. In
Guerins words, discipline is not merely the
absence of insubordination and in this 336-
page document, he shows us a force
without direction, without vision but also
without fear of consequences. We see
unprofessional local Gardai misusing their
positions to intimidate anyone who might
criticise them. We see a hierarchy utterly
blind to any suggestion of wrongdoing, in
the habit of setting up sham investigations
and completely resistant to what it sees as
interference.
What we see in this report is a deeply
dysfunctional police force, barely tolerant of
the government and the public it serves. We
see an organisation with a rigidly top-down
structure, impervious to change, suspicious
of everyone and aggressively resistant to
criticism. We see bumbling incompetence.
We see a club of people, many of whom
regard membership as a way to do favours
for their friends and to derive personal gain
for themselves.
Despite the outstanding example of Maurice
McCabe, what we do not see is widespread
professionalism, but as we speak, it has just
been announced that Maurice McCabes full
access to the Garda IT system has been
restored, thus confirming that all the
attempts to dismiss him as a troublemaker
was only so much guff and hot air.
Martin Callinan "Disgusting" comment to
Public Accounts Committee
Mar 21, 2014
https://www.youtube.com/watch?v=hZn_TdjvF-U
The old nonsense wont wash any more. Its

not a problem with Monaghan or Cavan or
Donegal. Its a problem with the nature and
the structure of the organisation, and it
needs a proportionate response. Its about
time we had a complete reform of our
national police service and its about time all
the old dinosaurs were sent out to graze the
primeval forests they came from.
It wont be done without a struggle though.
Id hate to be a source close to Martin
Callinans dog right now.
Leo Varadkar Calls on Callinan to
Retract Disgusting Slur Against
Garda Whistle-Blowers
March 21, 2014
I bet Leo Varadkar was that annoying

toddler who tried to pull the chin-whiskers of
elderly aunties, but its hard not to like his
bull-in-a-china-shop indifference to other
peoples sensitivities. When he came
straight out and called Martin Callinan on his
bullshit, Varadkar was only saying what
everyone else in the country thinks. Come
off it, Martin.
Who believes Callinan when he says that

his disgusting comment was about
inappropriate access to confidential
information?
I dont.
Trying to justify his comments, this is what
Martin Callinan said:
I want to clarify that my use of that term was
not in reference to the character of either
Sgt McCabe or former Garda Wilson, but
the manner in which personal and sensitive
data was inappropriately appearing in the
public domain without regard to due process
and fair procedures.
What I heard when the Garda
Commissioner addressed the Public
Accounts Committee was something quite
different. I heard him saying that, of thirteen
thousand Gardai, only two whistle-blowers
were making allegations of corruption and
malpractice, and he found it disgusting.
Dont take my word for it. Judge for yourself
what you think Martin Callinan said.
Mar 21, 2014
Here is the head of our national police force

which, unfortunately, is also the national
security agency, attempting to rubbish
suggestions of malpractice in his force. This
is the same police chief who dismissed out
of hand the critical findings of a High Court
judge, Peter Smithwick, with a bland
soundbite: this is not the force I lead.
Callinans pugnacious defence of the force
he leads might have been laudable in an
earlier era, but not today, and especially not
in the wake of a report from another High
Court judge, Fred Morris, who absolutely
excoriated the force for its systemic
corruption. After seven years, no action has
been taken on foot of the Morris Tribunals
findings.
Of course, this has always been a society
based on the nod and the wink, and whether
Martin Callinan would acknowledge it or not,
he is as much a product of our nod-and-wink
culture as anyone else. Who hasnt been
friendly with a Garda willing to get a
summons squared or a ticket fixed? Well,
the answer is that plenty of people arent in
that fortunate position, but theyd be the
people who dont matter anyway. The poor,
the unimportant, the weakest.
For the rest of society, as often as not, it has
always been possible to get minor charges
fixed, depending on your relationship with
the right people in our police force who,
incidentally, need not be at a senior level. In
a monastic organisation such as an Garda
Sochna, everyone is equal. Templemore
stays in the blood long after youve hopped
on the last train out of it.
Its ironic that Sergeant Maurice McCabes
access to the PULSE system is strictly
limited given the fact that other more junior
Gardai routinely plug their USB sticks into it
and download information that can, at best,
be described as gossip about unconvicted
citizens. Its doubly ironic, in an age of
viruses and trojans, that those Gardais
laptops could easily be used by their
children to access the web, to interact on
Facebook, Twitter, Snapchat or a dozen less
reputable networks and therefore that
confidential PULSE data is vulnerable to
hacking by anyone wishing to read it.
Some IT technicians have suggested that
the simplest way to access the PULSE
system is to turn up at a Garda station with
an aluminium case, catch the eye of the
Garda at the desk and point to the door. I
believe them. Thats how Ireland works,
unfortunately, and yet a decent Garda is
only permitted to access the system under
strict supervision, because he tried to
expose corruption.
Its good that Leo Varadkar rejected the
disgusting slur on two honourable
policemen, and called on the Garda
commissioner to retract it. Its good that
Joan Burton agreed with him. Its good that
Pat Rabbitte, however equivocally,
supported the call to vindicate the
whistleblowers. Its also good that Willie
ODea, of all people, called on the
commissioner to stop digging when hes in a
hole.
This is Ireland, however, and thats why I
have no confidence that Callinan will do
anything other than reinforce his bunker.
In this land, we dont retract and we dont
resign, even when weve lost the confidence
of half the cabinet and all of the people.
Martin Callinan Decommissions
Himself
Posted by Bock on March 25, 2014
I dont know why it comes as such a shock
to everyone that Martin Callinan has
resigned as Garda Commissioner. His
goose was cooked from the second he
uttered the word disgusting to the Dil
Public Accounts Committee, and his feeble
efforts to clarify what he said only made
matters worse. Besides that, his casual
dismissal of the Smithwick inquirys findings
marked him as a man who valued blind
loyalty to the Force above all else.
As if that wasnt enough, his failure to
cooperate fully with the Garda
Ombudsmans office and his blind rejection
of the possibility that gardai might have
been involved in the GSOC bugging
betrayed his origins as a dyed-in-the-wool
Templemore Guard.
Martin Callinan, like all Commissioners,
comes from deep within the Garda culture,
an organisation that displays many
characteristics of a secret society within a
society. He started at the age of 19, spent a
little while being indoctrinated in the
monastic environment of the garda training
college, and then went on the beat before
working his way up through the ranks, as did
all his predecessors. As did his deputy. As
did the Assistant Commissioners. As did, in
fact, everyone from sergeant up.
Things have changed a little in recent years,

with graduate recruitment, but its still too
early for those changes to have a significant
impact. The entire senior structure of an
Garda Sochna is drawn from a very
narrow and limited slice of humanity, with its
own fixed beliefs and mythologies. No
doubt there are individuals of exceptional
ability among them I could mention a few
names but such an incestuous
promotional structure cant be a healthy
model for any organisation. The only other
similar structures in the country are the
Catholic clergy and organised criminals.
Weve seen time and again how rigid and
inflexible the Garda management mindset
is. By the very nature of the way senior staff
are appointed, the force is inevitably stuck
two or three decades in the past. Its very
telling that no member of an Garda
Sochna made it onto the shortlist for
appointment as PSNI chief constable. They
werent up to scratch.
This would be a good time to cast the net
wide in the search for a replacement.
Ideally, the successful candidate wouldnt be
two or three years away from retirement, as
most commissioners have been . With luck,
the new appointee would have a broad and
varied experience of business, policing and
management. Perhaps it wouldnt be too
much to ask for a Commissioner who places
a value on openness, and the ability to
communicate in plain English. And maybe it
would be a good thing to appoint an
individual with a wide and varied range of
personal interests and accomplishments.
The force, through its own inability to cope
with criticism, has left itself open to radical
change. There will be a police oversight
body of some kind. The Ombudsman will
have far greater powers. There will be
accountability. The last thing the guards
need now is an apparatchik with a siege
mentality and an obsession with secrecy, but
even more than that, its the last thing the
country needs.
Are you as baffled as I am by all this stuff
about who knew what and when, who first
called and what letters went to what
ministers?
Normally, when I find myself completely
stumped, theres a good reason and yes, I
know what youre going to say: that could be
because Im completely stupid. It could
indeed, or it could be because the whole
thing is bullshit.
Why does it matter what Callinan told
Shatter or what Kenny kept to himself?
What difference does it make when Mire
Whelan knew about the taping of prisoners
phone conversations in police stations? How
does it help if Shatter resigns?
Our national police force, An Garda
Sochna, is shown to be utterly
dysfunctional, yet people are still arguing
about personalities, as if that made the
slightest difference. In the 21st century, we
struggle with a policing structure that owes
its origins to the early 19th century, a rigid,
authoritarian edifice in which dissent is
discouraged and original thinking
considered subversive.
Is it any wonder that rigid, authoritarian
people would rise to the top of such an
organisation?
And yet, An Garda Sochna is only a
microcosm of Ireland as a whole, a product
of our educational system, our social
structures and our national inability to admit
we might ever be mistaken. When the latest
OECD international survey shows that Irish
teenagers are no better than average at
problem-solving, we need to start asking
ourselves what has gone wrong, not only
with our national police force, but with the
entire country.
Unless we can teach our children critical
thinking at a very early age, were doomed
to repeat the cycles of incompetent disaster
that have characterised our new nation.
The days of accepting rigid beliefs and
repeating them by rote are over. The days
when we think theres some shame in being
wrong are over.
Successful people rejoice in being wrong
because it makes them stronger the next
time, but here in Ireland, we have a fear
drummed into us, the fear of originality. The
fear of admitting we made a mistake.
The ability to acknowledge mistakes without
recrimination is what has made some
countries and some corporations extremely
powerful. It means that individuals arent
afraid of taking a chance, because nobody
will blame them if they were wrong.
Unless we learn this sort of thinking, we
have no hope. Unless we rebuild
institutions like An Garda Sochna from the
ground up, were condemned to repeat
forever Flann OBriens recurring, prophetic
nightmare of The Third Policeman.
[UPDATE] It now turns out that Callinan
resigned because of revelations that the
Gardai had been trampling on suspects
rights for decades.
Alan Shatter Resigns

May 7, 2014
Alan Shatter isnt the bonniest baby you
ever saw, but hes gone out with the
bathwater all the same in the wake of the
hairy baby, Martin Callinan, and that other
melancholy baby, Oliver J Connolly, the
confidential recipient who confidentially
received an elbow in the ribs from Shatter in
the first place.
Im sorry Shatter is gone, though I wont

miss his right-wing economic views or his
uncritical support of Israeli policies.
However, I will miss his progressive
approach to social issues, Ill miss the fact
that we no longer have a justice minister
without ties of any sort to the Catholic
church, and Ill miss the fact that he was
preparing to face down the entrenched
monopolies of the legal profession. With
Shatter gone, it will be a tougher job to
tackle the outrageous and inefficient legal
practices that bedevil our country, and it
might well be the end of the initiative to
deliver same-sex marriage. I suspect the
Iona Fringe are more than pleased by
todays announcement.
Shatter in office was a very different man
from Shatter in opposition. Condescending,
patronising and supercilious, the Brightest
Boy in the Class made little effort to disguise
his contempt for those of inferior intellect
you and me, in other words. Dont get me
wrong Ive always argued that we need a
higher calibre of intellect in our cabinet
ministers than the sort of apes weve had to
endure over the years, and perhaps thats
where the answer to the Shatter conundrum
lies. After all, in stooping to the sort of
shallow political jibe he used against Mick
Wallace, Shatter made himself no better
than the old-style Fine Gael fools he
previously towered over. Likewise, by letting
the mask drop, by being unable to hold
back a little bit of gossip about a
parliamentarian, Shatter exposed the
uncomfortably close relationship a justice
minister in Ireland has with the head of the
police force, thus reminding us that our
democracy isnt quite as secure as some
would have us believe.
Weve always known that An Garda
Sochna is given to unprofessional
practices, but the Wallace case is downright
sinister. Heres an elected representative,
Mick Wallace, stopped at traffic lights,
illegally talking on his mobile phone when
two guards pull up beside him. They dont
stop him, question him, caution him or issue
a ticket. Nothing official has happened and
yet, somehow, an account of the non-
incident finds its way to the Garda
Commissioner, who duly passes it on to the
Justice minister. Thats the really worrying
bit. Who considered this apparently
innocuous encounter at a traffic light
sufficiently important to pass it up through
the ranks? And why?
Not too long ago, another elected member
of our parliament, Clare Daly, was arrested
on suspicion of drunk driving. She was
handcuffed, brought to the station and a
sample was taken for testing. The next
morning, Gardai released details of the
arrest to the press. The tests subsequently
showed that Clare Daly did not exceed the
blood alcohol limit.
When the Garda ombudsman commission
reported suspicions that it had been bugged,
Shatter hurried to rubbish the suggestions,
even though the implications of such activity
threatened our democracy at a very
profound level. Likewise, when Garda
whistleblowers John Wilson and Maurice
McCabe sought to expose activities such as
fabrication of evidence or, as we used to call
it, framing innocent people, Shatter and the
Garda Commissioner closed ranks.
Thus it was that Shatter the maverick had
morphed into Shatter, the authoritarian
establishment man.
What a pity. Shatter has courage. Hes
sharp, intelligent, articulate and socially
liberal. Even Luke Ming Flanagan, of all
people, lamented his loss on radio today, but
Shatter had to go when the Guerin Report
came out. Even though we havent been
given the opportunity to read it, the report
seems to criticise his handling of all those
things the GSOC fiasco, the
whistleblowers, the penalty points scandal
and his breach of the law by revealing what
he knew of the Mick Wallace non-event.
In his dignified resignation letter, Shatter
complains that Guerin failed to interview him
but otherwise acknowledges his colleagues
of both parties and also the officials he
worked with.
I doubt weve seen the last of this fellow,
and while I cant say that I agree with all, or
even much, of what he stands for as a
politician, I can say this: hes not a gobshite.
In Irish political terms, thats praise indeed.
http://bocktherobber.com.cdn.ie/wordpress/wp-
content/uploads/2014/05/Alan-Shatter-resignation-letter.pdf
Its Time to Reform an Garda

Sochna
February 26, 2014
What is wrong with us? Why cant we just
admit what everyone knows, that there is
something fundamentally wrong with the
Guards?
Talk to any solicitor in any one-horse town
anywhere in Ireland, and theyll tell you that
guards routinely perjure themselves in court.
They all know it, and yet, when one of those
solicitors, by being a faithful political hack,
manages to attain a seat on the District
Court bench, the amnesia kicks in. The
newly-forged District Judge somehow
forgets what he or she has always known
when defending clients: the Guards are
dodgy.
They are. Compare them to their PSNI
colleagues north of the border if you want an
instruction in professionalism. The PSNI
stands up straight and calls the world Sir
while an Garda Sochna scratches its arse
and asks the world for All-Ireland tickets.
Who doesnt know that the Guards are
dodgy? Who hasnt encountered some thick
bully intent on losing hearts and minds by
intimidating law-abiding citizens? Who isnt
aware of the hawk system? We all know
that the Guards are dodgy. We all know that
they behave in a manner very similar to
organised crime gangs, including
intimidating solicitors who make the mistake
of opposing them.
Enda Kenny knows it, unless he grew up in
a different, parallel-universe Mayo where
dodgy guards dont exist. Of course he
knows it, and if he doesnt, Enda Kenny
should not be a politician.
I wouldnt be so sure that Alan Shatter
knows it, since he has such a privileged
cosseted background, but as a practising
solicitor, he should have at least an inkling
of wrongdoing.
Its time for a fundamental reform of the
guards. Its time for a proper policing
authority. Its time to separate the function
of national security and policing. Its time
commissioners were appointed by an
independent authority instead of the
government.
The training of Irish clerics and Irish police
has followed a broadly similar path
throughout the 20th century and the early
decades of the 21st. So has the
management of the two organisations, and
as a consequence, both organisations have
failed to move with the times, while those at
the top are resistant to criticism and those
on the front line showed a distinct
enthusiasm for abusing their power.
Trainee police are fed certain propositions
that they are required to believe and
implement, of which more later, but the
comparison doesnt stop there. The
Catholic church was in the habit of
hammering home its message by keeping
the faithful in constant fear and occasionally
by conducting a minor crusade against
some perceived vice or transgression,
however frivolous and unjustified that
campaign might be, and the Gardai do
precisely the same thing. More of that later
too.
Its all about power, not fairness.
Whats more, and while we all agree that
the majority of priests and policemen are
decent, honest people, there is a significant
number of nasty abusive types in their
ranks, people happy to use the power of
their uniform for personal gain or
gratification. But just as the Catholic church
had its Ryan and Murphy rinquiries, so an
Garda Sochna had its Morris Tribunal, and
all three reports found that the rottenness
permeated the entire organisation, though a
culture of cover-up and a reluctance on the
part of senior management to face up to the
truth.
But how could bishops or Garda
commissioners face up to a truth that they
themselves had experienced at first hand in
their formative years? The bishops went
through the same seminaries as the abusing
priests, and the senior Garda officers went
through the same training school as their
crooked colleagues. Abusive men
managed to become instructors. Bishops
and commissioners alike served under such
men, and they were required to avert their
eyes even though they knew full well that
abuse was taking place. Nobody wants to
be a Serpico when they have a mortgage to
pay and a family to raise. Or in the case of
priests, a housekeeper you might have
become very fond of. How would the
cultureof silence not become deeply
ingrained?
The problem is obvious: single-tier entry. In
most successful organisations, bright,
talented people are recruited straight into
positions of authority, but not in the church
and not in the Gardai, although things have
started to change there. For generations,
the Irish police were all inducted at a young
age and all went through the same
formation and indoctrination process, again
rooted in the 1930s and geared towards
producing a 1930s authoritarian plod, even
though the times had moved on. There was
no recruitment of qualified people from
outside. No professional management
techniques were employed in running the
force. Front-line police were engaged in
stamping forms at desks, just as they do
today.
I know somebody who worked in IT, and part
of his job was to maintain computer systems
in Garda stations. Even though he had an
official pass, he made a point of not using it.
Instead, hed walk up to the desk, point at
the door and wave his briefcase. They
always let him in without checking his
identity.
He got friendly with the Gardai, as always
happens when people work together, and
sometimes theyd ask him to fix their
personal computers. When he took the
machines home, hed find private
confidential police files on Irish citizens,
casually downloaded from the police
computer system and stored on the same
laptops that the cops children might later be
using to browse the internet. Security?
None. He found a complete lack of
professionalism in every way, from
slackness in managing the door security to
failure to protect the data.
I suppose part of the reason why cynicism
evolves in any hierarchical organisation,
whether church or police force, is the
knowledge that in order to succeed you
must toe the party line or else become a
maverick and do as you please without
getting caught. Being a maverick might
mean that you feel you have no hope of
recognition, or it might mean that you were
always in it for personal gain, and youre
quite happy to remain at the bottom, taking
whatever you can.
But for those who think they can rise
through the ranks, there are certain
formulae that must be repeated, even if they
dont believe a word of it, and so it was for
young parish priests as much as for young
sergeants. Admittedly, we dont have any
young parish priests these days, but all the
same, lets extend the comparison. Back in
the 1930s, a new parish priest might decide
to impress the bishop by stamping out public
dancing and other lewd practices, or he
might call to every house and demand daily
attendance at Mass. It was nonsense. He
didnt believe in any of it himself, but it got
him noticed by the bishop, and even if he
didnt get a promotion, at least hed be safe
from undue scrutiny.
Oddly enough, the very same dynamic is at
work today in the Garda Sochna.
I know it sounds like an anachronism from
the 1930s, and so it is, but when senior
officers meet up for strategic discussion,
someone always trots out this mantra.
Control the pubs and you control the
streets. Anyone who dares to disagree is
shouted down, and I know this from a very
well-placed source indeed. Its a
meaningless clich that might have had
some value 70 years ago but today makes
no sense at all. Nevertheless, every time
some new, recently-shaving lad makes
Sergeant, he feels the need to send his
minions out raiding the pubs to make sure
they obey the closing hours.
Im told that a new lad with peach-fuzz on
his cheeks has won his stripes in our local
station and is trying to stake his claim as top
dog on the streets. How? By trying to
intimidate grown adults. By alienating the
very people whose goodwill our police force
needs in an era far removed from the 1930s,
an era when the police are in real danger.
An era when they need the support of the
middle ground.
What are they doing instead? Just like the
priests, by being utterly stupid, theyre losing
the faithful. People will not be bullied.
Unless Sergeant Peach-Fuzz s a total idiot,
he must know that this activity has no value
whatever. Therefore, I can only conclude
that the young lad has made a very cynical
calculation indeed. His career is worth more
than the goodwill of the general population.
Its time our national police force had no

political influence of any kind exerted on it.
Its time for change.
The Smithwick Tribunal Report

December 5, 2013
I expected more from Peter Smithwick than
the report he delivered into accusations of
Garda collusion in the murders of Harry
Breen and Bob Buchanan.
Unfortunately for the families of those men,
were no wiser now than we were twenty
years ago about what happened, since the
learned judge made no findings of fact in his
summation of the Tribunals deliberations.
He hasnt even made a finding that would
stand up to the level of scrutiny required of a
civil court in Ireland and in Britain.
Peter Smithwicks conclusions seem to be
based entirely on his own personal intuition
about what happened on the 20th March,
1989, and those intuitions seem to be based
entirely on intelligence, otherwise known as
supposition, supplied very late in the day by
the British Army who, as we all know, have
no agenda whatsoever.
Dundalk Garda station was under
surveillance by the IRA from another house,
and therefore there is no need to assume
the existence of an informer, as Peter
Smithwick has done. Clearly, the Judge is
not familiar with Occams Razor. As he
confirms in his report, there is no evidence
of Garda collusion in the murder of the RUC
men and yet certain individuals have been
vilified and identified as participants in the
operation to kill the two officers. I think this
is wrong.
I also think its wrong that our Justice
minister should be apologising for the crime
when there is no evidence to confirm Garda
involvement, other than the feelings of one
man, Peter Smithwick. You might say hes
an eminent judge, and to that Id reply, which
of them is not eminent? Which of them is
not fallible?
Nevertheless, surprisingly for a senior jurist,
Peter Smithwick has set the evidential bar
extremely low in this case.
For the families, at least they now know the
facts of the murders, largely due to the
evidence supplied on behalf of the IRA,
ironically, but they still dont know how the
plan was formulated, or who transmitted the
precise details of the two officers
movements on the day they died. And
theyll never know, sadly because the IRA
will never give up that information.
There may have been Garda involvement,
and then again there may not, but Peter
Smithwicks report doesnt settle that
question one way or the other since in the
end, he acknowledges that hes not dealing
in facts, but only in feelings, hunches and
intuition. In his report, Smithwick draws
attention to the fact that an Garda Sochna
were less than helpful in his investigations
and alludes to failings in the force, just as
his colleague Fred Morris did seven years
ago. At that time, Morris drew attention to
the fundamental problems afflicting our
national police force. The spirit wearies, he
remarked, in a memorable summing up of
his dealings with them, and here we are
again, all this time later, with the
Commissioner dismissing the findings of yet
another judicial inquiry.
Smithwick might not be able to produce
evidence about the Jonesboro murders, but
he knows about his own dealings with the
Guards, and he condemns them in his
report for putting their own good name
above everything else.
What did the Garda Commissioner say?
The force described in this report is not the
force I lead.
This is nonsense. Martin Callinan rose
through the ranks. He knows all about
hawks. He knows all about planting
evidence. He knows all about Guards
standing together to perjure themselves. He
knows all about the culture of an Garda
Sochna, which regards itself as a group
separate from Irish society and which
demands deference with the implicit threat
that you might suffer if you dont provide
them with favours.
Im personally aware of lawyers who have
taken cases against this force and who have
later been victimised in a tangential way. As
one lawyer says, They might not do
anything to you personally, but maybe your
kids are in town. Theyll be stopped, theyll
be breathalysed every night.
I knew a Guard years ago who boasted of
placing pornography under a suspects bed
in order to cause conflict between him and
his wife.
In Ireland, we have a combined intelligence
service and police force, which is never a
good thing. Police should deal in facts and
leave the factoids to the spooks who are
trained to know the difference between
supposition, rumour and hard information.
Our police force is gossip-led and this is a
major problem for every Irish citizen,
especially since our police force is so
unprofessional that not a single one of them
made the shortlist in the interviews for PSNI
chief constable.
We need to thank Judge Peter Smithwick for
alerting us, yet again, to the dismal state of
our police force, but Im afraid he didnt
throw a whole lot of light on the brutal
murders of Bob Buchanan and Harry Breen,
two ordinary cops shot down like dogs by
people with no mandate to represent the
rest of us.
People otherwise known as thugs.
How much did the Irish taxpayer shell out for
a poorly-proofread report detailing the
witness evidence and a summary setting out
what the good judge felt in his heart of
hearts? I dont know, but I suppose it must
have been several million euros.
The Morris Tribunal and the Wall of

Silence
May 7, 2008
The sixth report of the Morris Tribunal was

published today.
If youve been reading this site for a while,
you might know something about the
disgraceful behaviour of the Gardai in
Donegal that led to the setting up of the
tribunal. They framed, suspects, beat them
up in custody, manufactured evidence, lied
to their superiors and ultimately tried to lie
their way out of the tribunal.
But Mr Justice Fred Morris is a crafty old
bird and he saw through the lies. Ill just
give you a flavour of what he said in his
report and you can read the whole lot on the
tribunal web site if you want to. Have a look
at these extracts in Morriss own words:
8 Once again, the Tribunal was faced with
Garda who were determined to hide the
truth of what happened. They made
statements to their superiors which were in
many instances minimalist in their detail and
failed to give a fully truthful account; in a
number of instances the statements were a
complete fabrication.
8 It was disturbing to find a deep seated

reluctance to concede that a colleague had
acted incorrectly or wrongfully or that the
complaints made by the detainees were true
the wall of silence was maintained.
Unfortunately, this approach extended to

and was encouraged by senior officers in
this investigation and in the overall
approach adopted by An Garda Sochna to
external complaints.
8 The deficiencies observed by the Tribunal in

the manner in which An Garda Sochna
acted in these matters, by their nature, are
not peculiar to Donegal. Issues of
accountability, tunnel vision, the proper
investigation of offences, the treatment of
persons in custody, and responsible
leadership of criminal investigations, are all
issues related to general policing.
8 The Tribunal has already referred to the wall

of silence that has been experienced in
dealing with policemen at home and abroad
when they are faced with allegations of
misconduct. This may be viewed with the
other phenomenon of Garda speak which
the Tribunal has encountered over the last
number of years, and an understanding by
Garda that they are expected only to give
the minimum amount of detail in respect of
any controversy in which the Garda are
involved.
Garda should give a full and truthful

account in every statement which they make
in all cases whether civil or criminal. It is
regrettable that such a basic proposition in
relation to telling the truth should have to be
spelt out in this way.
False evidence was manipulated by

members of An Garda Sochna in an effort
to implicate suspects whom the Garda
believed were responsible for the Late
Richard Barrons death. Proper methods of
investigation were not employed.
Statements were not properly taken from
witnesses.
Lies and negligence led to the arrest of

innocent people and the disruption of their
lives, at a terrible human and social cost for
some of them.
The most obvious forensic manifestation of

this disaster was the procurement from Mr.
Frank McBrearty Junior of a false
confession, which coincided to a large
extent with the incorrect theory upon which
the investigation had proceeded. The
statement itself was the product of a
complete and systematic failure of policing
at a number of levels, from the most senior
officers leading the inquiry, to those
conducting the interviews of certain
witnesses and suspects, and a failure to
analyse statements and evidence obtained.
In this jurisdiction, unfortunately, this has not

been a unique occurrence. The Tribunal is
now aware of the case of the Late Dean
Lyons, in which a false confession was also
obtained by members of An Garda
Sochna in the course of a murder
investigation. Thus, in two very serious
recent inquiries, two detainees have yielded
false confessions in respect of crimes of
which they were innocent.
This is only a small sample of the things Mr
Justice Morris has to say about our police
force. He accuses them of dishonesty,
incompetence, and institutionalised abuse of
suspects throughout Ireland. Despite what
the Justice Minister, Brian Lenihan
suggested today, it was not the work of a
small number of policemen in Donegal. This
problem is nationwide, and anyone who
takes the trouble to read Morriss reports will
be able to see that plainly.
At a time when we need it more than ever,
our police force is in deep trouble because
of a lack of professional management,
professional standards and professional
skills. Its a cloistered, monastic cabal that
regards the population at large as the
enemy. Its quite willing to harass the
average citizen for a minor infringement
while at the same time being more than
happy to avoid confrontation with the
serious criminals who threaten the very
existence of civil society.
If our police force is such deep trouble, then
we, the citizens are in very serious danger,
and nobody in government seems to have
the imagination to see that and do
something about it. Fred Morris has done a
tremendous job protecting our democracy,
and yet Brian Lenihan cynically tried to bury
the report by releasing it on the same day a
new Taoiseach takes office. This is a
disgrace, but its revealing. This shows you
a political mindset that cant see the danger
in having a corrupt and demoralised police
force.
We are in big trouble.
oull remember Mr Justice Frederick Morris,
chairman of the Morris Tribunal,
investigating the Donegal guards. Well, he
hasnt gone away, you know. Yesterday, his
reports on three modules of his investigation
were released and they make interesting
reading. Its worth quoting what he says
about our police force nationwide:
The Tribunal has been staggered by the
amount of indiscipline and insubordination it
has found in the Garda force. There is a
small, but disproportionately influential, core
of mischief-making members who will not
obey orders, who will not follow procedures,
who will not tell the truth and who have no
respect for their officers.
You remember John White, dont you? This
is the sergeant who vehemently denied
farting at a suspect. He accepted that he
had imprisoned two entirely blameless
women, intimidated them, shouted at them,
kicked chairs around the interview room and
shown them post-mortem photos of a dead
man. But he definitely didnt fart at them.
Well, John White, as you may know, was
recently acquitted of planting a sawn-off
shotgun at a tinkers camp so that he could
later find it and arrest some people. The
State failed to meet the criminal burden of
proof , which is proof beyond all reasonable
doubt, and so White was let off.
In his reports, Fred Morris said that White
did actually plant the shotgun. Whats this
about? Well, there was a murder in 1998,
and White got a hint from somewhere that
the tinkers were involved. So he decided
that the best way to investigate it would be
to plant a shotgun at the camp, and then
arrange a search party so that he could
arrest the suspects when they found the
weapon. Which is exactly what happened. A
search warrant was issued by Supt Kevin
Lennon (of whom more later), the gun was
duly found and the tinkers arrested. They
were held for a while but never charged.
Lets just quote Morris on the search
warrants: The lies that have been told by
Det Sgt White and Supt Lennon on this
aspect make it impossible for the Tribunal to
establish exactly when they were issued.
Charming.
After White was charged with planting the
gun, the Tribunal found that three other
guards formed a conspiracy to corruptly
invent a story as a defence for him. They
tried to frame two guards who had nothing
whatever to do with the matter, in an effort to
implicate them in planting the gun. Morris
again: All three men were determined to
make trouble at every hands turn and to
create as much black mischief through lies
as would defeat any legitimate inquiry for
the truth.
Then you have the bomb on the transmitter.
Lets talk about the bomb on the transmitter.
The local people in Ardara had a television
deflector mast that re-broadcast TV signals
to peoples homes at no cost. Then the
whole thing was regulated in such a way
that businessmen could charge you for
giving exactly the same service as you had
before for free, which was a great help to
the ordinary people of Ireland. I believe it
might have been introduced by the well-
known crook, Ray Burke as minister for
Communications. There were protests,
understandably. Somebody set fire to a
container-load of equipment belonging to
the new operator of the TV service, and
White was determined to make arrests.
What did he do? Did he take fingerprints?
No. Did he deduce through inescapable
detective logic who the perpetrator must
have been? He did not. Did he set up
surveillance and painstakingly build a case?
Did he fuck. He planted a fake bomb on the
mast, made out of bangers, and then he
arrested three local guys for it.
Right, well what about the silver bullet
affair? Well, we have to go back in time a
little, because I know this could be confusing
to a lot of people. It certainly confuses me.
This is an offshoot of the earlier attempt to
set up the McBrearty family for a murder
that never happened. Briefly, a man called
Richie Barron was knocked down and killed
in Raphoe. As a matter of interest, nobody
has ever determined who was responsible
for the hit-and-run killing, and it remains a
mystery to this day, though if you read
through the facts, you would have to be very
dense not to come to certain conclusions.
Morris speculates on this in his earlier
report, and hints heavily in a certain
direction though hes obviously constrained
in saying what he really thinks. But whatever
else you can say on the matter, the Guards
were determined to secure a conviction for
it, and anybody would do, it seems. Well,
almost anybody. They decided to frame the
McBrearty family who owned a pub and
night-club in Raphoe, and falsely arrested a
large number of people as well as
fabricating evidence.
After the Guards failed to pin anything on
the McBreartys concerning the death of
Richie Barron, they launched a campaign of
harassment against them that involved
stopping them on the road, objecting to their
pub licences and using agents
provocateurs, including the dimwit, Bernard
Conlon. Let me give you a little background
on Bernard Conlon. This guy, it would be
safe to say, is as thick as a fucking plank.
He has convictions for burglary, theft,
malicious damage, indecency, malicious
damage and cattle-maiming. Cattle
maiming? Whats that? Does Bernard say to
his mother, Im away out now and damage
a few cattle there, aye, right enough,
damage a couple of cows and that there.
Seeya later, hey. OK. Whatever it might be,
thats Bernard. Not the sharpest knife in the
drawer. One sandwich short of a picnic. One
pint short of a hangover. One banana short
of a fruit salad. One lunatic short of an
asylum.
So Bernard was encouraged to go into
Frankies as the McBrearty establishment
was known. And he was encouraged to
have a few pints, which I dont imagine was
a difficult task. And he was encouraged by
White to have a drink after hours so that he
could be found on in a raid on the pub, as
part of the harassment campaign.
Now, you might remember Mark McConnell
and Michael Peoples, members of the
extended McBrearty family. These guys had
previously been arrested in connection with
the supposed murder of Richie Barron, and
subjected to harsh treatment by the police,
though they were innocent because there
was no murder.
Bernard Conlon, now living in Sligo, made a
statement to the guards that he had been
approached by two men who threatened him
by showing him a silver-coloured bullet.
Theres one for you and another for White.
He later stated that the two men were Mark
McConnell and Michael Peoples. The Sligo
police investigated and the two men were
picked up for questioning. At the same time,
Sgt White and Sup Lennon, discovered that
Conlon knew the two men by sight and
should have identified them immediately, but
didnt bother to tell the Sligo guards because
it suited them to have the men harassed.
Anyway, they were too busy prosecuting the
McBreartys for licensing breaches and
anything else they could think of. (To me this
is all a bit fishy, but its as far as the Tribunal
can go on the evidence put forward. I dont
think Lennon or White became aware of
anything, and Morris hints at this in his
report).
Jesus Christ Almighty. Where are we going
here? What are we talking about?
Well, were talking about our national police
force, of whom Morris has been hugely
critical. He has explicitly stated that the
malaise is not confined to Donegal but is
nationwide and extends throughout the
force. Were talking about an organisation
that guarantees our constitution, and yet
which contains many members who think
themselves above the law. Were talking
about the survival of our country as a
democracy.
This is something I quoted in an earlier
piece, from an earlier Morris report. The
spirit wearies at the lies, obfuscations,
concealments and conspiracies to destroy
the truth that would be apparent to any
reasonable person. After these reports, Im
more worried than ever.
The opening quote is worth repeating: The
Tribunal has been staggered by the amount
of indiscipline and insubordination it has
found in the Garda force.
The RUC was closed down for less.
GARDA DENY EVERYTHING
The Morris Tribunal took a further twist
today when Garda Joan Gallagher denied
ever having done anything. Throughout the
questioning, Gda Gallagher addressed the
Tribunal in the Garda Dialect.
I gave my entire fucking life to camogie,
you pathetic piece of fucking slime, insisted
Gda Gallagher. Apart from pucking sliotars,
I never done one other thing in my entire
life. I dont even remember joining the
fucking Guards, so I dont. In fact, I never
joined the Guards, and any bastard who
says I did is a liar and a prick, so they are,
right enough. From I was a wee fucking
weeun, all I wanted in my hand was a
camn. Aye. Thats right. Fuckin right.
Aye, surely.
Pressed on this point by counsel for the
Tribunal, Gda Gallagher went on to explain
that apart from playing camogie, she had
literally never done anything at all.
Counsel: Did you go to school?
Gda Gallagher: No! You lying fucking
bastard!
Counsel: Did you ever push a sheep off a
cliff?
Gda Galagher: Certainly not, you miserable
lying fucker!! Well take your children away!
Counsel: As a child, did you play with your
friends?
Gda Gallagher: I played camogie, on my
own. Stand up, you fucker. Do you want a
thick fuckin lip?
Counsel: Did you have a social life?
Boyfriends, perhaps?
Gda Gallagher: I wanted no boyfriend. I had
my camn in my hand and thats all I
needed, you snivelling little prick.
Counsel: But surely, when you applied to
join the Gardai . . .
Gda Gallagher: I deny that, you wanker! I
deny every fucking thing youre suggesting.
That man was drunk and aggressive and he
assaulted eleven gardai on the bus. I saw
him do it and we all swore to it in court Oh,
sorry, you wee arsehole, what was the
question again?
It was another day of dramatic
developments at the Morris Tribunal. In an
emotional statement, Detective Sergeant
John White denied breaking wind in a
suspects face. Read my lips, said Sgt
White. I did not fart at that woman.
The statement followed earlier admissions
by another detective in the Donegal division.
Garda John Dooley confirmed that two
women, Roisin McConnell and Katrina
Brolly, were called lying bitches, one was
forced to pray to her dead father while the
other had her hair pulled as gardai accused
Mrs McConnells husband Mark of murder.
Both women were forced to look at graphic
post-mortem photographs of the dead mans
body. Garda Dooley has given a sworn
statement admitting that he, along with Sgt
White and a female garda, abused the
women in custody.
Admitting that he had lied to the Tribunal,
Sgt White said that both women were
abused and mistreated during their time in
custody. He went on to state that they were
blameless and their treatment while in
custody was inexcusable. He said his role
was to break the suspects and that the
strident, aggressive methods he used were
similar to those employed by the Gardai in
investigations everywhere he had worked.
For many years previously, Sgt White was
based in Dublin.
However, Sgt White, clearly close to tears,
said in a whisper, I might have done a lot of
bad things in my time, but I didnt fart. After
a pause during which he withdrew behind a
screen to collect himself, an emotional
White revealed to a hushed courtroom that,
due to a troublesome condition, he is unable
to fart. Its not physical, he confided, Its
emotional. When I was younger, I used to
fart the whole time. Morning, noon and
night. But not any more. Its ruining my life
and I just dont know what to do about it.
At this point, Sgt White became visibly
upset, and the Chairman adjourned the
Tribunal for the afternoon. Thanking Sgt
White for his frankness, Mr Justice Morris
remarked that if all men with this problem
could speak so openly about it, perhaps
society would show more understanding
towards this distressing complaint. Perhaps,
Mr Morris suggested, Sgt Whites
aggressive, bullying behaviour was simply
an attempt to compensate for his inability to
fart.
In a further development, it has emerged
that Sgt White is shortly to travel to
Guantanamo Bay as part of a special
research project into the use of cabbage in
interrogation.
WHO KILLED RICHIE BARRON?
Three questions.
Who was drunk-driving in Raphoe on the
night of the 13th October 1996 ?
Who knocked Richie Barron down, and
drove away?
Why did the guards try so hard to frame the
wrong people for Richie Barrons death?
Answer these questions and youve solved
the whole Morris Tribunal riddle. The answer
seems obvious to me.
THE WORSE GARDA IN EUROPE
Did you ever hear of Frank Shortt?
Probably not, but I wont be long telling you
who he is.
Frank Shortt owned a bar in Donegal, and in
1995 he was convicted of allowing drugs to
be sold on his premises. The bastard, you
might say. Indeed.
In its judgement last Wednesday, the Irish
Supreme Court increased an earlier award
to Frank Shortt for miscarriage of justice
from 1.93 million euros to 4.5 million euros.
He was imprisoned, lost his business, his
family and his health and was struck off as
an accountant because Irish policemen lied
to put him in jail. As Mr Justice Hardiman
remarked in his judgement, Frank Shortt
was perjured into prison by the Irish police.
This was one of the most damning
judgements ever handed down by the Irish
Supreme Court and continues a long line of
disastrous investigations into the most inept
and corrupt police force in Europe.
You only have to read the Morris report to
see what these guys are like.
Heres Mr Justice Morris, quoted in an
earlier post:
These are the people we pay to stand
between us and the criminals. Maybe we
should reconsider. Maybe we need to pay
criminals to stand between us and the
Guards. Maybe there isnt any difference.
CORRUPT GARDA, POLICE AND
THIEVING EVIL GREEDY FUCKS,
DISHONEST
I see that the membership of an Garda
Siochana are upset at the prospect of our
having a police reserve. They dont think its
a good thing to have amateurs carrying out
a policing role, and, instead, they want more
trained Guards on the streets to fight crime.
All well and good, but heres a curious
paradox for you: even though this is true,
the Gardai are still talking bullshit. To
understand why, you have to analyse
carefully the words in the first paragraph,
because certain unwarranted assumptions
are being made there. Dangerous
assumptions, based on complacency and
mental laziness, not to mention dishonesty.
Firstly, as far as using amateurs in a policing
role goes, wheres the evidence that we
have anything but rank amateurs at the
moment? This is a force which is capable of
setting the most astonishing priorities for the
use of its supposedly limited resources.
Such as? Well, for instance such as sending
four or five police to break into a house at
dawn and arrest a woman for non-payment
of a parking fine! If you dont believe me,
scan recent news reports about this case.
Not only did they drag the woman from her
bed, handcuff her and force her into a police
car, they then crashed the car and injured
their prisoner, who was duly awarded
damages by a court of law. What??
But, youll say, thats only one isolated case.
Is it? Well, what about the genius strategic
planner who decided it was a good idea to
raid an alcohol-free teenage disco because
it was being held in a hotel bar, even though
the bar counter was locked? Or the hero
who went camping in the Aran Islands, had
a few drinks and later returned to his tent,
got into his uniform and promptly raided the
pub for serving after hours.
And while were on the subject of formidable
Garda intellects, could somebody throw light
for me on the planning for the Love Ulster
march? Anybody?
Hello Mr Guard. Grand stretch in the
evening, thanks be to God. Grand stretch
right enough.
Oh, hello, Mr March-Organiser. I see the
nights are closing in a bit.Thats right. We
wont feel it now till Christmas. No. Look, we
were thinkin of havin a wee bit of a march
there, right enough. Wee march.
Were ya now? Gob, theres great dryin out
today all the same.
Aye. We were thinkin of maybe marchin a
couple of loyalist bands down OConnell
Street there to the GPO, comin up till Easter
time, maybe the day of a big Celtic match.
And that there.
Right. Right. A kind of march, as such.
Aye. Past that there huge pile of loose
bricks. Do you see any problem with that
there? Loose pile of bricks and all? Marchin
bands? Flutes? Sash? Celtic? And that
there. Right enough?
Oh God no. Therell be no problem with that.
Not at all. Thatll be grand. Seeya on the
day, so. Grand. Fine. Isnt there a grand
stretch in the evening, thank God, all the
same?
Yes indeed. All isolated cases.
Im beginning to feel weary.
I was in a quiet pub not too long ago, just on
closing time on a Tuesday night, when two
Guards walked in, ordered everybody out
and waited in the street until the place was
empty. That was their priority at 11:30 on a
Tuesday night in Limerick. To clear six or
seven people from a pub where there has
never been the slightest trouble. And
furthermore to wait in the street until all the
desperate miscreants had vacated the
establishment. Now, this might seem like a
trivial matter, and thats exactly what it is. A
small, ridiculous incident. However, I think it
illustrates perfectly the hollowness of all this
talk about Garda resources. Trained, highly-
paid police are using their time in such petty
pursuits. It points towards a total absence of
any sense of perspective, an inability to
manage resources in any meaningful sense,
an inability to prioritise and an almost
complete lack of management in any
modern sense. Another isolated case.
Im sure everybody has their own isolated
cases they could tell you about, and
ultimately every example is an isolated
case, but so is every arbitrary arrest, every
unfounded prosecution and every instance
of perjury.
Perjury? Jesus Christ, now hes calling the
Guards liars!
OK. Dont listen to me, then. Instead have a
look at these quotes:
8 the spirit wearies at the lies, obfuscations,
reasonable person
8 This entire matter could have been ended
within months had there not been a
determined effort to conceal the truth in
favour of a twisted version of reality
This process of investigation has been
delayed by contempt for the truth.
8 Some Garda witnesses told lies or simply
refused to answer on the basis of a warped
interpretation of the right to silence.
8 When an obligation to answer was in place,
lies replaced silence. The extent of this was
both astonishing and wearisome. It has
wasted time and money in abundance.
Who do you think wrote these things? Was it
some rabid kaftan-weaving peace-marching
Ego Worrier, such as my good self? No. It
was not. The author of these remarks was,
in fact, Mr Justice Frederick Morris,
President of the High Court, and he
expressed these views in May 2005, in his
report on the Donegal Garda division. Less
than a year ago.
Dont get me wrong. I think we need a
strong professional police force. I just dont
think we have one. Instead of a police force,
it seems to me that we have a clan, a tribe,
which regards the rest of society with
suspicion and approaches people
sometimes with undisguised aggression.
Who hasnt been on the receiving end of
boorish, disrespectful behaviour by some
Guard on a power trip? Annoying though
such an experience can be, Im afraid this
has a more worrying consequence. Any
force such as our own must police by
consent, and unfortunately it seems that
many members of the force are busily
eroding the support of the very law-abiding
people they need on their side.
It seems to me that the root of this problem
lies in the culture of the training regime.
Many guards in a quieter moment will tell
you that they learned in Templemore to see
everybody as a potential criminal. Often
overlooked and, to my mind, very revealing
is the terminology used by our police force
in referring to individual officers. Do you
know of another country where police refer
to each other as members?
GARDA Anti-social Behaviour Orders are
ready to roll. According to todays papers,
the adult version will be available for the
new year, with childrens asbos following in
a couple of months. I see also, however,
that the Guards wont be ready to implement
it because their Fancy-Dan computer
system isnt up to the job.
I refer, of course, to the PULSE system,
introduced about ten years ago to a great
fanfare. The PULSE acronym, you might
already know, is one of those tortured plays
on words beloved of geeky tekkie people:
Police Using Leading Systems Effectively. I
didnt like it when it came out, and I still dont
like it. When they introduced it, I called up
the Commissioner and explained my
concerns.
Why dont you use my one instead? I
demanded. Cops Using New Technology
Successfully.
He wouldnt listen to me, the ignorant git,
and thats why theyre stuck now with
PULSE.
So anyway, they cant enforce the asbos
because they have no skobe database,
though this doesnt seem such a problem to
me. After all, how much organisation does it
take to round up scumbags and shoot
them? You dont need their names, just a
three-item checklist.
Haircut? Check!
Ear-stud? Check!
Tracksuit? Check!
Good work lads. Just line them fuckers up
there and stand back. Good man.
To my way of thinking, we wouldnt need
asbos if the Yanks would only think again
about whacking Saddam. Dont
misunderstand me now. Im not against his
hanging because I think the death penalty is
repellent. In fact, theres plenty of fuckers
out there who should swing. No, I just think
hanging him is a terrible waste. After all,
even though he is a monster and a mass-
murderer and a tyrant and a despot, hes
also very experienced. Hes a tyrannical,
monstrous, despotic mass-murderer with
years of experience at suppressing
opposition. I think Saddam is the very man
we need to sort out scumbags. Never mind
these fuckin asbos. Just give Saddam a
pardon and send him over here. Well look
after him and make him Minister for Skobes.
THE IRISH PEOPLE ARE LOSING TRUST
IN GARDA POLICE FORCE
Anti-social Behaviour Orders are ready to

roll. According to todays papers, the adult
version will be available for the new year,
with childrens asbos following in a couple of
months. I see also, however, that the
Guards wont be ready to implement it
because their Fancy-Dan computer system
isnt up to the job.
concerns.
Successfully.
PULSE.
Haircut? Check!
Ear-stud? Check!
Tracksuit? Check!
Fennelly Report, and the Government

are silenced
The Fennelly Commission was set up in the midst of a
string of controversies to dog Enda Kenny, the justice
minister, and the garda and so we have to look at the
political context of everything thats flowed from it,
THE Fennelly Commission of Inquiry was set up in record
time in the white heat of a political controversy on March
24 last year.
Its primary remit was to investigate the systemic recording
of telephone calls at regional Garda stations, a practice
that had come to light as a result of a court case over the
previous few months.
However, the recording issue was just the latest of a string
of controversies that had dogged Enda Kenny, his minister
for justice and the garda on a near weekly basis in the
first quarter of 2014. As such, Fennelly and everything
that has flowed from it, is all about political context.
The controversies had eroded political capital which Mr
Kennys people believed would accrue following the exit of
the troika the previous Christmas. It was against this
background that Fennelly was set up with no preceding
scoping inquiry or even public controversy.
Then, contrary to the usual practice, Fennelly was set up
with no preceding scoping inquiry, or even public
controversy. All of that was enough to raise questions
about the real purpose of Fennelly, but when the
resignation of garda commissioner Martin Callinan was
thrown into the inquiry nearly as an afterthought, the
questions began to multiply.
Martin Callinan
By March of last year, the Government had it up to its ears
with Garda controversies.
Problems with abuse of the penalty points system had first
surface nearly 18 months previously. It wasnt dealt with
properly, and the persistence of the garda whistleblower
Sgt Maurice McCabe ensured that the issue remained in
the public spotlight. In January, he had appeared before
the Public Accounts Committee, a forum he had sought
out in desperation after his efforts to highlight the abuse
ran into the sand elsewhere.
Sgt Maurice McCabe

A week before Sgt McCabes appearance behind closed
doors, Callinan gave evidence. In the course of a long day,
he responded to questions about McCabe and retired
garda John Wilson by suggesting their actions were
disgusting. The remark generated controversy, but Mr
Callinan ultimately appeared to have weathered the
storm.
A few weeks later, The Sunday Times published a story
that the Garda Sochna Ombudsman Commission (GSOC)
had investigated a suspected case of the bugging of its
office. Since the business of GSOC was investigating the
garda, suspicion for any such actively immediately fell on
elements within the force.
Then justice minister Alan Shatter reacted by hauling in
the chair of the GSOC Simon OBrien to be carpeted for
not informing the minister that such a probe had taken
place. Mr Shatters primary concern was not whether
GSOC had been bugged, but that he hadnt been informed
of any investigation into the suspected bugging.
The commissioner and Garda associations also
condemned GSOC. The controversy rumbled on until a
retired High Court judge John Cooke was appointed to
investigate the whole affair.
If that wasnt enough to occupy Mr Shatter and Mr
Callinan, Sgt McCabe had more. The turbulent cop met
Michel Martin, at the request of the Fianna Fil leader one
Friday evening in Portlaoise in February.
He furnished Mr Martin with a dossier of at least 10 cases
that highlighted incompetence and cover-up within the
force. The most serious case involved the release on bail
of a man who went on to murder a young woman in
20007. The court which released him had not been
informed that he was already on bail for a serious assault.
These cases had all been investigated internally in the
force, and Mr Shatter had been informed about them, yet
had not seen it necessary to appoint an outside body to
investigate. Mr Martin informed Mr Kenny of the dossier
and brought his concerns to the floor of the House. Within
days, Mr Kenny decided to appoint a senior counsel to do
a scoping exercise and determine whether a full
commission of investigation was required.
With two probes under way, and the penalty points matter
also parked, it looked as if the Government and the force
had moved past the controversies for the foreseeable.
Then along came the most able of them all, Leo Varadkar
to deliver a major headache to his boss.
At a road safety conference on March 20, Mr Vardakdar in
his capacity as minister for transport, called on Mr Callinan
to withdraw his disgusting remarks. He said the service
rendered by the two men in highlighting abuses had been
distinguished.
Four days previously, the chair of the Road Safety
Authority Gay Byrne had used his Lyric FM programme to
call on Mr Callinan to apologise to the two men, but a
government minister adding his tuppence worth cranked
up the pressure by a rate of knots.
The following day, Mr Kenny was asked about Mr
Varadkars intervention. Id certainly have a preference
that if any minister who has an issue to raise that they
raise it at the Cabinet or raise it when we could have
discussions or deal with them, rather than have them
aired in public, he said.
The problem was that Mr Kenny and those around him had
let the matter sit for two months, and had no intention of
saying anything that might generate controversy,
irrespective of how valid the issue might be.
Labour quickly moved to ensure they wouldnt be
outflanked on the right in calling for proper accountability
in the force. Ruairi Quinn, Eamon Glimore, and Joan Burton
all rallied to Leos standard.
As the weekend approached, garda sources made it plain
that Mr Callinan felt he had nothing to apologise for.
That was the background behind what transpired over the
next few days.
On Sunday, March 20, Mr Kenny got word from his
attorney general about the telephone recording issue. In
the course of preparing for a case being taken against the
force and the state by Ian Bailey, the tape recording
regime had been discovered in Bandon garda station.
Further inquiries revealed that this was standard practice.
Potentially, an appalling vista was opening up. What if
there was some privileged material taped? Could this lead
to convicted offenders being released from prison?
One way or the other, another controversy was arriving
from over the horizon for the government. On the Monday
evening, Mr Kenny dispatched the secretary general of the
Department of Justice Brian Purcell to the home of Mr
Callinan. Despite a close working relationship, it was
unheard of for Mr Purcell to visit Mr Callinan at home
not to mention at 11pm with little notice.
Brian Purcell
According to Mr Kenny, Mr Purcell was to convey the
Cabinets concern about the issue that was emerging.
Crucially, whatever about his handling of the other
controversies, there was precious little blame that could
be attributable to Mr Callinan for what was emerging
about the taping in stations.
The following morning, Mr Callinan resigned. Later that
day, Mr Shatter announced that a commission of
investigation was being established into the recording in
stations. There was no scoping inquiry, nothing to examine
whether this was a serious issue of a ball of smoke.
With Mr Callinan now gone, and a commission set up to
investigate the latest scandal, the political heat could be
taken out of garda matters.
Except, the manner of Mr Callinans departure opened up
a new controversy. Was he sacked? If so, the Taoiseach
had acted outside his powers. A commissioner can only be
removed on foot of a cabinet decision.
Michel Martin got stuck into Mr Kenny in the Dil. You
essentially sacked him. You sent a senior civil servant out
to the commissioner the day before the cabinet meeting,
he said.
Michel Martin
Mr Kenny denied any such allegation and again claimed
after the publication of the report yesterday that he had
been vindicated.
In the end, the Government decided to shovel Mr
Callinans departure into Fennelly. This took the heat out of
the latest scandal, but was arguably an abuse of the
commission of investigation process. In any self-respecting
parliament, questions in relation to the departure of a
garda commissioner would be dealt with by a
parliamentary committee.
Thats not how we do things here. Fennelly took over a
year to investigate an issue that involved interviewing a
few dozen people at most, and examining a small number
of files.
Three of the witnesses including the Taoiseach were
recalled by the chairman to give further evidence after a
conflict arose.
Finally, there is a result, but one that is unlikely to answer
fully the questions about Mr Callinans departure, quell the
political fallout or the reasons why the matter was not
examined in the proper forum of parliament.
Fennelly Report
https://assets.documentcloud.org/document
s/2325124/fennelly-report.pdf
Report on Whistleblower's Claims Recommends No Action Be
Taken. ... "The Houses of the Oireachtas have been totally
vindicated by the report." ... Publication
A report into allegations by a whistleblower working with the
banking inquiry has recommended no further action be taken.
Senior counsel Senan Allen was asked to investigate claims by
a former investigator with the committee. In his report back to
the Oireachtas commission he rejected the allegations. It is
understood he made one finding, which was that no further
action was required.
A source said: "The Houses of the Oireachtas have been totally
vindicated by the report."
The whistleblower worked as part of the investigation team at
the committee and made a number of allegations about those
working with the inquiry.
The whistleblower submitted an 82-page document under the
Protected Disclosures Act
Alan Shatter quit after Taoiseach
phoned him and made it clear he
had to go
Enda Kenny called the Justice Minister early yesterday morning
after reading damning Guerin report into handling of garda
whistleblowers
8 MAY 2014
Alan Shatter finally quit his Cabinet post yesterday after

the Taoiseach phoned him and made it clear he had no
choice but to go.
Last night it emerged that Enda Kenny made a crunch
call to the Justice Minister yesterday morning after
reading a damning report into his handling of
allegations made by garda whistleblowers.
The Taoiseach called the Attorney General at 6 am after
reading Sean Guerin's report and then contacted Mr
Shatter.
It is believed he made it clear to his Justice Minister that
he had no choice but to resign.
The news emerged as Enda Kenny and Eamon Gilmore
were locked in talks last night to discuss the findings of
the Sean Guerin report.
The Taoiseach and Tanaiste explored the 300-page
report which pushed Minister for Justice Alan Shatter
out.
It is believed the two discussed the resignation of Mr
Shatter and the damning allegations contained in the
report.
Sources close to Garda whistleblower Maurice McCabe
said he had not seen the report but had been
interviewed four times by Mr Guerin.
It is believed the sergeant had no idea Minister Shatter
would step down as a result of the inquiry.
The replacement will be announced at 10.45 tomorrow
with the successor then whisked to Aras an Uachtarain
to seal the deal.
Sarah Bardon
Alan Shatter has stepped down as minister for justice.
4:38 PM - 7 May 2014
Sarah Bardon
Taoiseach Enda Kenny says the report by Sean Guerin

into Garda malpractice is the reason for Minister Shatters
resignation.
4:40 PM - 7 May 2014
Enda Kenny told the Dail: "In the interests of the entire
situation, he made up his mind and tendered his
resignation which I accepted with reluctance."
The Taoiseach also revealed the Guerin report is likely
to be published on Friday morning, after the Attorney
General has had an opportunity to assess the
confidentiality impact.
Sarah Bardon
Sean Guerin recommends a Commission of Investigation

into claims of Garda malpractice by Maurice McCabe
4:45 PM - 7 May 2014
The Taoiseach announced that a special commission of
investigation will be set up to look at the handling of
serious allegations against the gardai.
Alan Shatter wrote a resignation letter in which he said
to Enda Kenny: "I believe you are an extraordinary
Taoiseach doing an extraordinary job."
The resignation letter mentioned the fallout from the
Guerin report could create "difficulties for the Fine Gael
or Labour parties" in the period up to the election.
He said: I am anxious that any controversy that may
arise on publication of the Report does not distract
from the important work of Government or create any
difficulties for the Fine Gael or Labour parties in the
period leading into the European and Local
Government elections."
He added: It is my judgment that the only way in which
such controversy can be avoided is by my offering you
my resignation from Cabinet."
Sarah Bardon
Enda Kenny to announce Shatter replacement later this

evening. Guerin report to be released on Friday.
4:41 PM - 7 May 2014
It comes in the wake of a report which found Mr
Shatter broke Data protection laws by revealing a run-
in Mr Wallace had with the cops live on national
television. Following publication of that report
yesterday, Mr Wallace called on him to quit.
Speaking last night, Deputy Wallace said the Minister
believes he is above the law and must resign
immediately.
He said: He breached the Data Protection laws, he
abused his office. He should step down.
Alan Shatter must step down after he broke the law by

revealing personal information about him, Mick Wallace
insisted last night.
The Justice Minister contravened the data protection
laws by revealing a run-in Mr Wallace had with the cops
live on national television.
Data Protection Commissioner Billy Hawkes rejected
Minister Shatters claim that it was in the public interest to
release this information.
Data Protection Commissioner, Billy Hawkes

believes he is above the law and must resign immediately.
Minister Shatter said he was considering his options but it
is believed he will appeal the decision.
But Mick Wallace last night insisted Mr Shatter used the
information for personal gain and had abused his office.
The Independent TD: As to what I do with it remains to be
seen.
I have got to take legal advice as to how to proceed. I
dont know of all of the options available to me.
Mr Wallace did not rule out seeking damages under data
protection laws.
If he does take the matter to court, there is no cap on the
amount he could be awarded as it is at the discretion of
the court and was unpredictable.
One legal source said last night it could be anything.
During a heated Prime Time debate on the penalty points
system last May, Mr Shatter revealed the TD had been
stopped by gardai at the Five Lamps in Dublin for using his
handset behind the wheel.
He added the Wexford TD was cautioned and warned not
to do it again but there was no official record of the
incident.
Former Garda Commissioner Martin Callinan gave the
information to the minister who then told the nation.
Garda commissioner Martin Callinan (right) and Justice

Minister Alan Shatter (Photo: Niall Carson/PA Wire)
The report by Data Protection Commissioner Billy Hawkes
said the Minister broke the law but insisted Mr Callinan
was in the right as he was obliged to keep the minister
informed of such matters.
In a statement last night, Mr Shatter said he had already
apologised to the TD and admitted it was a mistake to
reveal the information.
But it is believed he will appeal the reports findings.
He said: As the Data Protection Commissioner
recognises, both sides have a right of appeal and I am at
present examining the decision closely with a view to
taking any appropriate further legal steps as may be
advised.
The decision which the Data Protection Commissioner
has made in this complex area of the law raises issues of
fundamental importance which I believe need to be further
considered in the public interest.
I do not intend to comment any further at this time. In his
submission to Mr Hawkes, Mr Shatter said it was
legitimate to counter Deputy Wallaces criticism of Garda
discretion by revealing how he benefited from it.
He said he made the revelation in the presence of Mr
Wallace who had the chance to defend himself but did not.
Mr Shatter added: The public deserved at the very least
to be apprised of the inconsistency in his position.
He had previously benefited from the exercise of
discretion by An Garda Siochana in relation to a road
safety matter which discretion he now wrongly
characterised as unlawful.
I would stress I did not accuse Deputy Wallace of any
wrongdoing or unlawful conduct.
I believed at the time detailing that inconsistency was
appropriate and legitimate.
lt challenged his assertion that members of the public
should never be assisted by the exercise of the Garda
discretionary powers under discussion. However, the
Commissioner disagreed and said it was not necessary in
pursuit of his legitimate interests.
Mr Wallace last night insisted Mr Shatter had no option but
to resign as Justice Minister.
TD Mick Wallace said he couldn't remember being stopped by

gardai
However, he admitted he wasnt hopeful it would happen.
He said: I dont expect the Minister to stand down.
I dont expect the Taoiseach to get up and say he has lost
confidence in him.
The Taoiseach continues to support him 100% and he will
continue to do so. It is clear the people of Ireland have lost
confidence in the Minister for Justice.
He claimed Mr Shatter had abused his office to score
cheap political points but it had come back to haunt him.
Mr Wallace added: He challenged the Commissioners
findings it was one excuse after another.
But I think the minister feels he should be above the law
and that the Minister for Justice shouldnt be held
accountable.
The minister, given that he is a lawyer, knew what he was
doing.
He was using information he got from the Commissioner,
albeit in a legal fashion.
For the minister to use it to score political points and
undermine my argument with regard to the fixed charge
notice is politicising the issue.
It is using information for his own personal use in an
unfair manner.
The Government looks set to back Mr Shatter over the
debacle but with a series of reports on Garda-related
issues coming down the line, it is shaping up to be a
few tough months for the minister.
A report by John Cooke into bugging of Garda
Ombudsman offices and an inquiry into Garda
malpractice by Sean Guerin are due to land on the
Cabinet desk in the coming days.
The incident occurred on RTEs Prime Time on May 16
last year, when Mr Shatter revealed Wexford TD Mick
Wallace had been cautioned by gardai for using his
mobile while driving.
Following a complaint by Deputy Wallace, Data
Protection Commissioner Billy Hawkes has determined
that Mr Shatter is guilty of breaching the legislation in a
draft decision, due to be issued later this week.
On the episode of Prime Time, Mr Shatter and Mr
Wallace were discussing the issue of Garda discretion,
in relation to the penalty points scandal.
Mr Shatter said: As Deputy Wallace knows, even
without issuing a ticket the gardai exercise discretion.
Deputy Wallace himself was stopped on a mobile
phone last May by members of An Garda Siochana and
he was advised by the garda who stopped him that a
fixed ticket charge could issue and he could be given
penalty points.
But the garda apparently, as I am advised, used his
discretion and warned him not to do it again.
Taoiseach Enda Kenny and ex-Justice Minister Alan Shatter
are set to clash after a spokesperson for the Fine Gael leader
said he had no plans to correct Dil comments he made about
the garda whistleblower controversy,writes Fiachra
Cionnaith, Political Reporter.
In a statement issued after the publication of the O'Higgins
Report this morning, Mr Shatter said he has been "vindicated"
and that the 363-page document proves he did nothing wrong.
The former Justice Minister - who was forced to resign over a
number of garda controversies in 2014 - said the report
contradicts the previous Guerin report, and that he now
expects Mr Kenny to "correct the Dil record" and remove the
earlier document from circulation.
"If the Government, as it must, accepts the O Higgins
Commission findings in full, the Taoiseach now has a duty to
correct the Dil record," Mr Shatter's statement read.
"The Government also has a duty to ensure the now

discredited adverse conclusions and opinions contained in the
Guerin report are acknowledged to be in error and corrected,
and that the report is withdrawn from circulation in its present
form."
However, speaking to reporters at a post-Cabinet briefing this
afternoon, a spokesperson for Mr Kenny said the Taoiseach
has no plans to correct comments he made in the Dil about
Mr Shatter or to contact the former TD.
Asked if a Dil correction will take place, the spokesperson
said: "The Taoiseach's comments were based on the Guerin
report of the time."
He confirmed Mr Kenny has no plans to contact Mr Shatter
about the issue at this stage, but added: "He's never turned
down a phone call."
Full statement from Alan Shatter:
I want to thank Mr Justice Kevin OHiggins and his team for

the manner in which the Commissions investigation was
conducted, their careful and thorough approach to establish
the truth and to ensure the application of fair procedures.
I welcome that the OHiggins Commission, having conducted
an independent sworn statutory Commission of Investigation,
has concluded that, when Minister for Justice, I took very
seriously the complaints and allegations of 23rd January
2012, made by Sgt Maurice McCabe through the Confidential
Recipient and that there were compelling considerations
which justified my response to them.
(These are detailed in Para 13.123 & 124 of the Commissions
Report). Contrary to the Guerin Reports assertion that I failed
to heed the voice of Sgt McCabe, I also welcome that the
OHiggins Commission found that I had very substantial
concerns about Sgt McCabes complaints and that at all times
I dealt professionally, promptly, reasonably and
appropriately with them.
Moreover, contrary to the Guerin Report, the OHiggins
Commission also found that I was intimately aware of the
relevant applicable legislation, as were officials in the
The OHiggins Commission also rejects the contention of Sgt
McCabe, given credence in the Guerin Report, that in my
initially seeking a report from the Garda Commissioner on the
serious allegations made by Sgt McCabe I was asking the
Commissioner to investigate himself.
The Commission concludes that my doing so was an obvious,
prudent and sensible thing to do and had I acted otherwise I
would have been open to justified criticism.
I further welcome the conclusion that I cannot be faulted for
not taking further action concerning a request for an inquiry,
made in September 2012 by Sgt McCabes solicitors, in
circumstances where Sgt McCabe continued to assert a claim
of confidentiality over relevant correspondence and
enclosures.
The Commission acknowledges this prevented the obtaining
of observations from the then Garda Commissioner as a
preliminary step before deciding whether to establish such an
inquiry.
In fact, the Commission finds that my personal input in
seeking to resolve this difficulty displayed personal and active
concern on my part.
I am relieved that the truth has been established and that the
OHiggins Commission unreservedly accepted my evidence
that I never held views, opinions or attitudes wrongly
attributed to me by Mr Oliver Connolly, the former Confidential
Recipient and recorded and transcribed by Sgt McCabe.
These got widespread currency and resulted in substantial
controversy.
The Report states that my evidence on this matter was
unchallenged and uncontradicted in the hearing before the
Commission.
Both Sgt McCabe and Mr Connolly were present and legally
represented at the relevant hearing.
One of the matters of major concern was the alleged Garda
failings preceding the appalling murder of the late Sylvia
Roche Kelly in 2007.
Charges made against me of ignoring the concerns of Sgt
McCabe connected to this tragic event have now been
independently established to be unfounded.
The OHiggins Commission acknowledges that I was aware
that a complaint had been made by Mr Lorcan Roche Kelly to
GSOC which was engaged in an independent investigation
into what occurred.
The Commission describes GSOCs investigation as thorough
and necessarily lengthy with certain aspects ongoing.
It is very regrettable that Mr Roche Kelly, prior to my
appointment as Minister for Justice, as the Commission finds,
was not well served by the fact that a considerable period of
time elapsed in GSOC deciding whether it or An Garda
Siochana on its behalf should conduct the required
investigation and due to some confusion within GSOC as to
the relevant statutory provisions.
In short, the findings of the OHiggins Report, like the earlier
Cooke and Fennelly Reports, have unequivocally established
that, when Minister for Justice, I dealt properly and truthfully
with Garda related matters that gave rise to substantial
controversy in the Spring of 2014 and many false allegations
by opposition politicians, including Micheal Martin, the Fianna
Fail leader of the opposition.
The conclusions of the OHiggins Commission totally
contradict and are incompatible with the adverse findings
made against me in the Guerin Report.
The OHiggins Commission rightly praises Sgt McCabe for
highlighting deficiencies in investigations, failures in
procedures and practices, and poor conditions in Bailiboro
Garda station.
It records that eleven, but not all of his complaints had
previously been upheld by the internal Garda Byrne/McGinn
Investigation concluded in 2010.
Some of the complexity of dealing with issues raised by Sgt
McCabe is derived from the fact, as found by the OHiggins
Commission, that he is prone to exaggeration at times.
In this context, the Commission records that some of his
complaints have been upheld by it whilst others have proven
to be overstated or exaggerated.
Some of a very serious nature were determined to be without
foundation or any evidence or unreasonable.
A number of complaints of long duration were withdrawn
during the course of the Commissions hearings.
The Commission found there was not a scintilla of evidence
for his hurtful allegations that former Garda Commissioner,
Martin Callinan, was guilty of corruption and arranged to have
a Superintendent placed on a promotion list, this being the
primary complaint received by me as Minister on 23rd January
2012 which was at the foundation of allegations made by
Michael Martin on the Dil plinth and later in the Dil Chamber
in February 2014.
What the Commission also described as hurtful allegations
of corruption made against Asst Commissioner Byrne, Chief
Superintendent Rooney and Superintendent Clancy and an
implied allegation against Superintendent Cunningham were
all also determined to be unfounded.
Of course, these allegations of corruption should never have
been made.
Garda related events in which I was engaged, when Minister
for Justice, which gave rise to substantial public controversy
have now been examined by three different independent
retired judges of our Superior Courts.
They have irrefutably established that serious charges and
accusations made against me, both inside and outside the
Dil, were entirely untrue.
For over two years, I have had to live with the public
opprobrium, criticism and abuse they generated. I hope that
with the publication of the OHiggins Report, I can now move
on to a new chapter.
It is clear from the OHiggins Report that the Garda failings
identified in it occurred well before my appointment as Minister
for Justice, at a time when Micheal Martin was in Government.
It is now for Micheal Martin to explain why, in February 2014,
he chose to ignore that all of the matters detailed in Sgt
McCabes letter of 23rd January 2012, save for the allegations
of corruption against the Garda Commissioner, related to
events that occurred in 2007/2008 when Fianna Fail was in
Government, and why he chose, together with his Fianna Fail
colleagues, to accuse me of undermining the administration
of Justice in the State and to target me with a torrent of false
allegations about my conduct as Minister for Justice.
The truth has now been irrefutably established. Now that we
are in the era of new politics, I hope that Michael Martin and
all of my accusers, then in opposition, will now reflect on how
they dealt with these matters and withdraw on the Dil record
the false allegations they made.
Before my resignation and in my resignation letter and also
following publication of the Guerin Report in engagements
with the Taoiseach and, later, on 19th June 2014, in the Dil
Chamber, I disputed the approach of Mr Sean Guerin SC in
the conduct of his Inquiry.
Both in my engagements with the Taoiseach and in the Dil
Chamber, I disputed his findings against me.
My concerns were entirely ignored by the Taoiseach and my
Dil contribution was not only ignored by all sides in the Dil
Chamber, including the Minister for Justice, but also ridiculed
and criticised by some commentators.
The Guerin Report was laid before both Houses of the
Oireachtas, its flawed conclusions and opinions were
accepted in full by the Government and the Taoiseach put on
the Dil record its adverse conclusions concerning my conduct
as Minister for Justice.
If the Government, as it must, accepts the OHiggins
correct the Dil record.
The Government also has a duty to ensure the now
Guerin Report are acknowledged to be in error and corrected
and that the Report is withdrawn from circulation in its present
form.
These are important issues of relevance to standards in public
life, fair procedures and the importance of truth in politics.
I will be writing to the Taoiseach on issues of relevance and
importance following on from publication of the OHiggins
Report and seeking a substantive response.
At a glance: the Guerin

report
The 336-page report into Garda misconduct allegations
digested
Sat, May 10, 2014, 01:00
Carl O'Brien
Martin Callinan: Report found his response to Sgt Maurice McCabes
allegations was inadequate. Photograph: Niall Carson/PA Wire
BackgroundThe Government commissioned barrister
Sen Guerin to review allegations of Garda misconduct by
whistleblower Sgt Maurice McCabe in February last year.
GSOC_Annual_Report_2014 GARDA SIOCHANA OMBUDSMAN

COMMISSION 9tH ANNUAL REPORT
https://www.gardaombudsman.ie/docs/publications/GSOC_Annual
_Report_2014.pdf
Delayed inquiries deny

justice
September 16, 2014 2:38 pm
GRA General Secretary PJ Stone

Four months on from the publication of the Guerin Report, there is
(at the time of going to print) no indication of the terms of
reference, or who will comprise the inquiry to have been
established in order to fully investigate the allegations of garda
malpractice made by Sergeant Maurice McCabe detailed in the
report. The impact of the allegations made by the garda
whistleblower prompted the resignation of the former justice
minister Alan Shatter, perhaps too the retirement of former garda
commissioner Martin Callinan and the dismissal of the former
confidential recipient. This highlights the serious nature of this
inquiry.
Overlooked by the media has been the impact on those perceived
as lower down the pecking order the adverse effect it has had
on those garda continuing to serve with their reputations tarnished
by a one-sided report detailing allegations like punches thrown.
Allegations are not established facts. These garda have yet to be
allowed to present their side of the story. The same is true of other
whistleblower allegations made in Athlone, where the member has
been identified on social media and yet is still denied the
opportunity to respond through an undue delay of the official
investigation. Above all, this shows a fear by those in authority of
these untested processes and this needs to be examined.
We are increasingly concerned that our members have been
maligned by allegations that have yet to be tested, and we believe
that the inordinate delay may be because those in the political elite
have been caught in the headlights perhaps bamboozled into
thinking they were on a winning team before the full nature of
soured relationships became apparent. All cannot be what it
seems.
The Guerin Report is all about the allegations one man has made,
and everyone has taken it as doctrine. We dont understand this. It
appears that everyone has taken the allegations at face value, and
they have been reproduced throughout the media. In the Bailieboro
cases, why has no one asked why one man made secret
recordings of his conversations? Is everyone running scared
because the minister, the commissioner and the confidential
recipient have tumbled or is our society sleepwalking itself into a
situation akin to the emperors new clothes? Who will be the first to
say stop?
Perhaps unwittingly, both sets of whistleblower allegations have
been unchallenged and amplified as a consequence of
government paralysis. Their blind acceptance and repetition may
cause further casualties in the political elite or may cost someone
a significant sum of compensation. That aside, the damage done
to junior members of the Force is incalculable. Some will have to
fight harder for career development to overcome the prejudice they
will have attached to their name after such a spell has been cast;
an indelible stain has unjustly marked their professional reputation.
For some, the damage done is far more personal. Some members
have had their confidence checked; others are now seemingly
irreparably disillusioned. This is unjust. They must be allowed their
voice.
Now is the time to blow the whistle on this
ill-managed episode and restore public
confidence. Not everyone will emerge
unscathed by the truth; but the truth
seldom harms the honest.
Have no doubt about it, policing is a job for the mentally tough. It is
widely acknowledged that members of An Garda Sochna are
expected to deal with an increasing number of potentially traumatic
incidents than at any time in recent history. Ireland has become
increasingly violent with little or no value placed on life by some
sections of this society. The sheer number of recent gangland
murders in the capital is evidence of this; if any were needed.
Members of An Garda Sochna will generally be the first
responders to these incidents; going about their business in a
professional manner, being considerate and compassionate or firm
as the situation requires. All of this can take its toll, even on the
mentally tough.
Increased gangland activity along with a stubbornly high rate of
suicide has had the effect of greatly increasing the possibility of a
member encountering a potentially traumatic incident. This
increase is in addition to other potentially traumatic incidents for
members such as of fatal or near fatal road traffic collisions,
incidents of rape or sexual assault. The list of potentially traumatic
experiences is limitless, as none of us knows all of the past
experiences of a fellow member (inside or outside the job) or what
might trigger an unpleasant memory or response from them during
or after a given situation. In my experience, and to their great
credit, colleagues have always used these past experiences to the
benefit of victims and their colleagues, using lessons learned in
their own life to empathise, understand and deal with the situation
a little better.
Many people take to the gym to practice techniques and lift
weights in a bid to build a stronger physique. Whilst developing a
faster punch and a chiseled six-pack, they often ignore the most
important part of training; the mental workout. Of course, physical
training is very important and beneficial; though never as important
as building mental strength.
Building a strong mind takes time; some minds will be further down
the road than others. Having an understanding of why and how we
have these cocktails of emotions will erase some of the fear of fear.
Understanding the mechanics of adrenaline release will take away
some of its impetus. When we anticipate danger, we all experience
this unpleasant, strong emotion often referred to as flight or fight
syndrome. This is genetically hard wired in all animals and
humans. Its part of our survival mechanism; a primal instinct that
has kept our species alive since day one and kept us at the top of
the food chain. Having a clearer understanding will greatly help us
to deal and cope with these physiological changes.
The saliva glands will temporarily shut down causing a dry and/or
pasty mouth. In todays society, this is a common side effect
experienced by those who are expected to give a public speech;
think of the best man at the wedding, watch him move his food
around the plate, his meal will be picked at or completely avoided.
To our hunter-gatherer ancestors the dry mouth served a different
purpose modern man is no different. When we chew, saliva is
excreted into the mouth, enzymes within the saliva helps us to
breakdown and absorb nutrients within the food.
Many will have experienced a nervous or audible tremor when
speaking in public. The anticipation of the quivering voice has
halted many people from stepping out of their comfort zones. It
says to anyone in any language, that you are scared. In a
potentially threatening situation this could be your downfall and
needs to be controlled.
Those who experience it will often become monosyllabic and have
difficulty stringing a sentence together. This is because blood is
drawn away from certain areas of the brain and pumped to major
muscles in preparation for flight or fight; hence the reason for the
saying he was as white as a sheet. (pale face).
Tunnel Vision
For modern man this can be a help or a hindrance. Positively, it
can help because it enhances your concentration. Negatively, it
distorts our peripheral vision. Sadly, this is often why people get
knocked out on the street. When faced with an aggressive predator
our peripheral vision will be impeded as we focus on the threat
directly in front of us; the victim often being sucker punched and
never seeing it coming. Street thugs often use this to their
advantage when setting up the pincer approach.
Sweaty Palms
Sweating from your palms often happens when we are anxious or
anticipate danger. In fact, we sweat from many areas of the body
when stressed but the palms are often the most obvious due to
excessive rubbing of the hands. This is another side effect of
adrenaline release and occurs to cool down our core temperature
which rises rapidly in the face of danger. Other body language is
often displayed in an attempt to cool down; splaying of the arms,
as if carrying two basketballs under your arms to allow the sweat
glands to open. This is often observed in the pre-fight ritual when
two men face off splaying of the arms combined with pushing the
chest out to appear bigger.
Bowel Loosening
Digested food and fluid is no longer needed and is expelled (often
rapidly) depending on the (perceived) level of threat. Again the
uneaten (best mans) meal at wedding is a good example. The
amygdala doesnt distinguish between the sabre-tooth tiger or
public speaking; its a matter of perspective.
Auditory Exclusion
Many people who I have trained over the years have told me about
the temporary loss of hearing theyve experienced when attacked. I
have also experienced this myself while competing in kickboxing
tournaments. We see and hear with our conscious brain. This
means that the visual cortex and audible cortex have to take turns
to process information. When trying to function under extreme
levels of adrenaline stress, audible information is often muffled,
dulled or completely shut down. When the heart rate rapidly
increases, this causes blood to rush through the eardrums (as well
as many other parts of the anatomy). The speed at which it travel
is so great that it cancels out what the person is hearing.
The Denial Response
This is often seen in extreme circumstances. A teenage girl I
interviewed a few years back described horrific details of a sexual
attack upon her. As the assailant pinned her to the ground she
recalled how she said to herself, I could stick the point of my key in
his eye, but immediately thought she could never bring herself to
do such a thing. When in fact she had already actually done it,
simultaneously gouging his other eye with her thumb. Thankfully
this facilitated her escape.
Total Acquiescence
When large amounts of adrenaline are released within the
bloodstream, it is often shocking, nauseating and misunderstood.
When this happens it can evoke feelings of helplessness and
abject terror. Many victims of abduction have experienced extreme
fear of being raped and/or murdered. Complete hysteria or the
freeze syndrome may also occur. Victims who have experienced
these extremely traumatic situations often submit to their attacker
because of this overwhelming explosion of emotions.
Adrenaline Release (fast and slow)
Slow secretion of adrenalin is more commonly experienced.
However, it goes without saying that everyone will have
experienced this on a daily basis. While recently teaching
members of Dublin Fire Brigade, many members described to me
how they always get a drop of adrenaline each time the alarm bell
sounds. This can happen dozens of times during a shift.
Those with a more sedentary occupation may also feel a slow
trickle of adrenaline when they think about asking the boss for a
promotion or if someone cuts them off in traffic and yells at them
out of the car window. Going to the dentist, a dispute with a
neighbor, an upcoming exam; all can evoke slow secretion of
adrenalin.
While adrenaline can add speed and strength to the bodys
responses, it can also have an anaesthetic effect while dulling
pain. The adrenaline dump also cause sensations very similar to
those of real fear. Consequently, many people will freeze when
they experience this.
Real fear is involuntary and happens when we are in pure survival
mode. Cortisol levels will also be greatly increased during this time
which helps to coagulate the blood in preparation for an attack on
the soft tissue. Many people I have spoken to say they did things
they dont believe they had any control over and could never have
prepared for such an event. Many areas of the brain are activated
immediately, the amygdala, thalamus, hypothalamus and midbrain
functions increase and basically say to the body, well take over
from here.
We must first acknowledge and accept that we all have feelings of
fear. One of the biggest obstacles I come across when teaching
(particularly men) is that the majority I meet are too scared to admit
they are scared. My belief is the harder the exterior, the weaker
the interior- fear of fear, if you will.
The bad news is that fear never goes away. But thats good. We
can learn to manage our fears in many ways. My own personal
experience; there is no better way to overcome and manage fear
than fear exposure itself.
Thankfully, members themselves and management at An Garda

Sochna have come to recognise that members, tough as they
are, can sometimes require a little help. Formalising of the peer-
support role was a welcome advance, although I personally feel
most members get peer-support from whoever they are close to on
their own units rather than the person necessarily nominated and
trained; often a quiet word with someone whos been there before
can be enough to get over these incidents.
The garda employee assistance officers or welfare officers also
play a fantastic role in offering support to members who may be
struggling in the aftermath of a traumatic experience, but outside of
obvious headline crimes, these officers do rely on the assistance of
members and management to let them know if someone may need
their help. I can still recall nearly a decade ago receiving a call
from an employee assistance officer who was determined that we
meet face to face for a chat. I assured him over and over that it
was unnecessary but he was determined and broke me in the end.
We had a coffee and a brief chat and I have to admit I was
impressed by how at ease he made me feel. At the end of the
meeting I assured him that I was fine and that I would, of course,
get back in touch if I needed anything. I admired his persistence as
I think in some cases a phone call would not be enough to gauge
how a member is feeling whereas a lot more can be achieved from
a face to face meeting.
The recent launch by Commissioner OSullivan of a 24/7

confidential Counselling Service for staff of An Garda Sochna
should rightly be heralded as a huge step forward in this area. The
free, over the phone service will offer immediate access to
accredited counsellors to members who may be struggling in their
personal or professional lives. This service can also provide some
face to face counselling if it is required. I would urge anyone who
may be struggling but worried about issues of confidentiality to use
this service.
In May 2007, while still a probationer, an incident occurred which
has greatly affected myself and my family. My younger brother
Sean was stabbed to death while celebrating his graduation from
secondary school. To describe this crime as an incident, as I have
just done, seems not to pay it the seriousness it requires. To
describe receiving the news as earth-shattering would be more
appropriate. But it is still an incident from a policing perspective
and as professional police officers my colleagues investigated it
appropriately. The members who investigated this crime will not
know the pain of my family, the pain of an untimely funeral,
birthdays missed, of anniversaries observed and of the great void
left by that missing guest at my up-coming wedding. Nobody could
understand our pain. But then I thought again. My grandfather says
we all have a cross to bear through life; the heartbreak we suffer,
the people we lose, the dreams we leave unrealised. Though some
must carry more weight than others and some seem more suited to
carry it; we all know suffering.
Many years later I was giving evidence at the Coroners Court, in a
case with entirely different facts to that of my brothers case. I
hadnt been reminded or felt particularly affected by the case up to
this point. It was undoubtedly sad but it hadnt affected me
emotionally. However, when I met the deceased mans mother her
pain reminded me of the pain of my own family and stirred long
dormant feelings of loss and sadness. I was able to get through the
hearing and perform my duties and was proud of how
compassionately I had treated the deceaseds family but the
incident had a profound effect on me. I became far more aware of
my own wellbeing from that point on and was determined not to
take it for granted.
As I have asserted, I have no doubt that to be an effective police
officer a person must be mentally tough. But this toughness does
not include denying when we are in pain or refusing help. The
toughness I am talking about is carrying on, being resilliant, doing
the best job we can do in trying circumstances and taking care of
ourselves so that we can be the best, most well developed police
officers and individuals we can be.
Members of An Garda Sochna must investigate crime
professionally but bear in mind this can be a life changing
experience for those involved in the case, and members, while
considering their own wellbeing should draw on their own life
experiences to offer a compassionate as well as professional
service in particular to vulnerable victims.
We all suffer in life and every member of An Garda Sochna will
witness more than their fair share of pain and suffering, of death
and loss but the challenge has to be to remain compassionate and
to use our own experiences to give strength to our colleagues and
to ourselves. The organisation is blessed that it can draw on so
much collective experience both professional and personal and our
challenge must be to use this experience in the best possible way
while also protecting ourselves and our colleagues from undue
harm by making the appropriate supports available to them.
http://www.gardareview.ie/index.php/delayed-inquiries-deny-
justice/
Due process and

presumed innocence?
Not for a garda
February 12, 2014
When it comes to basic human rights for
gardai, its one rule for them and another
for everyone else says John OKeeffe.
I could probably highlight a serious garda injustice every week.. On
balance I, and this magazine, must highlight the cases where it is
felt that not only was a grave disservice done to a garda or garda,
but to the force as whole and society. This following is a classic
such case.
Lets get one thing out of the way first shall we? The P word
pepper-spray. It appears that both the Garda Sochna
Ombudsman Commission (GSOC) and a section of a misguided
and nervous public, seem to imagine that this part of a gardas
self-defence shield, is a weapon of mass destruction. It was ever
so. When An Garda Sochna was first formed, some voices at the
time expressed concern as to whether members of the fledgling
service should even carry a baton.
Pepper-spray is certainly an inflammatory agent and should always
be used according to protocols and guidelines. Its effects are well
established, including immediate closing of the eyes. On average,
the full effect lasts for a maximum of 45 minutes.
A study from The Journal of Investigative Ophthalmology and
Visual Science found that single exposure of the eye to the spray is
harmless and they also found no lasting decrease in visual
strength from its application. Put simply, pepper spray neutralises a
violent arrestee so that they may be brought to custody thus
avoiding injury to themselves, the police officer or members of the
wider public. Incapacitants are preferable to a baton in many cases
to avoid injuries.
Police forces around the world must follow strict protocols as to
when and how pepper spray should be used. Once these are
followed as each situation dictates then the arrest of a violent
individual should always be a lawful one. But this is Ireland where
not only may garda be brought to account once for its use, but
twice if the right result isnt forthcoming in the first instance.
Retired Judge Michael Patwell highlighted a pepper-spray case in
question most recently. Garda Brendan Dowling and Fiona
Sheehan were both charged with using excessive force when
pepper-spraying a 16-year-old youth during an arrest in Cork in
May 2012.
Perhaps we should know a little more about this teenager before
rushing to judgment? He admitted in court under oath that he was
drunk at the time and that he would happily lie to protect friends.
He had 22 previous convictions, including assault, threatening and
abusive behaviour and failing to follow Garda instructions. Indeed
he had managed to accumulate six convictions since the incident
in question. He had admitted to being the ring- leader of a violent
and sustained attack by a gang of youths on the occasion of his
arrest. His own mother described him as an absolute gurrier of the
highest order. Now that you have a fuller picture of the sort of feral
savage at play, I can advise you that he was pepper-sprayed by
these garda after he began head-butting the window of a garda
car. Surprising? Perhaps the only surprise was that the garda had
as much restraint as they did in the light of the offender before
them.
As is the way of such persons, the offender then complained to the
GSOC and, subsequently the DPP directed that both Garda
Dowling and Garda Sheehan be charged with assault causing
harm to the teenager. Predictably, almost as soon as the hearing
began, the State withdraw the charges as, as far as the judge was
concerned, there there was no evidence he had heard, that
showed that the garda had used their incapacitant spray outside
the law.
Judge Patwell has highlighted one particularly worrying statement
made after this case by the GSOC. It is important to note,
however, that there was no verdict, as the prosecution was
withdrawn they stated. He was of course very correct to be
worried. The court held that there was no evidence of any criminal
wrong doing by either garda in the use of pepper-spray and yet the
GSOC issued a statement that ensures a cloud of suspicion still
hangs over both officers, notwithstanding the judges statement at
hearing.
A verdict was issued by any other name and yet the GSOC are
happy enough to abandon that small jurisprudential matter of the
presumption of innocence, by implying that since a strict verdict
was not handed down, the garda may still be guilty not innocent
as the fundamental cornerstone of our justice system demands
but guilty. You simply could not make it up. Furthermore, how the
DPP could have decided that the garda in question had a case to
answer in the first place, when the State subsequently gave the
hearing little more than two hours before withdrawing, is anyones
guess.
Now these officers must not only live with the remarks that have
tainted them by the GSOC, but they must also await potential
internal disciplinary proceedings proceedings that will arguably
also now be tainted by that which has gone before. Being a garda
in 2014 means not just getting assaulted by the criminal
community but by the DPP, the GSOC and seriously questionable
internal disciplinary processes. Every other citizen only gets
charged and tried once on the same matter if youre a garda, you
can expect to be beaten up as many times as the system can get
away with it.
This country has for some time now watched while its criminal
justice system has hurtled down the slippery slope of a mindless
liberal agenda. Caught in the stampede of righteous warriors and
bleeding hearts have been the men and women of An Garda
Sochna. In the unseemly rush to be seen to have institutions,
such as our police force, that are not above the law, we have
instead created a two-headed beast that now trample over the
human rights of these serving officers.
One rule for them another for everyone else. Citizen Sean or
Mary enjoys all the rights that we would expect in a modern day
democracy, yet Citizen Garda, becomes the sacrificial lamb for
those with a moderate education and a serious dollop of bitterness.
Read my lips everyone is innocent until proven guilty. There is no
nuanced version of this. It is very simple.
If only our own processes against those whom chose to protect
and serve us, were the same.
Report reaffirms right to

trade union status and
unique role
December 25, 2016 11:16 am
EDITORIAL: The Garda Representative Association received the

final Report by John Horgan and is examining the implications in
preparation for future negotiations towards new industrial relations
mechanisms in the garda sector. The Association had sought such
a Review for many years as the last significant appraisal was
held in 1979; and this was negotiated as part of the Haddington
Road Agreement and was due to be completed by 1 June 2014 but
was subject to inordinate delays.
The status of this Report has yet to be established. While the
findings have the potential to modernise garda industrial relations
and pay determination, we must also acknowledge that the recent
ad hoc involvement of the Workplace Relations Commission and
the recommendation of the Labour Court in the recent pay dispute
has overtaken much of the original brief. There is a significant body
of work still to be done to address those grievances and desires
that have been outstanding for several decades, but there is
positive movement towards modernising the industrial relations
available to us, and to afford garda the same civil rights as other
workers.
The Horgan Review does note that the number of garda has
decreased in the last eight years and this skewed the CSO
figures on average garda pay. Overtime for many garda has been
a necessity for the Force to remain operational. Unfortunately this
presents inflated earnings for those working long hours and extra
shifts that is not reflective of the national pattern. The findings do
acknowledge that overtime was not shared equally across the
Force.
To ignore optimum staffing levels makes other pertinent
calculations difficult; the level of personal risk experienced by each
individual garda, the increased workload and necessary overtime
required within an understaffed police force and the impact on
health, safety, efficiency and welfare at work. John Horgan does
note An Garda Sochna provides the citizens of Ireland with an
excellent police service by any standardThe members of An
Garda Sochna perform a difficult and often dangerous job that is
unique in Irish society and all its members deserve to be rewarded
appropriately.
The garda pension is in a sense deferred payment for work already
done. When members sign up in Templemore their pension
entitlement is part of their contract, and they contribute towards it
monetarily and through the risks that they take on behalf of the
people of this country. Not only are safety and welfare issues often
at the very base of their needs when facing imminent danger of
assault or the cumulative physiological effects of rotational shift
working it is the new smoking of occupational hazards. The
garda pension has often been curtailed early with many
members succumbing to critical illnesses resulting from
occupational hazards. This cannot be quantified but cannot be
discounted in any review of the garda pension scheme.
Horgan draws on the unique nature of police work and to draw An
Garda Sochna into line with modern norms and best practice
recommends that the Association should immediately plan to
become a registered trade union. Access to the WRC and Labour
Court should not be conditional on that decision, and makes it
clear from this Review that the criminal law and discipline
regulations should play no role in industrial relations.
The Association has sought trade union status since 1993; and in
the intervening years it has been repeatedly denied. Without the
full collective bargaining rights, including the right to withdraw
labour, members have been repeatedly abused by the civil power
utilising the codes and regulations of the Garda Sochna Act
2005. The Council of Europe/Eurocop decision has not been
addressed officially and this has clearly stated that garda should
be afforded the same civil rights as other workers.
We are still awaiting trade union status with the associated civil
rights including full collective bargaining, which includes the
freedom to strike. Members are aware of international ideas and
the civil, social and industrial rights afforded police officers across
Europe, Scandinavia, North America, Australia and New Zealand
has demonstrated how far behind Ireland is, and needs to catch
up.
For garda to be afforded equal status with other
public servants in the upcoming Public Service Pay
Commission [PSPC] this must include rights of
affiliation and the attendant freedom to withdraw
labour.
Lisbon Bound
November 16, 2015 5:33 pm
(l-r): Gerry Quinn, GNDU; Liam Hogan (Tour De Force committee);

Enda Kenny, TD; Keith Duffy, ISPCC; Terry Brennan (Tour De Force
committee
John Twomey, Assistant Commissioner
An Taoiseach, Mr Enda Kenny TD launched the Tour De Force
Cycle 2015 with members of Tour De Force and their charity
beneficiaries for this year, namely the ISPCC/Childline, GROW
Ireland and the Laura Brennan Charitable Trust.
This years cycle will see members of An Garda Sochna and
friends begin their journey from North of Lisbon, in Sao Martin De
Porto, Portugal on September 20th 2015 and will finish five days
later after some 550 kilometres in Santiago De Compostela, Spain.
There are over 50 cyclists involved who have put in months of
training and fundraising to participate. Keith Duffy, an ISPCC
ambassador, is participating in this years challenge.
Tour De Force was born when members of An Garda Sochna,
who through their love of cycling, came together to raise much
needed funds for deserving causes. Since 1991, after some
74,000 kilometres cycled, they have raised almost 1 million.
http://www.gardareview.ie/index.php/lisbon-bound/
European Police Table

Tennis Championships
Views: 1232
Pictured the An Garda Sochna table tennis team at the opening

ceremony wearing the Irish team kit which was purchased with
sponsorship assistance from St Pauls Credit Union. (l-r): Garda Ian
Hutchinson, Garda Headquarters; Garda Stephen Joyce, Gort; Garda
Louise Long, Blackrock; Garda Ian Philips, Glenties; Sergeant Adrian
Flynn, Sligo; retired Superintendent Paul Moran, Press Office
The Garda team consisting of members from five divisions across
the country competed in the Union Sportive Des Polices DEurope
Table Tennis championships in Bulgaria recently.
The team had trained collectively in Athlone over the winter months
with Athlone Table Tennis Club under the guidance of Irish
international Karim Sabir.
The opening ceremony where each country has one member in
their police uniform is a very important part of the European Police
Championships. The honour to represent An Garda Sochna fell
to Garda Ian Philips of the Donegal Division.
The Garda team were drawn against France (pre tournaments
favourites) and Norway in the team competition.
The team of Garda Stephen Joyce, Sergeant Adrian Flynn and
Garda Ian Hutchinson had some great performances against the
French and Norwegian teams but lost out on qualification for knock
out stages.
(l-r): Sergeant Adrian Flynn receiving the inaugural Union Sportive des
Polices DEurope Award from Mr Harry Brungger, USPE Executive
Committee
The womens singles competition started on the same day and
Garda Louise Long had a superb performance to claim victory over
the much fancied Krasimira Telbis, from the host nation Bulgaria,
winning in straight sets. Next up for Long was French international
Caroline Petit.
Long stormed into a two set lead with aggressive confident play but
her very resilient French opponent refused to be put away. The
exertions of her first victory took their toll on Long and in the
intense heat of the Varna stadium the French player hung on in
which ended with Long narrowly losing in the fifth set.
The singles mens tournament started the next day and again the
Irish team acquitted themselves well with all players pushing
opponents with some nail biting contests going all the way to duce
and Sergant Adrian Flynn taking sets off Nikolaus Petrou, Cyprus
and Katalin Donchea, Romania.
The mixed doubles team of Garda Louise Long and Garda
Stephen English had a very credible performance, losing out to the
French team of Reynald Resse/Amandine Chintemi in the quarter
final in a very exciting match with the Irish team taking the first set.
However the vastly experienced French side eventually won out.
Both of the doubles mens teams of Sergeant Adrian Flynn/Garda
Stephen Joyce and Garda Ian Hutchinson /Garda Ian Philips had
excellent performances at this level of competition with Flynn and
Joyce losing in the quarter final to the Czech Republic team of
Martin Matejisek/Milan Borik, having pushed the Czech Republic to
duce eventually loosing 12 10 in the first set.
Overall the Garda team contested two quarter finals mixed and
mens doubles and ended with a team finishing ranking of ninth.
At this level of competition their performances are very
encouraging for the sport within Ireland and An Garda Sochna.
An Garda Sochna received a further honour when Sergeant
Adrian Flynn, at the final awards and closing ceremony, received
the inaugural Union Sportive Des Polices D Europe
Merit/Recognition/Fair play award for his involvement in USPE
European Police Championships in table tennis for 20 years.
The Garda Table Tennis Club would also like to thank St Raphaels
Garda Credit Union for their contribution to the Garda team.
http://www.gardareview.ie/index.php/european-police-table-tennis-
championships/
Garda Training Video - Pre-selection
physical fitness test
Sep 24, 2015
Example of the pre-selection physical test for potential
entrants to An Garda Sochna.
This is a training video created in the Garda College,

Templemore, Co Tipperary.
https://www.youtube.com/watch?v=uXo3roYoCUw
Probationer Garda Peter Clifford talks
about his experiences
Dec 22, 2015
With thanks to www.careersportal.ie, here is Probationer Peter
Clifford talking about his experiences as part of the recruitment
campaign.
https://www.youtube.com/watch?v=16JsptbuV-c
Garda Nan Hu
Jan 26, 2016
Interview with a member of An Garda Sochna giving advice
and sharing his work experience
https://www.youtube.com/watch?v=HKcQhlex0S4
Review of the Garda Sochna Act, 2005 Submission of IHRC
(Designate) to the Joint Oireachtas Committee on Justice, Defence
and Equality. 4 April 2014
https://www.ihrec.ie/download/pdf/ihrc_submission_to_review_of_a
n_garda_siochan_act_2005_by_oireachtas_committee_on_justice
_april_2014.pdf
THE EUROPEAN CODE OF POLICE ETHICS Recommendation
Rec(2001)10 adopted by the Committee of Ministers of the Council
of Europe on 19 September 2001 and explanatory memorandum
http://polis.osce.org/library/f/2687/500/CoE-FRA-RPT-2687-EN-
500
European Convention on Human Rights
http://www.echr.coe.int/Documents/Convention_ENG.pdf
GSOC-Annual-Report-2007 Letter from Brian Lenihan we present
to you our second Annual Report, to be laid before the Houses of
the Oireachtas, as prescribed by the Garda Sochna Act 2005.
https://www.gardaombudsman.ie/docs/publications/GSOC-Annual-
Report-2007.pdf
IRISH HUMAN RIGHTS AND EQUALITY COMMISSION BILL 2014 For
European Illegal Migrant Garda
http://www.oireachtas.ie/documents/bills28/bills/2014/2014/b2014d
-memo.pdf
DRAFT MINUTES OF THE 27th MEETING OF THE JOINT COMMITTEE
OF REPRESENTATIVES OF ... April 2009 . 6. Charter of Rights ...
Garda Sochna and Human Rights The IHRC .island of Ireland
http://www.nihrc.org/uploads/documents/nihrc-general/joint-
committee/joint-committee-27-meeting-minutes-april-2009.pdf.pdf
The Law on Surveillance in Ireland - and Human Rights ...
Compliance of An Garda Sochna, April 2010 Statement
Human Rights Compliance of An Garda .
THE CRIMINAL JUSTICE (SURVEILLANCE) ACT 2009:
AN EXAMINATION OF THE COMPATABILITY OF THE NEW ACT WITH
ARTICLE 8 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS
http://corkonlinelawreview.com/editions/2010/CRIMINAL%20JUSTICEBARRY.pdf
Sorry for the exclusive focus on our ongoing Court cases

folks - but it's clear that this case in Castlebar is helping to
expose some truly awful and sinister actions on the part of
those entrusted with the proper administration of justice..
Here is our pending appeal application to the Supreme
Court - the question is, will it ever get past the post?
http://www.integrityireland.ie/Whats%20going%20on
%20in%20Ca
Whats going on in Castlebar Courthouse?
(From the draft application to the Supreme Court)
http://www.integrityireland.ie/Whats%20going%20on%20in
%20Castlebar%20%20SC%20application%20%20p.pdf
Detail of the Irish Times 'case study' commentary on
Stephen's efforts to raise awareness of the 'common
informer' process where ordinary members of the public
CAN actually take direct private action against errant
authorities.
Caught red-handed, the only option 'they' have when

faced with the truth is to use even more underhanded
tactics to cover their tracks.. Right now that includes
criminal collusion and cover-ups by the DPP's Office, by
Courts Service Management and by 'certain named
Judges'; including denial of service due; failures and
refusals to respond to straightforward questions; and the
cowardly tactic of brass-necked stonewalling.. all the way
to the top! How much more of this do we need to see
Ireland?
In light of Stephen's contrived arrest and imprisonment
last week, and due to blatant stonewalling by the Courts
Service, the DPP's Office, by Garda HQ and by the Minister
for Justice, this urgent request for assistance vs 'political
policing' and criminal acts by agents of the State was sent
to all Dail Deputies and Ministers - and to 25 Senior
Judges. Two Deputies have responded so far..
http://www.integrityireland.ie/Dear%20Senior%20Judges
%20&%2
Dear Senior Judges & Dail Deputies Jan 27th 2017 x 3

http://www.integrityireland.ie/Dear%20Senior%20Judges%20&
%20Dail%20Deputies%20Jan%2027th%202017%20x%203.pdf
An update on Colm and Stephen's recent 'adventures' with
Judge Aeneas McCarthy (& Co) detailing some of the
outrageous abuses of Court processes being carried out;
the appalling liberties being taken with the law and the
Constitution; and the criminal dirty tricks being visited on
anyone who dares to speak truth to power.
One thing that I have learned in the last 6 years. If you want justice,
you have to fight tooth and nail for it. Even then, you aren't
guaranteed the right outcome. Far more cases need to be taken to
the EUCHR. One judgment by the ECJ, going way back to the 1950s
and several times since, is that ANY intrusion on the individual MUST
be tested for necessity before any statutes are relevant. That is one
of my arguments currently being considered by the Supreme Court. I
intend to insist on it's ratification here.
/react-text I went the ECHR in 2011. no luck.
Now, that is REAL efficiency for you! It seems they are in a

real hurry to jail Stephen. How many of us have been
penalised for NOT following the Court rules to the letter?
Yet Peter Mooney (the guy who we have PROVEN is
involved in perjury, fraud, defiance of a Court Order,
criminal damage, perverting justice etc etc) has just
bypassed all of the usual regulations to ensure that we get
'promptly dealt with' in Castlebar Circuit Court. A NOTICE
came to Stephen by registered post today - sent on
Tuesday - assigning the date of Friday Feb 10th for the
appeal before a single judge... Of course, it's just
happenstance that this sidestepping of the usual rules
(see below) will almost certainly prevent us from getting
the required papers into the pending Supreme Court
appeal next week.. where we have tried our best to get
the Supreme Court to step in and take action regarding all
of this criminal activity and harassment by agents of the
State..
District Court Rules:
[Form of notice, time for service]
1. Every appeal to the Circuit Court from a decision of the
District Court shall be by notice of appeal (Form 101.1 or
101.2 Schedule D) which shall be served upon every party
directly affected by the appeal within fourteen days from
the date on which the decision appealed from was given.
[Lodgment of notice]
2. The appellant shall, within the said period of fourteen
days, lodge the original of the notice of appeal, together
with a statutory declaration as to service thereof, with the
Clerk for the court area within which the case was heard.
No plea ever entered by Stephen; Legal Aid 'granted' but
then not allowed; applications for witnesses denied; Court
Orders defied by the State Prosecutor Vincent Deane; lies,
perjury, forged documents accepted by Judge Aeneas
McCarthy; evidence of serious criminal misconduct by
senior Gardai, Courts Service Staff and the DPP's Office
completely ignored - and then a quick switch-a-roo of the
hearing dates and bingo! Colm & Stephen are 'found
guilty' in their absence - WITHOUT even entering their
rock-solid defences - and have now received sentences of
two months each in jail from McCarthy - even though Colm
is undergoing heart surgery.... Absolutely ridiculous,
scandalous and revolting behaviour by yet another of our
highly-paid (criminal) District Court Judges, in collusion
with the powers-that-be. Criminal complaints and appeals
are of course being filed (again).. What next ireland?
http://www.integrityireland.ie/To%20SC%20in%20person
%20for%
The story of Stephen's unlawful arrest and detention has

been picked up by German, Dutch and British media.
Co. Mayo, Ireland: Questionable Arrests Continue

In precisely the same part of Ireland as the Dochertys faced much of
their worst lawless persecution, a local anti-corruption campaigner
has just been arrested in highly questionable circumstances.
UKCOLUMN.ORG
In precisely the same part of Ireland as the

Dochertys faced much of their worst lawless
persecution, a local anti-corruption campaigner
has just been arrested in highly questionable
circumstances.
In the Docherty family's litany of persecution in
Ireland, much of the worst conduct by garda
(police), social workers and court
figures emanated from County Mayo in the
north-west of the Republic in 2014-15. In
particular, they experienced great unlawfulness
while resident on Achill Island off the west
coast, a remote and partly Irish-speaking island
belonging to Co. Mayo.
As it would happen, anti-
corruption campaigner Stephen Manning of
Integrity Ireland was also a resident of Achill
Island for several years, and in the same
timeframe as the Dochertys experienced
similarly inexplicable persecution by local
authorities. Space does not permit the
rehearsal of his whole case here, which is
written up on the aforementioned website. The
below details are a mere fraction of what Mr
Manning has encountered. They are provided to
give readers a sense of how many of the same
techniques of judicial and public-service
lawlessness inflicted on the Dochertys have
been seen in other local cases when
embarrassment to authorities is at stake.
Mr Manning first encountered difficulties when
he rubbed up some established Co. Mayo
figures the wrong way, namely the Collins
brothers, second cousins to Ireland's Taoiseach
(Prime Minister) Enda Kenny, who happens to
represent Co. Mayo in Dil ireann (the lower
house of the Oireachtas, the Irish Parliament).
After years of frustration and stonewalling by
the statutory authorities, Mr Manning used the
unique provisions of Ireland's legal system to
appear as a lay litigant (i.e. prosecutor who is
not a lawyer), seeking private prosecutions
against those who he alleges have engaged in
criminal conduct against himself and his family.
While all common-law jurisdictions (although
with almost total restrictions in Scotland due to
the power wielded by the Crown Office and
Procurator Fiscal Service) provide for private
prosecutions, the Republic of Ireland's lay
litigant route to lodging court cases is
particularly effective. It arises from the historical
provisions for "common informers" and cannot
be abolished, as the Dublin Supreme Court has
upheld its provisions, but it provides such
means for embarrassment of the Irish
authorities that it seems Mr Manning has been
regularly targeted to prevent him from lodging
cases.
During the protracted harassment he faced on
Achill, Mr Manning was maliciously accused
(among other difficulties he faced) of
impropriety regarding the changing rooms of a
youth football club on the island, and has
cleared his reputation in two court cases on
that matter.
On 2 September 2015, a hearing in a case
involving Mr Manning broke down in disorder,
after which he found himself charged with
disorderly conduct, which he strenuously
denies. That case rumbles on to the present.
Crucial parts of the audio recordings (known in
the Irish court system as DAR) of the disorderly
incident miraculously "went missing", as has
happened in countless British police station and
courtroom cases, but somehow the garda and
Courts Service staff were able later to quote
verbatim in a Mayo courtroom exactly what had
been said, with precise timestamps, during the
crucial "lost" section of the fracas.
For this reason among others, all painstakingly
documented, Integrity Ireland has consistently
maintained that garda, and staff of the Courts
Service and of the Office of the Director of
Public Prosecutions, have perjured themselves.
Integrity Ireland also maintains that judges in
this and other cases have acted contrary to
their oath and to the common law which is so
prized in Ireland (for evidence from this week of
the flagrancy of abuse of court process in
Ireland, in an unrelated case, see Ben Gilroy's
latest video update).
It is Mr Manning's attempts during January 2017
to gain leave to appeal to the Dublin Supreme
Court which appear to have prompted the latest
series of steps against him. His newest court
documents name ODPP staff, a Garda
superintendent and Courts Service staff as
having demonstrably listened to the "lost"
recordings of the fracas in which he found
himself involved in 2015, and his attempts to
have those same officials take receipt of his
documents have been repeatedly thwarted,
with seven judges refusing point blank to
handle them, some even running out of their
chambers when approached by him.
Specifically, Mr Manning had very recently
announced to the Supreme Court his intention
to name Judge McCarthy in an alleged criminal
conspiracy against him which also implicated
officials of all three of the aforementioned
public institutions. His last action with the
Dublin Supreme Court had been an attempt to
have it issue an order to the Courts Service
directing the latter to cooperate with his
lawsuit, which named a registrar of the Courts
Service as having obstructed him unlawfully by
refusing to process his documents.
Having been given a court date of Thursday 26
January for his appearance in Castlebar, Co.
Mayo, on his supposed Section 6 public order
offence relating to the 2015 court episode, Mr
Manning went on a visit to Dublin last weekend.
He was called at 11 am on Monday 23 January
by Castlebar garda, demanding to know why he
had not turned up for his hearing, which they
insisted he had been notified would be held
that day and for which Judge Aeneas McCarthy
was "sitting right now". He insisted that he and
his fellow defendant in the Castlebar case, Colm
Granahan (together with whom he had
summoned a Garda in May 2015 to testify, who
had failed to appear in court for either of their
cases), had been given the date of this Thursday
for their appearance. Later in the day, he
returned to Co. Mayo.
Mr Manning was arrested at 5:04 pm on
Monday by garda at Ballyhaunis Railway
Station, Co. Mayo, on his return from Dublin.
The three policemen who approached him
arrested him for "contempt of court", a charge
which has been wide open to judicial abuse in
the Republic of Ireland for at least a generation
and which, uniquely among common-law
jurisdictions, now has precedents in Ireland for
being invoked when a judge is spoken to
civilly outside court buildings on the street.
The "contempt of court" arrest order, which was
signed by Judge McCarthy as a bench warrant,
related to Mr Manning's alleged failure to
appear at Castlebar Courthouse that same
morning. The warrant contains, as an
assertion of fact, the note that it had previously
been successfully served on Mr Manning and
that he had thus been legally subpoenaed. He
was held overnight at Claremorris Garda
Station. The garda took Judge McCarthy's word
against Mr Manning's that he had been notified
of the court date being 23 January.
"Warrants" and "subpoenas" served on Mr
Manning's fellow litigant Colm Granahan in
related matters have likewise been unlawfully
delivered or not at all. Irregularities with
warrants have reached epidemic proportions in
Ireland (as in all United Kingdom jurisdictions),
and the issuing of improper warrants by local
councils (a separate category of case from Mr
Manning's) has even been condemned by the
Dublin Supreme Court lately.
Mr Manning had recently accused Judge
McCarthy, in a writ for judicial review at the
High Court in Dublin, of the following:
Judge Aeneas McCarthy presiding in the said
case has;
(1) acted in excess and breach of his jurisdiction
as a District Court Judge;
(2) that the Respondent has failed to observe
constitutional and natural justice; and
(3) has likewise failed to act according to his
legal duty inasmuch as the following Articles of
the Irish Constitution and the European
Convention on Human Rights have been
breached, as well as the laws and principles of
common law and natural justice.
Calls to Claremorris Garda Station by journalists
in the Netherlands and Germany
yesterday morning regarding the lawfulness of
Mr Manning's detention were handled politely
but reticently.
Mr Manning appeared in Castlebar Courthouse
at 10 am yesterday (Tuesday 24th January 2017)
and was given a two-month custodial sentence,
suspended by means of making him sign a
recognisance. The conviction proceeded despite
his not having lodged a defence or even
entered a plea, and despite his not having Legal
Aid, which Judge McCarthy had given him one
hour (sic) to try to find. Mr Granahan was
sentenced in absentia at the same time. He
was unable to attend because he was
undergoing heart surgery that very day.
The Irish Examiner reported in 2011 that
Mr McCarthy was previously a
prominent criminal lawyer in Limerick in south-
western Ireland and that, once made a
judge, he was keen to sit in various district court
areas. This phenomenon of hypermobile Irish
district and circuit court judges has been seen
in the Docherty case (as noted in the transcript
at the first link above), as well as becoming
increasingly common in England and Wales in
politically sensitive trials. McCarthy is one of
surprisingly many "movable judges of the
District Court" listed nationally.
The first ever history of the Dublin Supreme
Court by Ireland's leading legal correspondent
Ruadhn MacCormaic, published late last
year, contains several passages describing the
blatantly party-political nature of the horse
trading which is often resorted to when Irish
judge slots are to be filled, such as the
following:
Political patronage was less of a factor the
higher up the courts chain a vacancy arose, but
at the lower courts, in particular the District
Court, lobbying was intense. Local solicitors
would contact their TDs [teachta Dla,
members of parliament], who would call or
write to ministers or their advisers to convey
the message. Candidates election agents would
seek preferment on the basis of their service to
the party. Family members of would-be judges
would turn up at weekend hurling matches,
where they would, supposedly by accident,
bump into a TD or a minister.
The Integrity Ireland project (which is
an Unincorporated Association, registered in
Ireland under Class 45: Provision of information
services pertaining to citizens' rights has
recently been named, along with Mr Manning
personally, as parties to an alleged 'defamation'
in a somewhat bizarre civil lawsuit undertaken
by another District Court Judge, James
Faughnan that has been widely discussed on
social media, in what appears to be a contrived
and technically unlawful attempt to silence
criticism of the Irish judiciary.
http://www.ukcolumn.org/article/co-mayo-ireland-questionable-
arrests-continue
January 16th 2017

OUR MISSION" (says the Courts Service website, is..): "To
manage the courts, support the judiciary and provide a
high-quality and professional service to ALL users of the
courts." ...is that so Mr Ryan? Similar NOTICES (to this
attached) are going out to the various 'authorities' today..
http://integrityireland.ie/To%20B%20Ryan%20CEO%20Jan
%2016th
This could be useful if used against corrupt courts.
Looks like a less cumbersome process than going to Irish courts.
FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN
PARLIAMENT Updating the handling of relations with the
complainant in respect of the application of Union law
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?
uri=CELEX:52012DC0154&from=EN
Anyone may file a complaint with the Commission free of charge

against a Member State about any measure (law, regulation or
administrative action), absence of measure or practice by a Member
State which they consider incompatible with Union law.
Stage is set for US
watchdog to create first
whistle-blowing
millionaire in Ireland
Anyone supplying a tip-off on
suspected corporate wrongdoing could
be in line for a huge payout under an
American regulatory scheme
Greg Glynn
PUBLISHED
01/01/2017
The US Securities and Exchange Commission has received 65 tip-

offs from people in Ireland. Photo: Reuters
Since 2012, the US Securities and Exchange
Commission (SEC), through its whistle-
blower programme, has received 65 tip-offs
regarding suspected corporate wrongdoing
from individuals in Ireland.
In that same period, over $111m (105m) in awards has
been paid to 34 whistle-blowers under the scheme.
Although the latest figures for 2016 show that tips from
Ireland are down slightly on last year, awards made to
those who do disclose continue to rise -with the potential
for a lucrative payout more real than ever.
With an award of more than $30m (28.4m) made to a
whistle-blower living in a foreign country in 2014 (the
largest award made by the SEC to date) - the stage remains
set for Ireland's first whistle-blower millionaire.
Dodd-Frank
The Dodd-Frank Wall Street Reform and Consumer
Protection Act became federal law in the US in 2010.
The Act recognises the valuable role whistle-blowers can
play in uncovering and prosecuting corporate wrongdoing
by offering significant financial incentives to encourage
whistle-blowers to come forward.
Under the Act, individual whistle-blowers who provide
"original information" on corporate wrongdoing to the
SEC, which leads to the wrongdoer being fined $1m or
more, are awarded between 10pc-30pc of the amount of
the fine.
Whistle-blowers can submit information alone or jointly
with another individual. The information must be
'original' (that is to say not known to the SEC from any
other source), and must come from the whistle-blower's
independent knowledge or analysis.
Significantly, the whistle-blower does not have to be an
employee of the organisation in question. The information
is submitted directly to the SEC's Office of the
Whistleblower, which was established by the Act to
administer the programme.
Whistle-blowing: The latest figures
There is no denying that, since its inception in 2012, the
programme has gone from strength to strength.
The Chief of the Office of the Whistleblower, in her
foreword to the 2016 Annual Report, describes the
'transformative effect' the programme has had on the
agency's enforcement activities.
The continued success of the programme is borne out in
the figures: in 2016 the information and assistance
provided by 34 whistle-blowers led to successful
enforcement actions in which more than $584m (554m)
in financial sanctions were ordered.
As in previous years, the number of tips received in 2016
continued to increase apace.
In 2012, 3,001 tips were submitted to the agency. The
figure for 2016 is 4,200, an increase of over 40pc. In
financial year 2016, the agency issued awards totalling
more than $57m (54m) - higher than all award amounts
issued in previous years combined. Six of the 10 highest
awards ever made were in that same year: $22m in
August; $17m in June; $5m-6m in May; $4m in
September; $3.5m in May and $2m in March.
Notably an award of $16.5m (15.6m), which would have
been the third-largest in the programme's history, was
turned down by an employee of Deutsche Bank in August
in protest at what the employee saw as a failure of the SEC
to punish executives at the bank for misstating the bank's
accounts.
The Irish element
The majority of the tips received still come from within the
United States. However, tips received from outside the US
remain steady. In 2016, the Commission received
submissions from individuals in 67 foreign countries.
Canada, the UK and Australia remain the largest source of
tips from outside the US, with 68, 63 and 53 submissions
respectively. Although tips from Ireland fell slightly last
year (from 20 in 2015 to 14 in 2016), the overall trajectory
since 2012, the first year for which records are available
and during which nine submissions came from Ireland, is
upwards.
The future
The 2016 Report indicates that awards under the
programme will continue to increase. As the Chief of the
Office stated, the SEC believes that "the continued
payment of significant awards, like those made this past
year, will continue to incentivise company insiders, market
participants and others with knowledge of potential
securities law violations to come forward and report their
information to the agency".
As US foreign direct investment in Ireland remains steady,
the potential for Irish individuals to engage with, and
potentially uncover incriminating information regarding
US corporations endures.
The fact that whistle-blowers do not have to be an
employee, or even an insider of the company that they are
reporting on, to be eligible for an award, further
underlines its wide availability to anyone with relevant
information on corporate wrongdoing to benefit.
Given this, and the increasing level of the lucrative payouts
for some informants, the stage remains set for Ireland's
first whistle-blower millionaire.
Greg Glynn is a partner at Arthur Cox
Arragh sure it never happened here its all based upon lies as
usual
http://www.independent.ie/business/irish/stage-is-set-for-us-
watchdog-to-create-first-whistleblowing-millionaire-in-ireland-
35331214.html
"GSOC legal bill increases five-fold!" Money Well Spent

Justice Ring? Under new leadership, GSOC continues to
give us the 'value and professionalism' we have come to
expect from Irish State agencies.. as they (secretly)
advertise for 'additional resources'
39-Dec 28th 2016 to J Ellen Ring
http://www.integrityireland.ie/39-Dec%2028th%202016%20to%20J
%20Ellen%20Ring.pdf
GSOC legal bill increases five-fold!" Money Well Spent
advertise for 'additional resources':
http://www.integrityireland.ie/39-Dec%2028th
%202016%20to%20
we are all so proud of you standing up to ENDEMIC CORRUPTION in

this country and we will support you in court. In relation to the sad,
sad people which you are forced to deal with, if I may say a few
words about them. I read that in America that people with incurable
diseases are put into cryogenic suspension as we only have
advanced to the stage where miracles we can do at once the
impossible takes longer. The Gardai, the institutions , agents of the
state and I specifically bring it to your attention Ms Noreen
O'Sullivan and Francis Fitzgerald by their OWN OMISSION have
shamefully failed in their oaths of office which I personally feel is
utterly disgraceful. These sad, sad people are surly creatures of the
night, they cannot be indigenous to this world, they cannot be plant,
they must be robotic and again by their BLATANT FAILURES of their
mandates are only fit for the scrapyard. Luke Ming Flanagan
commented: In fairness you have to put up with mad people. Can
there possibly be a happy ending for the ordinary, good members of
Irish society that DESPERATELY seek justice when corruption is
ENDEMIC in this country.
the commercial but where is the justice
Now, they're trying to stop people handing out information
flyers about 'national issues' (i.e. scandals) that are
somehow being 'overlooked' by the mainstream media..
by invoking anti-littering laws of all things - in order to 'get
the names' of the dangerous subversives involved..
Know your rights and the law

Sep 21, 2013
Every week outside the G.P.O in Dublin various groups and
campaigns hand out leaflets to people passing by . For some
unknown reason this week 21/09/13 the city's litter warden
didn't like this but when challenged didn't have a lot to say
both himself and the Garda gave up and walked away .
https://www.youtube.com/watch?v=OAfe83dPf00&feature=share
Guard loses the plot and is put in his
place by Meter Mick
Aug 8, 2014
While discussing what we can and can`t do this guard decides
to raise his voice and shout and everyone. Meter Mick stepped
in and put him in his place
https://www.youtube.com/watch?v=fFa09ZGUKHQ
Garda sought access to hundreds of
private emails
Friday, March 22, 2013
By Noel Baker
Garda sought access to hundreds of personal emails and
other electronic accounts last year amid growing concerns
over the safeguards protecting privacy.
The first Microsoft Transparency Report, published
yesterday, found garda made 72 requests to the
technology giant relating to 222 different accounts.
In five cases, the contents of emails were provided to
garda, while non-content user information was revealed in
46 cases.
Separately, garda made four requests relating to seven
different Skype accounts no data was disclosed in
relation to any of these requests. In two other cases,
Skype provided general guidance to garda regarding the
procedures for accessing customer data.
Microsoft owns Skype and also operates Hotmail, its
successor Outlook.com, and Messenger, among other
services.
The report shows Ireland was one of five countries where
user content was disclosed the others were the US,
Brazil, Canada, and New Zealand.
Google received 34 data requests from garda in the first
six months of last year. Data was provided in just two
cases.
Digital Rights Ireland chairman TJ McIntyre said Justice
Minister Alan Shatter needed to clarify a number of
questions over Garda requests for digital communications
data.
He said the public needed to know:
*The legal basis on which the emails are being read;
*What safeguards are in place to provide oversight of the
process, such as ministerial warrant;
*What mechanisms are in place to ensure no abuses take
place;
*If legislation covering the interception of
telecommunications messages covered digital data and if
the law needed to be updated.
Mr McIntyre said it would be worrying if existing laws
allowed Garda access to email contents without any
outside scrutiny [neither a ministerial warrant nor a court
order being required] and without any judicial oversight.
It has never been the case in Ireland that people are
notified after the fact about surveillance even if it should
never have been carried out, said Mr McIntyre.
He said existing laws on intercepting communications
were drafted prior to the advent of email and therefore
might not cover digital communication.
He said if somebody found their email account had been
accessed by garda without good reason, they could bring
a case to the European courts under an existing legal
loophole.
While oversight exists at High Court and circuit court level
for phone taps, Mr McIntyre said he did not believe the
same level of oversight existed for digital
communications.
The Government has never come out one way or the
other, he said.
A spokesperson for the Department of Justice said it could
not address the questions raised by the report
http://www.irishexaminer.com/ireland/gardai-sought-access-to-
hundreds-of-private-emails-226189.html
Interception and Data
Retention Annual Report
2009/10
Jun 17, 2011 by TJ McIntyre
https://www.scribd.com/document/58099350/Interception-
and-Data-Retention-Annual-Report-2009-10#
Garda Letter to ISPs Requesting Blocking Mar 18, 2011 by TJ

McIntyre
https://www.scribd.com/document/51018185/Garda-Letter-to-ISPs-
Requesting-Blocking#
On the 2009 Act. So far as I can see the suggested amendments
were not made. My reading so far suggests that it is legal for
the Minister and Gardai to lie about surveillance - and indeed
one can see that it might not be much use if they were not. But
there is no effective oversight or route of complaint.
I. Introduction 1. The Irish Human Rights Commission (IHRC) is

Irelands National Human Rights Institution, set up by the Irish
Government under the Human Rights Commission Acts 2000
and 2001.[1] The IHRC has a statutory remit under the Human
Rights Commission Act 2000, to endeavour to ensure that the
human rights of all persons in the State are fully realised and
protected in the law and policy of the State. The IHRC seeks to
ensure that Irish law and policy set the standards of best
international practice. Its functions include keeping under
review the adequacy and effectiveness of law and practice in
the State relating to the protection of human rights, and
making such recommendations to the Government as it deems
appropriate in relation to the measures which the IHRC
considers should be taken to strengthen, protect and uphold
human rights in the State. 2. On the 19 November 2008, the
Minister for Justice, Equality and Law Reform (the Minister for
Justice) referred the Scheme of the Criminal Justice (Covert
Surveillance) Bill 2008 (2008 Scheme) to the IHRC pursuant to
Section 8(b) of the Human Rights Commission Act 2000. The
IHRC was in the process of finalising its Observations on the
2008 Scheme when the Minister for Justice published the
Criminal Justice (Surveillance) Bill 2009 (2009 Bill) on the 17April
2009. In pursuance of its statutory mandate the IHRC therefore
considers it appropriate to make observations and issue
recommendations on the 2009 Bill as published. 3. The IHRC is
pleased to note that some of the concerns that the IHRC had
relating to the 2008 Scheme have been resolved in the 2009
Bill. Overall the IHRC welcomes the 2009 Bill which provides the
necessary legal framework for surveillance activities. The 2009
Bill contains a number of vital and welcome safeguards, such as
the requirement for judicial supervision of an authorisation for
surveillance in most circumstances.[2] The 2009 Bill further
provides that in applying for or authorising the exercise of
surveillance powers the officer, superior officer[3] or District
Court judge as the case may be should be satisfied that the
surveillance is the least intrusive means available having regard
to its objectives, that the surveillance is proportionate to its
objectives having regard to the likely impact on the rights of the
person and that the duration of the measure is reasonably
required to achieve its objectives.[4] The IHRC warmly
welcomes these and further safeguards contained in the 2009
Bill. 4. The 2009 Bill applies to surveillance carried out by An
Garda Sochna, the Defence Forces and officers of the
Revenue Commissioners.[5] In the case of An Garda Sochna
the surveillance powers relate to the investigation of arrestable
offences, which are offences for which a person can be
punished by imprisonment for a term of five years or more. In
the case of both An Garda Sochna and the Defence Forces the
surveillance powers relate to maintaining the security of the
State. In the case of officers of the Revenue Commissioners,
surveillance powers relate to the investigation of revenue
offences as defined under section 1 of the 2009 Bill[6] which
are arrestable offences. 5. The IHRC notes that the 2009 Bill
does not apply to surveillance carried on by private individuals.
The Privacy Bill 2006 which has been at first stage in the Seanad
since July 2006, proposes that a tort would be committed
where a person wilfully or without lawful authority violates the
privacy of an individual by subjecting them to surveillance as
defined under section 1 of the Privacy Bill 2006. The IHRC notes
that the Privacy Bill has been delayed for some time before the
Houses of the Oireachtas. While it is outside the remit of these
present observations to comment in detail on that legislative
proposal, the IHRC urges the Government to advance legislative
reform to effectively protect the right to private life in a manner
that does not disproportionately impact upon the protection of
other human rights.[7] 6. The IHRC has a number of specific
concerns with the text of the 2009 Bill as published and in
making these observations aims to ensure that the 2009 Bill
complies to the fullest extent possible with Irelands obligations
under the Constitution and international human rights law. II.
Observations on the Criminal Justice (Surveillance) Bill 2009
(a) Definition of a Surveillance Device i. Relevant Provisions of
the 2009 Bill 7. Section 1 of the 2009 Bill includes definitions of
surveillance, surveillance devices and tracking devices. The
definition of a surveillance device is stated not to include an
apparatus designed to enhance visual acuity or night vision
where it is not being used to record any person; a CCTV within
the meaning of section 38 of the Garda Sochna Act 2005; or a
camera, to the extent to which it is used to take photographs of
any person or any thing that is in a place to which the public
has access. A tracking device is defined as a surveillance device
that is used only for the purpose of providing information
regarding the location of a person, vehicle or thing. ii. Relevant
Human Rights Law 8. Article 8(1) of the European Convention
for the Protection of Human Rights and Fundamental
Freedoms (ECHR) provides the everyone has the right to
respect for their private life, family life, home and
correspondence. Article 8(2) of the ECHR allows the State to
justify interference with these rights where such interference is
in accordance with law and is necessary in a democratic society
in the interests of national security, public safety, and for the
prevention of disorder or crime among other grounds. For an
interference to be regarded as necessary in a democratic
society, it should be proportionate to the legitimate aim
pursued and there should be adequate and effective
safeguards in place to prevent arbitrary interferences with
rights. 9. The Irish Constitution also protects the fundamental
rights of citizens in relation to, inter alia, privacy.[8] In Kane v.
Governor of Mountjoy Prison, the Supreme Court stated that
an individual has a right to enjoy privacy and that the absence
of a specific justification for surveillance could constitute an
infringement of his constitutional right to privacy.[9]
Furthermore, Article 40.5 of the Constitution protects the
inviolability of the dwelling providing that the dwelling []shall
not be forcibly entered save in accordance with law. In King v.
Attorney General, Mr. Justice Henchy stated that this phrase
meant []without stooping to methods which ignore the
fundamental norms of the legal order postulated by the
Constitution.[10] 10. A central test applied within
constitutional law is that any interference with an individuals
rights must be justified by demonstrating that the interference
is in pursuit of a legitimate aim and that the interference is
proportionate to that aim. The classic statement of
proportionality in the context of Irish constitutional law is to be
found in the decision of Mr. Justice Costello in Heaney v. Ireland
as follows: The objective of the impugned provision must be of
sufficient importance to warrant overriding a constitutionally
protected right. It must relate to concerns pressing and
substantial in a free and democratic society. The means chosen
must pass a proportionality test. They must: (a) be rationally
connected to the objective and not be arbitrary, unfair or based
on irrational considerations; (b) impair the right as little as
possible; and (c) be such that their effects on rights are
proportional to the objective.[11] 11. The concept of private
life is inherently broad and the European Court of Human
Rights (ECtHR) in particular has explored the definition of
private life as it relates to surveillance powers on a number of
occasions. The ECtHR has declined to give an exhaustive
definition of the concept of private life.[12] However, the ECtHR
has stated that there is a zone of interaction of a person with
others, even in a public context, which may fall within the scope
of private life.[13] Information gathered in the public domain
can fall within the scope of private life where it is systematically
collected and stored in files held by the authorities.[14] In P.G.
and J.H v. United Kingdom the ECtHR pointed out that there are
a number of considerations of whether a persons private life is
concerned in surveillance measures that take place outside a
persons home or private premises.[15] Since there are
occasions when people knowingly or intentionally involve
themselves in activities which are or may be recorded or
reported in a public manner, a persons reasonable
expectations as to privacy may be a significant, although not
necessarily conclusive factor.[16] Private life considerations
may arise once any systematic or permanent record comes into
existence of activities carried out by an individual in the public
domain.[17] 12. The monitoring of the actions of an individual
in a public place by the use of video equipment which does not
record the visual data does not as such give rise to an
interference with the individuals private life.[18] On the other
hand, the recording of the data and the systematic or
permanent nature of the record may give rise to such
considerations.[19] In Rotaru v. Romania and Amann v.
Switzerland the compilation of data by security services on
particular individuals, even without the use of covert
surveillance methods, constituted an interference with the
applicants private lives.[20] In the P.G. case, the recordings of
the two applicants voices in a police station and the
subsequent analysis of the voice sample was held to amount to
an interference with the right to private life notwithstanding
that it took place in a police station in the context of a police
interview.[21] In the case of Peck v. United Kingdom the
disclosure to the media for broadcast use of video footage of
the applicants suicide attempt which was caught on CCTV was
found to be a serious interference with the applicants private
life, notwithstanding that he was in a public place at the time.
[22] 13. In the case of Perry v. United Kingdom the ECtHR stated
that the normal use of security cameras per se whether in the
public street or on premises, such as shopping centres or police
stations where they serve a legitimate and foreseeable
purpose, does not raise issues under Article 8(1) of the ECHR.
[23] However, in that case the police regulated the security
camera so that it could take clear footage of the applicant in
the custody suite and inserted it in a montage of film of other
persons to show to witnesses for the purposes of seeing
whether they identified the applicant as the perpetrator of the
crimes under investigation. The ECtHR stated that the
permanent recording of the footage and its inclusion in a
montage for further use can be regarded as processing or
collecting personal data about the applicant.[24] The ECtHR
noted that the footage in question had not been obtained
voluntarily or in circumstances where it could be reasonably
anticipated that it would be recorded and used for
identification purposes and therefore concluded that there had
been an interference with right to private life under Article 8.
[25] 14. The use of cameras by the police to take photographs
to observe or record the presence or actions of persons in
public places has been considered under the ECHR. In Friedl v.
Austria the former European Commission for Human Rights
rejected an Article 8 complaint in respect of the police
photographing and retaining the photographs of participants in
a public demonstration.[26] In that case, the demonstration
was unlawful and the demonstrators had been advised of that
fact by the police and asked to leave before the photographs
were taken, the photographs had not been entered into a data-
processing system and the authorities had taken no steps to
identify the persons photographed by means of data
processing. However, it would seem from S and Marper v.
United Kingdom that the ECtHR may take the same restrictive
approach to the compilation and maintenance of a database of
photographs as it now does with fingerprints.[27] iii. Analysis
and Recommendations 15. CCTV cameras operated in
accordance with section 38 of the Garda Sochna Act 2005, are
excluded from the definition of a surveillance device. Section 38
of the 2005 Act empowers the Garda Commissioner to
authorise the installation and operation of CCTV for the sole or
primary purpose of securing public order and safety in public
places by facilitating the deterrence, prevention, detection and
prosecution of offences. Section 38 of the 2005 Act does not
specify standards around the operation of CCTV or the
purposes for which CCTV footage can be used but simply
provides that the Garda Commissioner in authorising the use of
CCTV can specify such terms as he or she considers necessary.
The Department of Justice has issued a Code of Practice for
Community-Based CCTV Systems which sets out in more detail
standards in relation to the purposes of CCTV, the processing
of CCTV images and access to and disclosure of images to third
parties among other issues. This is a non-binding Code of
Practice and compliance with its terms is to be monitored by
the data controller who is managing and operating the
system.[28] 16. As a general concern, the IHRC considers that
there is insufficient regulation and a lack of safeguards
surrounding the use of CCTV cameras for the investigation or
detection of offences in Irish law. The IHRC considers that
further regulation of this area is needed particularly where
CCTV is used for purposes that are not reasonably foreseeable.
17. The IHRC is concerned that a camera, to the extent to which
it is used to take photographs of any person or any thing that is
in a place to which the public have access, is excluded from the
definition of a surveillance device. As stated above, the
compilation and maintenance of a database of photographs
would appear to give rise to an interference with the right to
respect for private life. To ensure full compliance with Article 8
of the ECHR, the IHRC considers that activities such as
photographing persons where it is carried out in a targeted,
ongoing and repeated manner for the purposes of monitoring
and/or recording the activities of such persons should come
within the definition of surveillance in the 2009 Bill and should
be subject to the same safeguards as other forms of
surveillance. Recommendations: 18. The IHRC recommends
that the use of CCTV cameras should be further regulated by
law with adequate and effective safeguards concerning its use,
particularly where CCTV footage is used for purposes that are
not reasonably foreseeable. 19. The IHRC recommends that the
definition of surveillance under the 2009 Bill should be
extended to include the targeted, ongoing and repeated
photographing of persons for the purposes of monitoring
and/or recording the movements, activities and
communications of such persons.
Tracking Devices i. Relevant Provisions of the 2009 Bill 20.
Section 8 of the 2009 Bill provides for a separate system of
authorisation for tracking devices as defined in Section 1. This
section empowers the relevant authorities to monitor the
movements of persons, vehicles or things using a tracking
device for up to 4 months where the use of a tracking device
has been authorised by a superior officer. In applying for and
authorising the use of a tracking device, both the officer and
the superior officer must be satisfied that the requirements of
subsections 4(1), (2) or (3) have been fulfilled and that the
surveillance is justified having regard to the matters referred to
in subsections 4(5)(b) and (c). In addition, both officers should
be satisfied that the information or evidence sought could be
reasonably obtained by the use of a tracking device for a
specific period of time that is as short as reasonably
practicable. Moreover, the authorising officer must have
reasonable grounds for believing that the surveillance would be
authorised under section 5. ii. Relevant Human Rights Law 21.
As stated above, the ECtHR has held that private life
considerations arise once any systematic or permanent record
comes into existence of activities carried out by an individual in
the public domain.[29] The tracking of the location of a person,
vehicle or thing and the recording of data relating to this
surveillance, regardless of whether such activity is carried out
in a public place, amounts to an interference with the right to
respect for private life. Where an interference with the right to
private life is authorised by law, there should be adequate and
effective safeguards in place to ensure that such interference is
not arbitrary. 22. In the case of Klass and Ors. v. Germany the
ECtHR stated that it considers that in the field of surveillance
where abuse is potentially so easy in individual cases and could
have such harmful consequences for democratic society as a
whole, it is in principle desirable to entrust supervisory control
to a judge.[30] However, in the Klass case, having regard to the
nature of the supervisory and other safeguards provided for by
the relevant legislation in Germany, it concluded that the
exclusion of judicial control did not exceed the limits of what
may be deemed necessary in a democratic society. Under the
German legal framework there were various judicial and
parliamentary safeguards in place that the ECtHR considered
provided adequate and effective guarantees against abuse by
the authorities.[31] iii. Analysis and Recommendations 23. The
tracking of the movements of persons, vehicles or things using
a tracking device for up to 4 months for purposes of
surveillance and the recording of data in relation to such
movements amounts to an interference with the right to
respect for private life under Article 8 of the ECHR. The IHRC
considers that this type of surveillance should be subject to the
same types of safeguards provided for in relation to the other
types of surveillance envisaged under the 2009 Bill, in
particular, there should be judicial supervision of the use of
such devices. There is no explanation offered in the
Explanatory Memorandum to the 2009 Bill as to why
surveillance activities of this kind should be subject to less
stringent safeguards than other types of surveillance activity.
The maximum duration of the authorisation, 4 months, is also
longer than that allowed for the other types of surveillance.
Recommendations: 24. The IHRC recommends that
consideration should be given to amending the 2009 Bill to
provide that where the relevant authorities seek to use a
tracking device to track the movements of persons, vehicles or
things they should be required to apply to a judge for such
authorisation in accordance with section 5 of the 2009 Bill so
that the same safeguards are applied to the use of all types of
surveillance devices including tracking devices. 25. The IHRC
further recommends that the maximum duration for which the
use of a tracking device can be authorised should be reduced.
(c) Supervisory Powers and Complaints Procedure i. Relevant
Provisions of the 2009 Bill 26. Section 12 of the 2009 Bill sets
out the procedure to be followed for the designation of a High
Court judge to oversee the operation of the legislation and
outlines the powers and duties of the judge. The judge is
required to report to the Taoiseach from time to time and at
least once every 12 months concerning any matters relating to
the operation of sections 4 to 8 of the 2009 Bill and the
Taoiseach is required to lay such report before the Houses of
the Oireachtas. A person in charge of a Garda station, or place
under the control of the Defence Forces or Revenue
Commissioners, is required to ensure that the designated judge
has access to those places and authorisations, written records
of approval, reports and other relevant documents that the
designated judge may request. 27. Section 11 provides for a
complaints procedure. Where a person believes that he or she
might be the subject of surveillance he or she can apply to a
Referee for an investigation into the matter. Where the Referee
forms the view that a contravention of the legislation was
material and it is justified in all the circumstances, he or she
can refer the matter to the Garda Sochna Ombudsman
Commission (GSOC), the Minister for Defence in the case of a
contravention by the Defence Forces and the Minister for
Finance in the case of a contravention by the Revenue
Commissioners.[32] ii. Relevant Human Rights Law 28. Article
13 of the ECHR guarantees the availability at national level of an
effective remedy to enforce the substance of the ECHR rights
and to provide redress where an arguable claim has been
raised relating to an alleged violation of rights. In Klass v.
Germany the ECtHR acknowledged that the secrecy of covert
surveillance measures rendered it difficult, if not impossible,
for the person concerned to seek any remedy of his own
accord, particularly while surveillance is in progress.[33]
However, the ECtHR stated that what is required under Article
13 in the context of covert surveillance is a remedy that is as
effective as can be having regard to the restricted scope for
recourse inherent in any system of secret surveillance.[34] In
examining the German legal framework for surveillance in the
Klass case, the ECtHR noted that the competent authority is
required to inform the person concerned as soon as the
surveillance measures are discontinued where notification can
be made without jeopardising the purpose of the surveillance.
Following this notification, various legal remedies become
available to the individual before the German Courts. The
ECtHR concluded that the aggregate of remedies provided for
under German law satisfied the requirements of Article 13 in
that case.[35] iii. Analysis and Recommendations 29. The IHRC
welcomes the role of the judge who is empowered to keep
under review the operation of sections 4-8. In accordance with
Article 13 of the ECHR in the context of covert surveillance
there should be in place a remedy that is as effective as
possible having regard to the restricted scope for recourse
inherent in any system of secret surveillance.[36] The IHRC
considers that in the event that a report of the designated
judge reveals a case in which an individual has been the subject
of surveillance in contravention of the legislation, there should
be some mechanism in place to inform the individual
concerned so that they can exercise any further causes of
action or remedies available to them. In particular, such
persons should be informed of the complaints system under
section 13 of the legislation. Furthermore, the IHRC considers
that in order to facilitate the supervising judge to effectively
exercise his or her supervisory powers, the Garda Sochna,
Defence Forces and Revenue Commissioners should be
required to furnish a report on the exercise of the surveillance
powers to the designated judge on a regular basis. 30. The
IHRC is further concerned that where a material contravention
of the legislation is detected in the course of an investigation by
the Referee, he or she will then refer the case to the Minister
for Defence or Minister for Finance as the case may be, rather
than to an independent complaints mechanism such as GSOC
where the contravention involves a member of An Garda
Sochna. The IHRC considers that the Ombudsman for the
Defence Forces should also be empowered to investigate
contraventions of the surveillance legislation where it involves a
member of the Defence Forces.[37] Similarly, in the case of the
Revenue Commissioners an appropriate mechanism,
independent of the Minister for Finance, should be empowered
to investigate a contravention of the legislation by the Revenue
Commissioners. Recommendations: 31. In the event that the
investigation of the designated judge under section 12 reveals
that an individual has been the subject of surveillance in
contravention of the legislation, the IHRC recommends the
legislation should provide for a mechanism to inform the
individual concerned so that they can exercise any further
causes of action or remedies available to them in particular
under section 13. 32. In order to facilitate the supervising judge
to effectively exercise his or her supervisory powers, the
legislation should require An Garda Sochna, the Defence
Forces and Revenue Commissioners to furnish information to
the designated judge on a regular basis in relation to the
operation of their surveillance powers. 33. The IHRC
recommends that where a material contravention of the
legislation is detected by the Referee following an investigation
under section 13, he or she should be empowered to refer the
matter for further investigation to the Ombudsman for the
Defence Forces where the matter relates to a member of the
Defence Forces. Where a material contravention of the
legislation is detected by the Referee relating to surveillance by
an officer of the Revenue Commissioners an appropriate
mechanism, independent of the Minister for Finance, should be
empowered to investigate a contravention of the legislation. (d)
Powers of Surveillance not Extended to GSOC i. Relevant
Provisions of the 2009 Bill 34. Section 17 of the 2009 Bill
proposes to amend Section 98(5) of the Garda Sochna Act
2005 so that the provisions of the 2009 Bill once enacted will
not be extended to include the GSOC. Therefore GSOC will not
be empowered to carry out the surveillance envisaged within
the scope of the 2009 Bill. ii. Relevant Human Rights Law 35.
The ECtHR has established positive procedural standards
regarding the investigation of cases relating to allegations of
violations of the right to life and the right to freedom from
torture, inhuman and degrading treatment or punishment
under Articles 2, 3 and 13 of the ECHR.[38] In accordance with
this jurisprudence, for an investigation into such allegations to
be regarded as effective it should be capable of leading to the
identification and punishment of those responsible.[39] The
ECtHR has made it clear that this is not an obligation of result,
but rather an obligation of means.[40] The investigating
authority must have the mandate to establish the key issues of
responsibility and liability and must have taken the reasonable
steps available to it to secure the evidence.[41] Any deficiency
in the investigation which undermines the ability of the
investigating authority to establish whether an alleged violation
of Article 2 or Article 3 has taken place, will risk falling foul of
this standard.[42] iii. Analysis and Recommendations 36. The
2009 Bill makes provision for not only An Garda Sochna to
carry out surveillance but also the Defence Forces and the
Revenue Commissioners. However, the 2009 Bill currently
excludes GSOC from its remit. GSOC is excluded from the 2009
Bill, notwithstanding that the functions of GSOC include the
investigation of complaints concerning death of, or serious
injury to a person[43] and the investigation of alleged
arrestable offences involving members of An Garda Sochna.
[44] As noted above, where there is an alleged violation of
Articles 2 or 3 of the ECHR by State agents, the independent
investigating authority must have the powers and means to
establish whether an alleged violation of the ECHR has taken
place. A failure to extend surveillance powers to the body which
is charged by the Oireachtas with independent oversight of the
police may seriously limit the capacity of GSOC to discharge its
functions effectively as they relate to the investigation of
arrestable offences. 37. Furthermore, excluding GSOC from the
surveillance legislation is out of line with good practice in other
jurisdictions including Northern Ireland[45], England and
Wales.[46] While surveillance may be used by GSOC very rarely,
failure to extend surveillance powers to this oversight body
may undermine public confidence in the ability of GSOC to
effectively investigate serious criminal wrongdoing by using
means that are increasingly regarded in many jurisdictions as
essential for countering serious crime. Recommendation: 38.
The IHRC recommends that section 17 of the 2009 Bill should
be amended to remove the proposal to amend section 98(5) of
the Garda Sochna Act 2005. In addition, the 2009 Bill should
explicitly include powers of surveillance for GSOC.
Codes of Practice for the Operation of Surveillance Powers i.
Relevant Provisions of the 2009 Bill 39. Section 16 of the 2009
Bill provides that the Minister for Justice, Minister for Defence
or Minister for Finance as the case may be shall make
regulations prescribing any matter or thing which is referred to
in the Act as prescribed or to be prescribed by the relevant
Minister. For example, section 7(7) provides for regulations
relating to the written record of approval of a superior officer
who has authorised surveillance under section 7 and section
10(2) provides that regulations shall be drafted prescribing the
person or categories of persons who are to have access to
information relating to surveillance authorisations. ii. Relevant
Human Rights Law 40. In its recent policy statement Human
Rights Compliance of An Garda Sochna the IHRC
recommended that when legislation governing Garda powers
in key aspects of operational policing is being drafted or
reviewed, consideration should be given, where appropriate, to
including a provision to provide the Minister for Justice with the
power to issue supplementary codes of practice to accompany
statutory Garda powers.[47] The purpose of a code of practice
in this area would be to govern the exercise of surveillance
powers, in this case by An Garda Sochna, the Defence Forces
and the Revenue Commissioners. A code of practice in this area
would comprehensively set out the policy and procedures to be
followed, inform the relevant officers decisions and regulate
the relevant officers powers in a transparent manner. Such a
code of practice should be proofed against and underpinned by
the relevant human rights standards.[48] The IHRC considers
that the surveillance legislation should provide the relevant
Minister with the power to issue codes of practice and should
stipulate that the relevant Minister is required to engage in an
appropriate consultation process prior to issuing the code (or
codes) of practice.[49] 41. In addition, it is essential that
effective compliance measures are incorporated into Garda
codes of practice. Codes of practice should generally include a
requirement for contemporaneous record-keeping by
members of An Garda Sochna, the Defence Forces or the
Revenue Commissioners. Furthermore, the IHRC considers that
when appropriate a breach of a code of practice should invoke
disciplinary action.[50] iii. Analysis and Recommendations 42.
The IHRC considers that it is in the interests of the Garda
Sochna, the Defence Forces and the Revenue Commissioners
that further guidance be provided as to operation of
surveillance powers under the legislation. The IHRC notes that
within the United Kingdom, Section 71 of the Regulation of
Investigatory Powers Act 2000 obliges the Home Secretary to
issue codes of practice relating to the exercise of surveillance
powers and duties.[51] The IHRC is of the view that a detailed
and accessible human rights based code of practice in relation
to the operation of surveillance powers under the legislation is
an important aspect of ensuring that surveillance is
accompanied by adequate and effective safeguards. The IHRC
further considers that effective compliance measures should
be incorporated into a code of practice on surveillance and
where appropriate a breach of the code of practice should
invoke disciplinary action. Recommendation: The IHRC
recommends that serious consideration be given to including a
requirement that the Minister for Justice, Minister for Defence
or Minister for Finance as the case may be, issue a code (or
codes) of practice in relation to the operation of the legislation.
Such code (or codes) should be proofed against and
underpinned by the relevant human rights standards. Where a
code of practice is issued effective compliance measures
should be incorporated into such as code and where
appropriate a breach of the code of practice should invoke
disciplinary action. Irish Human Rights Commission 4th Floor,
Jervis House Jervis Street Dublin 1 Tel: + 353 1 8589602 Fax: +
353 1 8589609 Email:info@ihrc.ie www.ihrc.ie
Superior officer is defined in Section 1 of the 2009 Bill to mean:

(a) in the case of the Garda Sochna, a member of the Garda
Sochna not below the rank of superintendent; (b) in the case
of the Defence Forces, a member of the Defence Forces not
below the rank of colonel; and (c) in the case of the Revenue
Commissioners, an officer of the Revenue Commissioners not
below the rank of principal officer.
[4] Section 4(5) of the 2009 Bill.
[5] Section 2 of the 2009 Bill.

[6] Revenue offences are defined in section 1 of the 2009 Bill to
mean the following: (a) section 186 of the Customs
Consolidation Act 1976; (b) section 1078 of the Taxes
Consolidation Act 1997; (c) section 102 of the Finance Act 1999;
(d) section 119 of the Finance Act 2001; (e) section 79 of the
Finance Act 2003; (f) section 78 of the Finance Act 2005.
[7] See further recommendations of the Law Reform

Commission in the Report on Privacy, Surveillance and the
Interception of Communications, 1998; Consultation Paper on
Privacy, Surveillance and the Interception of Communications,
1996.
[8] Article 40.3 protects the right to privacy which was
recognised as an unenumerated right in Kennedy et al. v
Ireland [1987] IR 587.
[9] Kane v. Governor of Mountjoy Prison [1988] 1 IR 757. In this
case, the applicant was followed continuously by a large
number of Garda who were awaiting the execution of an
extradition warrant to Northern Ireland. The Supreme Court
stated that the absence of specific justification for the overt
surveillance of an individual could constitute an infringement of
his constitutional right to privacy and could be unlawful.
However, on the facts of the case, whereby Garda were
expecting the Royal Ulster Constabulary to issue a warrant in
relation to subversive activities, the Supreme Court held that
overt surveillance was permitted. The Supreme Court noted
that such overt surveillance had to be accompanied by a
specific adequate justification.
[10] King v. Attorney General [1981] IR 233 at 257.
[11] Heaney v. Ireland,[1994] 3 IR 593, at 607.
[12] Niemietz v. Germany Judgment of 16 December 1992,
(1992) 16 EHRR 97.
[13] Peck v. United Kingdom Judgment of 28 January 2003,
(2003) 36 EHRR 41 at para 57.
[14] Rotaru v. Romania, Judgment of 4 May 2000, (2000) ECHR

192 at para. 43.
[15] P.G. and J.H. v United Kingdom ECtHR Unreported, 25

September 2001, Application No. 44787/98 at para. 57.
[16] Ibid.
[17] Ibid.
[18] Ibid.
[19] Ibid. para. 59.

192; Amann v. Switzerland, Judgment of 16 February 2000,
(2000) 30 EHRR 843.


(2003) 36 EHRR 41.
[23] Perry v. United Kingdom Judgment of 17 July 2003, (2004)

39 EHRR 76.
[26] Friedl v. Austria, Application no. 15225/89, 26 January 1995.
[27] S. and Marper v. United Kingdom Judgment of 4 December

2008, Application nos. 30562/04 and 30566/04. See further
Dermot P.J. Walsh, Human Rights and Policing in Ireland: Law,
Policy and Practice, 1st ed, Clarus Press, Dublin, 2009, pp. 162-
175.
[28] Section 8 of the Code of Practice for Community-Based

CCTV Systems.
[29]See above para. 11.
[30] Klass v. Germany Judgment of 6 September 1978, (1978) 2

EHRR 214, at para. 49.
[31] Ibid. para. 50. See paras 51 et seq. of the judgment for an
in-depth discussion on the precise safeguards in place.

EHRR 214 at para. 68.
[37] See further Ombudsman (Defence Forces) Act 2004.
[38] Keenan v. United Kingdom Judgment of 3 April 2001, (2001)

33 EHRR 1357; McKerr v. United Kingdom Judgment of 4 May
2001, Application no. 28883/95; Shanaghan v. United Kingdom
Judgment of 4 May 2001, Application no. 377715/97; Jordan v.
United Kingdom Judgment of 4 May 2001, Application no.
24746/94; Kelly and Ors. v. United Kingdom Judgment of 4 May
2001, Application no. 30054/96.
[39] Jordan v. United Kingdom Judgment of 4 May 2001,
Application no. 24746/94, at para. 107.
[40] Ibid. para. 107.
[41] Ibid.
[42] Ibid.
[43] Section 91 of the Garda Sochna Act 2005.
[44] Section 82(1) and Section 98 of the Garda Sochna Act

2005.
[45] Under Section 56(3) of the Police (Northern Ireland) Act

1998 a person employed by the Police Ombudsman for
Northern Ireland shall for the purpose of conducting, or
assisting in the conduct of, an investigation have all the powers
and privileges of a constable throughout Northern Ireland and
the adjacent United Kingdom.
[46] Under Section 4(1) of the Independent Police Complaints
Commission (Investigatory Powers) Order 2004 certain officers
of the IPCC are prescribed as being capable of authorising
surveillance for the purposes of section 30 of the Regulation of
Investigatory Powers Act 2000.
[47] See further IHRC, Policy Statement Human Rights
Compliance of An Garda Sochna, April 2009, pp. 39-43.
[48] On human rights proofing see further ibid. pp. 37-39.
[49] Ibid. pp. 42-43.

[50] The IHRC previously recommended that disciplinary
proceedings should result where there has been a breach of
the Garda Code of Ethics by a member of An Garda Sochna.
See IHRC, Observations on the Scheme of the Garda Sochna
Bill, 2003, November 2003. See further IHRC, Policy Statement
Human Rights Compliance of An Garda Sochna, April 2009,
pp. 41-43.
[51] Part II of the Investigatory Powers 2000 Act (2000 Act)
permits the Home Secretary to issue one or more codes of
practice relating to the exercise and performance of the powers
and duties under Parts I to III of the 2000 Act, section 5 of the
Intelligence Services Act 1994 (warrants for interference with
property or wireless telegraphy for the purposes of the
intelligence services), and Part III of the Police Act 1997
(authorisation by the police or customs and excise of
interference with property or wireless telegraphy). Part I of the
2000 Act relates to interception of communications; Part II of
the 2000 Act relates to acquisition and disclosure of
communications data; and Part III of the 2000 Act relates to
surveillance and covert human intelligence sources. The Home
Secretary issued a code of practice in relation to Covert
Surveillance in 2002.
Repression in the Name of Rescue:

The Oireachtas Justice Committees
Sex Work Proposals
July 10, 2013,
cross-party support for increased Garda powers of covert
surveillance last June
WENDY LYON OF FEMINIST IRE ON THE BARELY NOTICED DRACONIAN
MEASURES RECOMMENDED BY THE JOINT OIREACHTAS COMMITTEE ON
JUSTICE, DEFENCE AND EQUALITY TO BE INCLUDED IN THE
FORTHCOMING LEGISLATION TO CRIMINALISE THE PURCHASE OF SEX.
Last month, the Joint Oireachtas Committee on Justice, Defence

and Equality announced its support for legislation to criminalise the
purchase of sex. While this received some media coverage, little
notice was taken of the related recommendations put forward
simultaneously by the Committee some of which are frankly
draconian.
These include the following:
An offence of recklessly permitting a premises to be used for the
purposes of prostitution. Although a sex worker who operates
alone out of a premise is committing no crime under either the
present or proposed legislation, this would effectively criminalise
indoor commercial sex by penalising a landlord who fails to act
against it. According to a report commissioned by the City of Oslo,
a similar provision in Norways penal code (enforced under the
ominously-named Operation Homeless) has led to the eviction of
sex workers from their flats, and makes them less likely to contact
police about crimes committed against them lest the police then
threaten their landlords. It has also led to the racial profiling by
landlords of nationality groups associated with prostitution, who
now find it difficult to rent premises and must depend on third
parties to secure accommodation for them.
power for An Garda Sochna to have disabled or vested in them
any telephone number in use in the State that is suspected on
reasonable grounds of being used for the purposes of prostitution.
This provision could cut off sex workers access to communication
by phone which would affect them in all aspects of their life, not
merely their sex work activity. (While many sex workers use one
phone for personal calls and one phone for business, its unlikely
the Garda could easily distinguish between the two unless they
were prepared to listen in to all calls made or received by a
suspected sex worker a civil liberties breach reminiscent of the
Snowden revelations.) Denying sex workers the right to use
telephones could also have adverse effects for their safety, by
making it impossible for them to use ugly mugs schemes that
alert them to dangerous clients, or preventing them calling for help
if attacked.
that the accessing of web sites whether located in the State or
abroad that advertise prostitution in the State should be treated
in the same way as accessing sites that advertise or distribute child
pornography. Leaving aside the question of whether it is
appropriate to treat seeking out sex from an at least potentially
consenting adult as comparable to seeking out abuse of a child,
this proposal makes no distinction between those who seek out
sex and those who advertise it. Thus, sex workers themselves
could be liable to prosecution (and presumably placement on the
sex offenders registry) by accessing these sites for the purpose of
advertising. Outreach health and social service workers who
engage with sex workers through these sites, as well as sex
industry researchers, would also be affected. It goes without saying
that this proposal would require a significant expansion of the
apparatus already in place to monitor Irish internet usage.
Shockingly, these proposals received unanimous endorsement
from the Committee which includes Labour members Ivana
Bacik, Anne Ferris and Sen Kenny; Sinn Fins Pdraig Mac
Lochlainn; and independents Finian McGrath and Katherine
Zappone, all of whom might have been expected to have at least
some concerns for the civil rights and liberties that would be
eviscerated by the recommendations.
Of course, support for repressive legislation is nothing new among
the Irish moderate-left. It was, after all, a Labour minister that
extended Section 31 to ban Sinn Fin spokespersons from the
airwaves, and Labour and some of the left independents vote to
renew the Offences Against the State Act every year. But it is one
thing to support measures like these against persons suspected of
paramilitary or gangland involvement, and quite another to support
them against persons who in the ideology of those leading this
campaign are believed to be victims themselves. It is deeply
ironic that at a time when the State is facing a multi-million euro
payout to women of a previous generation whose human rights
were suppressed in the name of saving them, an Oireachtas
committee is now making new proposals to do the same.
http://www.irishleftreview.org/2013/07/10/repression-rescue-
oireachtas-justice-committees-sex-work-proposals/
REPORT BY THE COMMISSIONER FOR
HUMAN RIGHTS
MR. THOMAS HAMMARBERG
ON HIS VISIT TO IRELAND
26 - 30 November 2007
For the attention of the Committee of Ministers and the
Parliamentary Assembly
REPORT BY THE COMMISSIONER FOR HUMAN RIGHTS ...
processes and strategic behaviours for human rights
compliance ... in his meeting with Garda the police .
Introduction
1. The Council of Europe Commissioner for Human Rights Mr.
Thomas Hammarberg conducted an official visit to Ireland
from 26 to 30 November 2007 upon invitation by the Irish
Government. The visit was part of a continuous process of
regular country missions by the Commissioner to all Council of
Europe member states to assess their effective respect for
human rights
1
The Commissioner was accompanied by Mr. Lauri Sivonen,
Ms. Silvia Grundmann and Mr. Stefano Montanari, members of
his Office.
2. In the course of his visit the Commissioner met with An
Taoiseach Bertie Ahern, Minister for Foreign Affairs Dermot
Ahern, Minister for Justice, Equality and Law Reform Brian
Lenihan, Minister for the Environment, Heritage & Local
Government John Gormley, Minister for Health and Children
Mary Harney, Minister of State for Children Brendan Smith,
and Minister of State for Integration Conor Lenihan. Mr.
Hammarberg visited Dublin and Cork and held discussions with
representatives of local authorities, parliamentarians,
members of the judiciary, specialised ombudspersons,
members of the Irish Human Rights Commission (IHRC), as
well as civil society representatives. Furthermore, the
Commissioner delivered the IHRC Annual Human Rights
Lecture in Dublin and, in Cork, addressed the participants of a
seminar on guardianship and migrant children jointly
organised by the Centre for Criminal Justice and Human Rights
of the University College Cork and the Irish Refugee Council.
He also made several institutional visits to facilities and sites
with human rights relevance.2
3. The Commissioner expresses his great appreciation for the
generous co-operation of the Irish authorities at all levels in
facilitating the visit and wishes to thank the Minister for
Foreign Affairs and his Department for their shared
commitment to the objectives of the mission. Moreover, he
extends his gratitude to all people met during the visit for their
open attitude and frank exchange of views. The Commissioner
is particularly pleased to have had the opportunity to meet
with many civil society representatives who shared their
expertise and valuable insights regarding the human rights
situation in Ireland.
4. The purpose of this report is to identify opportunities for
improving the protection and promotion of human rights in
Ireland. The Commissioner considers that following on from an
open dialogue with the relevant authorities during his visit, this
report should serve as a tool for progression, future co-
operation and follow-up. He calls upon the authorities and
institutions concerned to contribute their collective expertise
for further strengthening of human rights protection in Ireland.
Continuous efforts are required in every member state to
uphold human rights to a high standard. Such work can only
be efficient and constructive when it is carried out through
permanent dialogue with all stakeholders.
5. This report begins with a brief assessment of the national
system for human rights protection in Ireland and is followed
by chapters dealing with specific human rights concerns the
Commissioner wishes to highlight. It is based on information
acquired during the visit along with statements, reports and
statistics provided by the authorities and civil society
organisations in Ireland. Naturally, relevant reports prepared
by human rights monitoring mechanisms of the Council of
Europe and other international organisations are also referred
to. This first assessment report of the Commissioner in
relation to Ireland does not provide an exhaustive analysis of
the human rights situation in Ireland but rather reflects what
the Commissioner considers to be the priorities for improving
the protection of human rights in the country.
2. National system for protecting human rights
2.1 Status of international human rights standards
6. Ireland ratified the European Convention on Human Rights
and Fundamental Freedoms (ECHR) in 1953. The Northern
Ireland Peace Agreement (Good Friday Agreement), which was
reached in multi-party negotiations on 10 April 1998, provided
for the establishment of a Human Rights Commission in
Ireland and for a Human Rights Commission in Northern
Ireland. Under the Good Friday Agreement, the Commissions
are charged with promoting and protecting human rights in
their respective jurisdictions and with working together in
order to promote the protection of human rights on the island
of Ireland.
7. On 30 December 2003, the European Convention on Human
Rights Act 2003 entered into force implementing the European
Convention into Irish law subject to the Irish Constitution of
1937. Since then, people have been able to claim the rights
and freedoms of the European Convention before domestic
courts. As this legal framework is regularly used by the
domestic courts, the Commissioner considers the Human
Rights Act 2003 to be a core instrument in upholding and
promoting human rights in addition to the fundamental rights
guaranteed in the Irish Constitution of 1937.
8. Ireland has ratified most of the Council of Europes and
other key international human rights treaties, including the
Revised Social Charter and its collective complaints procedure.
In 2007, Ireland signed the Convention on Action against
Trafficking in Human Beings, and the Convention on the
Protection of Children against Sexual Exploitation and Sexual
Abuse. The Commissioner welcomes these steps and strongly
encourages Ireland to ratify these instruments. Likewise, the
Commissioner calls upon the Irish authorities to ratify Protocol
No. 12 to ECHR on the general prohibition of discrimination
and the Convention on Cybercrime, as well as to sign and
ratify its Additional Protocol concerning the criminalisation of
acts of a racist and xenophobic nature committed through
computer systems. Among UN treaties, Ireland has signed but
not yet ratified the Optional Protocol to the United Nations
Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (OP-CAT).3 The Irish
Government is currently reviewing domestic law in view of
possible changes to meet OP-CAT requirements regarding the
mandates of bodies intended to constitute the foreseen visiting
mechanism to places of detention.
9. Ireland has neither signed nor ratified the Convention on
the Participation of Foreigners in Public Life at Local Level, the
Convention on the Legal Status of Migrant Workers or the
International Convention on the Protection of the Rights of All
Migrant Workers and Members of their Families. The
Commissioner invites the Irish authorities to reconsider
adhering to these treaties as they would enhance the
protection of the rights of migrants and foreigners in Ireland.
2.2. The Irish Constitution and its envisaged reform
10. The Constitution of Ireland was adopted in 1937 by a
referendum and may only be amended in the same manner. It
established an independent state based on a representative
democracy and guarantees certain fundamental rights
specifically stated in Articles 40-44 which have been further
developed and extended by the jurisprudence of superior
domestic courts.4 Efforts are currently being made to
implement a constitutional reform as part of the Agreed
Programme for Government of June 2007 with a focus on
children. The proposed new article on children would change
current family and criminal law and aim at improved protection
of children. A joint Oireachtas (Parliament) Committee has
been set up to consider the wording and make further
recommendations.5
2.3 The judiciary and access to justice
11. The Irish judiciary comprises superior and lower courts.
The superior courts, i.e. the Supreme and the High Court,
have been established directly under the Irish Constitution.
The Supreme Court is the court of final appeal and is obliged
to hear all appeals which are brought before it, albeit in some
cases legislation in a particular area may limit appeals to
points of law only. Its decisions as to the interpretation of the
Constitution and the law are final. The High Court also has
authority to interpret the Constitution while its main function is
to take up the most serious criminal and civil cases and certain
appeals from lower courts. When sitting as a criminal court it
is called the Central Criminal Court its trials occur before a
jury. The lower courts have been set up by ordinary law. The
Circuit Court when dealing with criminal matters, sits with a
jury which decides the guilt or innocence of an accused. The
criminal jurisdiction of the District Court is limited to minor
matters which may be tried summarily without a jury. If
District Courts hear childrens cases, they sit as the Children
Court. Due to the volume of cases in the areas of Dublin, Cork,
Limerick and Waterford, there are dedicated sittings of the
District Court as Children Court. The Children Courts hear all
charges against children under 18 years of age except those
which the judge, due to their gravity or other special
circumstances, decides to transfer to the Circuit Court. The
procedures in the Children Court are summary ones if the
childs parent or the young person has been informed of
his/her right to trial by jury and has waived this right.
12. In addition, the Constitution makes provision for the
establishment of Special Courts to secure the effective
administration of justice where the ordinary courts would be
unable to do so. The only example so far is the Special
Criminal Court which tries those accused of being members of
paramilitary organisations or of leading organised crime,
normally without a jury. Finally, a number of separate tribunals
or determination bodies have been set up with reference to
Article 37.1 of the Irish Constitution. These include the
Equality Tribunal6, the Labour Court, the Censorship Board and
the Refugee Appeals Tribunal7.
13. Against the background of increased migration to Ireland,
the Commissioner underlines that access to justice should not
be hampered by insufficient knowledge of local languages and,
therefore, underlines the importance of the availability of
interpretation and translation services.8 Furthermore, access to
justice is often conditioned by financial resources and the
availability of legal aid for those who lack sufficient means.
While the right to civil legal aid has been recognised in Ireland
since 1979,9 the current scheme of civil legal aid has been
criticised as being limited in its scope and application. 10 The
Irish Human Rights Commission in its Strategic Plan 2007-
2011 highlights the need to ensure that vulnerable groups
(such as asylum-seekers, refugees, migrant workers, ethnic
minorities including Travellers, lesbian, gay, bisexual and
transgender people, homeless people, prisoners and people
with disabilities) will be in a position to access justice through
the courts. Furthermore, civil society representatives have
pointed out that judges are not always sufficiently trained to
deal with members of these groups as well as children. The
Commissioner underlines the importance of regular training for
all members of the judiciary. He also stresses the need for a
comprehensive and accessible scheme of legal aid that reflects
the actual cost of living.
14. Concerning the length of court proceedings, the
Commissioner notes with satisfaction that Ireland has had very
few cases before the European Court of Human Rights in which
a violation for excessive length has been found. In 1999, a
Courts Service was established as an independent agency to
manage and support the courts with a view to reducing waiting
time, especially in criminal and family law matters. Additional
judges were also appointed. The report Justice Matters of the
Irish Council for Civil Liberties (ICCL) of July 2007 finds that
the situation has vastly improved with the establishment of the
Courts Service, yet voices some concern regarding the
adequate funding of the Irish court system. The Commissioner
encourages the Irish authorities to monitor the situation so as
to ensure that the length of proceedings remains reasonable.
2.4 Complaints bodies and human rights structures
15. The Irish Ombudsman, who is independent in the
performance of her functions, investigates complaints about
the administrative actions of Government Departments, the
Health Service Executive, local authorities and An Post.11 The
Ombudsman is appointed by the President following a
recommendation passed by both Houses of the Oireachtas and
she reports to the Parliament. The Ombudsman can investigate
an action on the basis of an individual complaint as well as her
own initiative. She is empowered to issue recommendations,
but her findings are not binding. Where it appears to the
Ombudsman that the response to a recommendation which
she has made is not satisfactory she may make a special
report on the matter to the Parliament. Under the Disability
Act 2005 she can deal with complaints related to the
accessibility of public buildings. The Ombudsman also acts as
the Information Commissioner, set up under the terms of the
Freedom of Information Act 1997. The Information
Commissioner may review the decisions of public bodies in
relation to requests for access to information.
16. The Ombudsman cannot investigate complaints related to
recruitment or terms of employment as this is within the remit
of the Equality Tribunal. Moreover, the Ombudsmans mandate
does not cover aliens or naturalisations and actions taken in
the administration of prisons or other places of custody. An
extension of the remit is foreseen in an Ombudsman
(Amendment) Bill soon to be published. It does not appear to
address the latter gaps, although the Ombudsman has actively
sought an extension and is one of the few Ombudsman offices
in Europe being restricted in these matters.
17. The Ombudsman for Children aims at ensuring that the
Government and other decision-makers take the best interests
of children into account. She is appointed by the President
following a recommendation passed by both Houses of the
Oireachtas, and she reports to the Parliament. The main areas
of work of the Ombudsman are independent complaints
handling, communication and participation, research and
policy. In accordance with the Ombudsman for Childrens Act
2002, the Ombudsman for Children does not have a remit if a
case is or has already been dealt with by a court; it affects or
relates to national security (including police) or military
arrangements; relates to the recruitment or appointment of
staff or to a contract of services or employment; concerns
exams results; relates to decisions about asylum, immigration,
naturalisation or citizenship status; or concerns the running of
prisons or other places of detention (i.e. police stations) with
the exception of childrens detention schools where the
Ombudsman for Children does have a role in investigating
their management.
18. The Data Protection Commissioner, who reports to the
Parliament, is responsible for upholding the rights of
individuals set out in the Data Protection Acts 1988 & 2003
and enforces the obligations of data controllers. The
Commissioner is appointed by the Government and is
independent in the exercise of his or her functions. He receives
and investigates individual complaints and takes whatever
steps may be necessary to resolve them. The decisions of the
Data Protection Commissioner can be appealed to the Circuit
Court. An independent Garda Sochna Ombudsman
Commission was introduced by the Garda Sochna Act 2005
to deal with all police complaints. It replaced the Garda
Sochna Complaints Board on 9 May 2007.12 In addition there
are other specialised ombudsperson institutions such as the
independent Pensions Ombudsman and the Ombudsman for
the Defence Forces. The Equality Authority is an independent
body established in 1999 to combat discrimination and
promote equality of opportunity under the Employment
Equality Act 1998 and the Equal Status Act 2000.13
19. The Irish Human Rights Commission (IHRC) was
established in accordance with the Good Friday Agreement as
an independent national human rights institution in line with
the Paris principles14. In line with the Human Rights
Commission Acts 2000 and 2001, it comprises 15 members
appointed by the Government for a period of 5 years, with at
least 7 members of each sex. The mission of the IHRC is to
endeavour to ensure that the human rights of all people in the
state are fully realised and protected in law, policy and
practice. It is empowered to make recommendations to the
Government on measures to strengthen, protect and uphold
human rights. The Commission is currently administratively
associated with the Department of Justice, Equality and Law
Reform. In the opinion of the Commissioner, the already widely
recognised independence and impartiality of the Irish National
Human Rights Commission could be further enhanced by
rendering it directly accountable to the Parliament through the
presentation of its annual reports.
20. As a non-statutory co-regulatory body, the Press
Ombudsman took up office in January 2008. Appointed by the
Press Council of Ireland, he may receive complaints from
members of the public and considers whether the case is in
breach of the Code of Practice for Newspapers and Periodicals.
The Press Ombudsman also has the option of referring difficult
cases to the Press Council. The Press Council comprises 13
people with a lay majority of seven members, including the
Chairman, who are chosen by an Appointments Committee
and drawn from suitably qualified persons representative of a
broad spectrum of civil society. The remaining six members of
the Press Council provide senior editorial and journalistic
expertise and perspectives reflective of the media industry.
21. During his visit the Commissioner met with members of
many human rights structures and was impressed by their
dedicated work for the protection of human rights. He notes
however, that due to the number of different bodies and the
fact that some of them have been established only recently, it
may be difficult for the general public to see where their
individual concern might be best placed. The Commissioner
welcomes that each of these structures already provides
information on its mandate and procedures to the public in an
easily understandable format. However, he encourages the
Irish authorities to make available more comprehensive and
comparative information to guide the potential complainant
better in finding the relevant complaints body. The
Commissioner underlines that in order to be effective and
trusted by the public, the independence and adequate funding
of human rights structures is of particular importance. The
Commissioner acknowledges the constant efforts taken by the
Irish Government to resource the national human rights
institutions and encourages them to continue their endeavour.
22. The Commissioner is aware of the ministerial veto enabling
members of the Government to stop an investigation
conducted by the Ombudsman or the Ombudsman for
Children.15 He understands that the provision is not aimed at
preventing the scrutiny of discretionary administrative
decisions by the two Ombudspersons but rather excluding
value judgments which are better assessed by the Oireachtas.
There are counterbalancing provisions which require the
Ombudsman to inform the complainant of when the veto is
exercised and the Minister to give his reasons in writing to the
Ombudsman. In fact, the veto has never been used. The
Commissioner encourages the Irish authorities to revise the
current provision for the sake of clarity as it could be perceived
as an impediment to the independence of the Ombudspersons.
Moreover, the Commissioner notes the current gaps in the
mandates of the Ombudsman as well as the Ombudsman for
Children related to questions of asylum and migration and
places of detention. He observes that the ratification and
implementation of the Optional Protocol to the UN Convention
against Torture (OP-CAT) will provide a timely opportunity for
reviewing the current mandates of human rights structures
with a view to optimising their effectiveness and independence
as well as closing any remaining gaps in needs for protection.
2.5 Police
23. The Commissioner attaches great importance to the role of
the police authorities in protecting human rights. The Irish
authorities have faced serious allegations of police misconduct
in the past and have reacted by setting up a special tribunal in
2002, headed by Mr. Justice Morris, which has so far published
five reports leading to a number of reform measures to
strengthen transparency and accountability.16 In 2004, an
external audit report of the An Garda Sochnas (the Irish
Police) structures, policies, processes and strategic behaviours
for human rights compliance was published, based on the
Council of Europe manual Policing in a Democratic Society
Is your police service a human rights champion?. The Police
are currently implementing a human rights action plan.
24. During the visit, officials of the Irish Police pointed out that
human rights play an important role in police training on all
levels. Training, manuals and guidelines aim at enabling the
Irish police to perform their functions in a manner compatible
with the obligations under the European Convention on Human
Rights. Efforts are being made to increase the recruitment of
women and members of minorities, including Travellers, in the
police service. A working group to review police training and
development opportunities for personnel has also been
established.
25. The Commissioner recalls that policing in a democratic
society requires that police authorities are willing to be
monitored and held accountable for their actions. In this
context, independent monitoring and complaints bodies are
especially apposite. The Commissioner was delighted to meet
with a member and staff of the newly established Garda
Sochna Ombudsman Commission (GSOC) set up in May
2007.17 The primary task of the Police Ombudsman
Commission is to investigate complaints made by the public
concerning the conduct of Garda members as well as to
investigate cases referred to it by the Garda Commissioner.
The Ombudsman Commission is headed by three
Commissioners, appointed by the President of Ireland, and is
endowed with a support staff of around 80 persons, about half
of them investigators and many of them recruited from abroad
to ensure independence. Comprehensive information material
is available on line and in print to explain the role of the GSOC.
After an investigation, the Commission may initiate mediation
as well as disciplinary action or transfer the file to the
prosecutor if police misconduct has been revealed. The
Commissioner is of the opinion that the independent Police
Ombudsman Commission can serve as a model to other
countries and encourages the Irish authorities to continue its
further development based on the experience gained.
2.6 Civil society
26. The Commissioner was encouraged to observe a very
active civil society sector covering all aspects of human rights
in Ireland. During his visit the Commissioner met with
numerous NGO representatives and is very grateful for having
been able to share their expertise and valuable information on
the human rights challenges they have encountered.
27. Regarding restrictions on tax-free donations to NGOs, the
Commissioner is aware that the current definition of political
purpose in the relevant legislation is so broad that it may
constitute an impediment for legitimate advocacy activities of
NGOs. In September 2007, the OSCEs Office for Democratic
Institutions and Human Rights recommended that the Electoral
Act 1997 be amended to limit the definition. Furthermore,
there seems to be no clarity on whether the promotion of
human rights, equality and social justice will be considered as
charitable purposes under the Charities Bill 2007 currently
under review by Parliament.
28. As to the dialogue between the Irish authorities and civil
society, the Department of Foreign Affairs has established a
formal framework for regular contacts with NGOs through their
joint standing committee on human rights established in 1997.
Other departments interact with civil society on specific policy
issues. However, there are plans to establish a systematic
approach for civil societys consultation in the area of
integration with the help of a task force. During the
Commissioners visit, several NGOs expressed their concern
about the reaction of the Irish authorities when they publicly
questioned the role of Pavee Point, an NGO representing
Travellers and Roma, in providing humanitarian assistance to a
group of Roma families from Romania in summer 2007.18 A
senior civil servant had been instructed to carry out a review
of Pavee Points role in the matter with potential consequences
regarding Government funding to the NGO.
29. The Commissioner underlines the need for constant and
constructive dialogue between the authorities and civil society
representatives. He encourages the Irish authorities to
continue to facilitate and support direct interaction with civil
society at all levels to ensure that the experience and
expertise of civil society representatives can benefit policy
formulation and implementation.
2.7 Human rights education
30. Human rights education is an essential part of a national
human rights policy. It ensures that individuals have an
understanding of their human rights and those of others,
thereby promoting critical thinking and mutual respect. In
Ireland, after the Good Friday Agreement of 1998, priority was
given to the advancement of human rights, although no
national action plan on human rights education has been
developed despite the commitments made during the UN
Decade for Human Rights Education (1995-2004). State
bodies, human rights structures and NGOs are involved in
providing human rights education on various levels. The
Department of Education and Science with the National Council
for Curriculum and Assessment (NCCA) are responsible for
formal education and curriculum.
31. For primary education (between the ages of 4-12) the
NCCA published guidelines on the integration of intercultural
education across the primary school curriculum in 2005.
Human rights issues are addressed in the primary school
curriculum through the Social, Personal and Health Education
(SPHE) programme, which is mandatory. Although human
rights terminology is not used, the programme aims at
developing an awareness of how to interact fairly with others,
learning to treat others with dignity and respect and to
appreciate differences. In addition, the Lift-Off initiative was
launched in 2001 by Amnesty International in association with
the Irish National Teachers Organisation and the Ulster Union
of Teachers to encourage the development of a human rights
culture as a cross-border human rights education pilot project
for primary schools. The Lift-Off initiative has developed
support materials covering all stages of the primary
curriculum, available free of charge to schools. A first
evaluation has been largely positive but finds that
mainstreaming is needed.19
32. For secondary education (between the ages of 13-18) the
education across the curriculum in 2006. For the junior cycle,
Social, Personal and Health Education is mandatory. In
addition, a mandatory course on citizenship education
including a series of modules in human rights education called
Civic, Social and Political Education (CSPE) has been developed
in close cooperation with NGOs; CSPE is an exam subject. The
NCCA is in the process of overhauling the senior cycle
curriculum and has stated that the proposed re-balancing of
the curriculum at senior level will provide new opportunities for
the inclusion of additional areas of study with a focus on
citizenship, human rights and global issues.
33. As part of the CSPE programme, teacher training on
human rights issues is provided by the Curriculum
Development Unit of the City of Dublins Vocational Education
Committee. Amnesty International is providing human rights
education through in-service training for primary school
teachers and principals and through post-graduate seminars at
higher colleges of primary education. At universities, a number
of human rights centres have been developed in association
with law faculties at University College Galway, University
College Dublin and University College Cork. Human rights are
featured in law courses. The Irish Human Rights Commission
and Amnesty International also deliver lectures on human
rights at universities. As for training of public servants and
professional bodies, the Law Society of Ireland organises
regular lectures on human rights law and has developed a
case-study for the first year syllabus for trainee solicitors. The
Irish Human Rights Commission has committed itself to
developing a human rights education programme for civil and
public servants, legal professionals and the judiciary, among
others.
34. Civil society organisations, including NGOs, voluntary and
community groups, religiously affiliated organisations and
advocacy groups, have been actively promoting human rights
in their educational activities for many years, some of them
having worked closely with the NCCA and the Development
Education Unit of Irish Aid on developing education projects in
the past. The National Youth Development Education
Programme (NYDEP) is a partnership between the National
Youth Council of Ireland and Irish Aid at the Department of
Foreign Affairs. The programme aims to integrate development
education, including anti-racist and intercultural education,
into the core programmes of youth organisations. There are
also programmes for community based actions in which NGOs
and the IHRC have cooperated, such as training courses to
community and womens groups on economic, social, and
cultural rights, with particular reference to the themes of
poverty and womens rights.
35. The Commissioner welcomes the wide range of on-going
initiatives in the field of human rights education in Ireland. He
encourages the Irish authorities to strengthen their efforts in
the context of immigration bringing new challenges to Irish
society. He recalls that a coherent and coordinated approach in
human rights education in schools might substantially reduce
the risk of bullying in schools, which was described as a
problem to the Commissioner during his visit. The need for
human rights education of professionals should be assessed
and addressed, in particular in the health sector and the
judiciary. Furthermore, in view of the many activities
undertaken and planned for, it would be useful to prepare a
base-line study to assess the extent to which human rights are
currently integrated into education and training. Such a study
would also help identify further needs for ensuring that human
rights awareness reaches all walks of society and facilitate the
preparation of a national action plan on human rights
education.
2.8 National coordination of human rights issues
36. In his primary role under the Irish Constitution, the
Attorney General acts as an advisor to the Government in
matters of law. During his visit, the Commissioner was pleased
to learn that in fulfilment of this mandate, the Office of the
Attorney General routinely considers the compatibility of draft
legislation with the Irish Constitution and the European
Convention on Human Rights and advises accordingly. During
his visit, the Commissioner also learned that the Department
of Justice, Equality and Law Reform reviews legislation for
compatibility with equality legislation.
37. However, the Commissioner notes that currently there is
no national action plan for human rights in Ireland nor any
comprehensive coordinating mechanism among the authorities
in this field. The purpose of such an action plan should be to
improve the protection and promotion of human rights through
a comprehensive and coherent approach involving all
stakeholders including representatives of civil society. The
United Nations has provided guidance for the preparation of
human rights action plans, which should include a baseline
study to analyse the current human rights situation and the
structural framework for human rights protection.20 The
Commissioner is convinced that such an analysis would be
useful for clarifying the respective responsibilities of relevant
authorities and institutions and identifying and addressing any
remaining protection gaps. A national action plan on human
rights should be viewed as a coordinated and inclusive process
for the continuous improvement of human rights protection in
Ireland.
3. Childrens Rights
38. Children in Ireland are generally defined as all persons
below the age of 18, in line with the UN Convention on the
Rights of the Child to which Ireland is a state party. Ireland
has a relatively young population as children represent
approximately one-quarter of the total population. However,
many children in Ireland live under the risk of poverty. Despite
progress made due to Irelands rapid economic development
since the mid-1990s, the EU Survey of Income and Living
Conditions 2004 demonstrate that around 100,000 children,
that is one in 10, were living in consistent poverty. Another
230,000 children, nearly one in four, were at risk of
experiencing poverty.21 The need to tackle child poverty has
been addressed in numerous policy documents,22 the most
recent one being Irelands National Action Plan for Social
Inclusion 2007-2016 (NAP inclusion). One of its four policy
objectives is to ensure that children reach their true potential
by significantly reducing the number of children experiencing
consistent poverty to between 2% and 4 % by 2014, and
eventually eliminating it by 2016. The Action Plan aims at
providing targeted pre-school education, reducing literacy
difficulties and tackling early school leaving as well as
maintaining child income measures at 33-35% of the minimum
adult social welfare payment rate.
39. More generally, over the past years, childrens rights have
been a growing topic of discussion in Irish society, resulting in
the creation of the offices of a Minister of State for Children
and an Ombudsman for Children as well as the publication of
the National Childrens Strategy 2000-2010. The strategy aims
at bringing greater coherence to policy-making for children
and young people. In an effort to find out what issues are of
concern to children and young people in Ireland, the
Ombudsman for Children ran a participatory project called the
Big Ballot. In her meeting with the Commissioner, the
Ombudsman for Children informed him of its results: of the
over 70,000 votes cast by children, one-third ranked family
and care as the most important issue for children.23
40. The Commissioner welcomes the initiatives taken to
combat child poverty and to promote the possibilities for
children to be heard, in particular through the establishment of
the Office of the Ombudsman for Children. He calls on the Irish
authorities to promote equal opportunities through an effective
implementation of the National Action Plan for Social Inclusion
so as to protect all children against the negative impact of
economic hardship. Furthermore, he encourages the Irish
authorities to monitor the effects of their National Childrens
Strategy with a view to further enhancing childrens rights and
well-being.
3.1 Constitutional reform
41. In November 2006, An Taoiseach announced his intention
to hold a referendum on childrens rights to amend the
Constitution. After his re-election in June 2007, An Taoiseach
and his new Government confirmed this intention and
continued work on the Twenty-Eighth Amendment of the
Constitution Bill 2007 published in February 2007. The new
Article 42.A would change current family and criminal law.
With regard to family law and child welfare, under this article
the State will acknowledge and affirm the natural and
imprescriptible rights of all childrenand ensure that the best
interests of the child are put centre stage in the adoption and
care systems and in all custody disputes. In November 2007,
an all-party parliamentary Committee was established to
examine the amendment and to report back to the Oireachtas
within four months of its establishment. The date of the
referendum had not been decided at the time of writing this
report.
42. The Government initiative, while in principle welcomed by
Irish society, has stimulated broad and critical discussion on all
levels. NGOs24, experts25 and the Ombudsman for Children26
have expressed their concern that the approach taken by the
Government is not going far enough to meet the
recommendations of the UN Committee on the Rights of the
Child27 as it does not make the best interests of the child
principle generally applicable.
43. With regard to criminal law and child protection against
abuse, the Government proposes to allow the use of so-called
soft information28 about suspected child abusers and to
introduce legislation to make it impossible to claim the defence
of honest mistake about the age of the victim. While there
seems to be a general consensus that the current criminal law
needs to be revised due to a lack of adequate protection for
children, the proposed change is of concern to civil society.
This change may severely reduce defence rights and might
lead to disproportionate criminal sanctions of sexual activities
between teenagers. Furthermore, it appears to afford little
control over the gathering of soft information and its use with
regard to suspected child abusers.
44. The Commissioner noted with satisfaction that in June
2006 the Irish Government appointed two independent legal
experts as Special Rapporteurs on Child Protection to keep
under review legal developments and to audit them. The
experts submitted their annual reports. covering various
aspects of the proposed constitutional amendment, to the
Oireachtas in November 2007.29 The concerns raised in the
context of defence and information rights should be carefully
assessed in the light of Article 6 of the European Convention
on Human Rights and its interpretation by the European Court.
The Commissioner urges the Irish authorities to seize the
opportunity and include in their proposal for constitutional
amendment the best interests of the child as a general
principle, in line with the UN Convention on the Rights of the
Child.
3.2 Corporal punishment
45. While corporal punishment30 in Ireland is prohibited for
children in detention and schools as well as all places where a
child is in public care, and violence against children is
prohibited under the Children Act 2001, parents can still use
chastisement under common law.31 Following a collective
complaint brought by the World Organisation against Torture
(OMCT), the European Committee on Social Rights ruled in
2005 that Irelands common law reasonable chastisement
defence is in violation of Article 17 of the Revised European
Social Charter. The UN Committee on the Rights of the Child in
2006 reiterated its previous recommendation to ban all forms
of corporal punishment, including within the family.32 NGOs
representing children have expressed their disappointment
that although the Irish Government has made a commitment
to introduce legislation in line with developing social
standards, no draft legislation, nor any timeline for its
introduction, has been proposed.33
46. The Commissioner has called on all States party to the
European Convention on Human Rights to explicitly prohibit
corporal punishment, including in the family. The issue is
currently under review in Ireland. In late 2007, the specially
appointed Child Rapporteur delivered his expert opinion to the
Oireachtas. He warned that Ireland might be liable to a legal
action under Article 3 of the European Convention banning
torture, inhuman or degrading treatment or punishment and
recommended legislative change invoking the principle of
proportionality.34
47. The Commissioner wishes to refer to the ongoing Council
of Europe information activities in this field.35 He recalls that
although legal reform is needed, sustained public education
and awareness-raising, including the promotion of positive
parenting, is also necessary to end legal and social acceptance
of violence against children. He welcomes the ongoing review
in Ireland and urges the Irish authorities to bring Irish law in
line with international standards.
3.3 Separated and missing children
48. Separated children are defined as children under the age
of 18 who have been separated from both parents, or from
their previous or customary primary caregiver, but not
necessarily from other relatives.36 Separated children may be
seeking asylum because of fear of persecution or the lack of
protection due to human rights violations, armed conflict or
disturbances in their own country. They may be the victims of
trafficking for sexual or other exploitation, or they may have
travelled to Europe to escape conditions of serious
deprivation.37 Data on separated children in Ireland vary
significantly from one authority to another,38 but the Irish
authorities have indicated that the total number amounts to
5,369 between 2000 and 2007 of which 2,635 were reunited
with family members. 1,939 children applied for asylum during
the period 2000 to 2007. All separated children who enter
Ireland are placed in the care of the Health Service Executive
(HSE)39, with 180 children in care at year end 2007. It is
reported that the proportion of social workers allocated to
separated children seeking asylum is considerably lower than
that allocated to Irish children in care, even though both
groups are protected by the same Child Care Act 1991. In
Ireland, there is no regular practice of providing separated
children with a guardian ad litem to support and represent
them during the asylum procedure, where the child is
especially vulnerable. However, under the National Childrens
Strategy the Government has made a commitment to provide
a guardian ad litem for all separated children. It should be
noted that although a representative of the Refugee Legal
Service is present at the asylum process, this does not amount
to independent legal counsel.
49. The majority of separated children aged 16 to 18 in Ireland
do not reside in children's care centers, but in privately
managed hostel accommodation with no professional care
staff. Children under the age of 16 are placed in foster care or
in a residential placement with professional care staff. The
Transition Supports Project40, has two youth outreach workers
who regularly visit separated children in their accommodation
and develop special programmes for them. The hostels are not
covered by the National Standards for Childrens Residential
Centres and its system of internal and external complaints.
The Health Information and Quality Authority (HIQA) and its
Social Services Inspectorate (SSI) are responsible for
inspecting accommodation facilities where children are placed.
NGOs have reported that nearly all hostels failed the
inspection, but no inspection report has so far been made
public.
50. The Commissioner notes that some consideration has been
given to adapting the asylum process to children in the
proposed 2008 Immigration, Residence and Protection Bill, in
particular by incorporating the principle of the best interests of
the child within some provisions. He is, nevertheless,
concerned that this principle is not generally applicable in all
provisions of the Bill relating to children. The current absence
of guardians ad litem for each child is also a matter of
concern. Guardians play a particular role in ensuring that the
voice of a separated child is heard during the asylum
procedure and that his or her best interests are taken into
account in an objective manner. 41
51. The Representative of the UN High Commissioner for
Refugees in Ireland expressed concerns to the Commissioner
regarding separated children who are not identified as such by
Irish immigration officials at a port of entry partly due to the
absence of standardised methods for age assessment.
Moreover, the Commissioner is of the opinion that separated
children should be exempt from procedures related to safe
third countries and safe countries of origin, so-called
manifestly ill founded applications, and Dublin II transfers.
Similarly, in the light of the European Courts case law, they
should not be detained on immigration grounds or refused
entry to the State.42 He therefore welcomes that under the
proposed Immigration, Residence and Protection Bill children
may not be detained on immigration grounds.
52. The inadequate level of care provided to separated
children, along with the lack of mechanisms for identifying
separated children who enter the country, has been directly
linked to instances of children going missing. These children
may be in inherent danger of being trafficked for exploitation.43
The HSE reports that 313 children had gone missing from their
care placements between 2001 and 2005 and that 35 of these
were subsequently located, giving a net figure of 278 children
missing.
53. In 2007, Ireland signed both the Convention on action
against trafficking in human beings and the Convention on the
protection of children against sexual exploitation and sexual
abuse.44 Both Council of Europe conventions are victim
focussed, aiming at their protection and support through a
variety of means, including social ones. In October 2007, the
Minister for Justice, Equality and Law Reform published the
Criminal Law (Human Trafficking) Bill 2007, which contains
provisions criminalising trafficking in children for the purpose
of labour exploitation and the removal of organs for
exploitative purposes.45 NGOs and the Childrens Ombudsman
have however criticised the Bill for lacking effective measures
for victim support. The criticism was partly met in the draft
Immigration, Residence and Protection Bill, published in
January 2008, which contains provisions for a so-called
reflection and recovery period for victims of trafficking. While
welcoming these positive developments, the Commissioner
notes that the proposed 45-day reflection period may not be
long enough in the case of traumatised children.
54. The Commissioner is deeply concerned with the high
number of children who have gone missing from
accommodation centres in Ireland. A child who finds him or
herself in the care of the state should be afforded an equal
level of protection and rights as Irish children, while particular
attention needs to be paid to the prevention of
disappearances. Unaccompanied minors lack the protection
normally provided by families and are consequently
particularly vulnerable. This is even more so when children
have been traumatised through forced participation in armed
conflict. In order to provide adequate care for separated
children, and especially the more vulnerable ones,
accommodation centres should be staffed by vetted and
professional personnel. Children should also be given
information adapted to their age regarding the dangers of
human trafficking. Moreover, the provision of guardians ad
litem for each child would benefit the objective of preventing
disappearances as well. Finally, the role currently played by
NGOs in providing support for victims of trafficking should be
recognised and supported by the authorities.
3.4 Access to education
55. In the past, the Irish authorities have been criticised for
under-spending on education, resulting in poor infrastructure
and equipment and large class sizes,46 as well as for a lack of
choice due to the fact that the overwhelming majority of
primary schools in Ireland are Catholic schools. It should be
noted in this context that the vast majority of primary schools
in Ireland were originally established by religious authorities,
mainly the Catholic Church, and that they still continue to run
most of them. While the 2006 budget saw an increase of 500
teachers and much progress has been made in improving the
infrastructure,47 the lack of choice remains a problem. The
Commissioner visited Glanmire Community College, a non-
denominational school in County Cork and met with staff and
students. The growing diversity of Irish society has seen an
increase in the demand for multi-denominational or non-
denominational schools that the current practical and
legislative infrastructure is unable to meet, in particular when
schools are obliged to enrol Catholic applicants first. The
European Commission against Racism and Intolerance has
recommended that the greater demand for non-
denominational or multi-faith schools should be met.48 During
the visit of the Commissioner, several NGOs expressed
concerns about the segregation of non-catholic migrants in
education. They highlighted the case of a school in Balbriggan
which was almost entirely composed of African pupils who had
not been admitted to Catholic schools due to the priority given
to Catholic applicants. This case had attracted particular
controversy and criticism as regards insufficient preparation
for residential and educational integration of immigrant
communities.
56. The Commissioner encourages the Irish authorities in their
efforts to provide education in a safe and stimulating
environment and that the teacher-pupil ratio should be such as
promotes active learning for all groups of children. He notes
with satisfaction that the Irish Government intends to meet
the needs for providing adequate school facilities for the
estimated increase of 100,000 children entering Irish primary
schools over the next seven years. The Commissioner
underlines that providing quality education accessible to all
children is one of the most efficient ways of preventing
inequality, poverty and social exclusion. He welcomes the new
state model of community national school to be piloted in
three locations from September 2008. The model aims at
facilitating religious education for various denominational
groups. There are also plans to set up a tri-religious,
intercultural, interdenominational primary school in County
Kildare, teaching children of Christian, Jewish and Muslim
backgrounds together. Moreover, the Commissioner
appreciates the new school enrolment policy of the
Archdiocese of Dublin, which has recently set aside a one-third
quota for non-Catholic children in two pilot schools located in
areas of massive population growth. He encourages the
authorities to systematically address the increasing demand
for choice within the educational system while involving all
stakeholders including children in the process.
3.5 Access to mental health care
57. In January 2006, the Government adopted a mental health
strategy A Vision for Change in an effort to address deficits in
the Irish mental health system. Despite a certain progress
being observed, the lack of implementation of this strategy has
come under criticism by health professionals, NGOs, the
Ombudsman for Children and the Committee for the
Prevention of Torture (CPT).49 On the one hand, the question of
whether the current law permits persons who have been
detained in the Central Mental Hospital and who are no longer
in need of in-patient care, to be released subject to conditions,
is unclear and is the subject of litigation.50 On the other, there
are not enough places for those in need of hospitalisation. This
can result in police detention as an interim measure for a
disturbed person, notwithstanding that this practice has been
ruled illegal by the High Court.51 The Commissioner visited the
Central Mental Hospital which has been in operation since the
1850s as a secure psychiatric institution for those found
criminally insane or in need of therapeutic intervention -
frequently involuntary - in a secure setting. It has been the
subject of a number of reviews, the most recent of which was
commissioned by the Mental Health Commission. Its 2006
inquiry report highlighted many concerns that, despite
progress in some areas, continued to prevail in the institution
and concluded with several recommendations.52
58. During his visit it was apparent to the Commissioner that
the principal buildings of the Central Mental Health Hospital
were not suitable to meet todays care standards, a fact that
has met with general consensus. In the Irish Minister for
Health and Childrens meeting with the Commissioner, she
confirmed plans to build a new facility in the vicinity of
Thornton Hall, North of Dublin, projected to be completed in
2012. As Thornton Hall will be the site of a new prison
complex, NGOs and clinicians expressed their concern to the
Commissioner that locating a hospital nearby a prison could
lead to stigmatisation of mental health patients. Furthermore,
they were concerned about the inaccessibility of the location,
which could make efforts for the gradual reintegration of
patients more difficult. The Commissioner was impressed by
the high level of professionalism demonstrated by the staff in
the Central Mental Hospital and their commitment to the social
reintegration of patients. The Commissioner encourages the
Irish authorities to provide adequate facilities to replace the
current Central Mental Hospital, which would continue to
facilitate the effective reintegration of patients.
59. The Childrens Rights Alliance has raised concerns about
child and adolescent psychiatric services being under-
developed and under-funded. As a result, sixteen- and
seventeen-year-old children continue to be treated through
adult services and in adult psychiatric centres and have to
endure long waiting periods (sometimes 3 - 5 years) for
assessment. The Irish prison chaplains report refers to 3,000
children on waiting lists for assessment and 300 children being
treated every year in adult psychiatric hospitals.53 Moreover,
there also appears to be significant gaps in community-based
care and access to services for those at risk of self-harm,
including children.54 Such criticism has also been expressed by
the Ombudsman for Children who has stressed that the stigma
surrounding mental health issues is preventing children from
seeking assistance.55 She has called on the Irish Government
to implement their mental health policy A vision for change
with a particular focus on children. This would entail the
extension of current social services provided to children and
families at risk to a seven-day 24-hour service, the
establishment of child and adolescent mental health teams at
local level and the development of appropriate in-patient
facilities.
60. The Commissioner underlines that placing children who are
in need of psychiatric treatment in adult facilities is in breach
of the UN Convention on the Rights of the Child. He recalls
that the European Court of Human Rights has previously found
Ireland in breach of the European Convention on Human
Rights for temporary placement of a mentally ill minor into a
penal institution in 1997 due to the lack of available places for
care.56 He calls on the Irish authorities to provide sufficient and
adequately resourced separate facilities for mentally ill
children. Furthermore, he encourages the Irish authorities to
facilitate early intervention at local level and to substantially
reduce waiting periods for assessing and treating children.
4. Juvenile Justice
4.1 Juvenile Justice System
61. Juvenile justice is administered through the Irish Youth
Justice Service. The service was established as an executive
office of the Department of Justice, Equality and Law Reform in
December 2005 with a remit to implement the criminal justice
provisions of the Children Act 2001, as amended by the
Criminal Justice Act 2006. These provisions relate to sanctions
in the community, restorative justice, diversion projects and
the operation of detention schools. There are plans to invest in
the youth justice system under the National Development
Plan,57 to publish a National Youth Justice Strategy and to
develop a youth justice research programme. During his visit
the Commissioner met with the Director of the Youth Justice
Service.
62. The general age of criminal responsibility in Ireland is 12
years. However, an exception is made for 10 and 11-year-old
children charged with the most serious offences on the statute
book (murder, manslaughter, rape or aggravated sexual
assault), who face trial in the Central Criminal Court.58 While
the Commissioner welcomes that proceedings can only be
taken against a child under the age of 14 with the consent of
the Director of Public Prosecutions, he is nevertheless
concerned that the current rigid exception makes it possible to
charge a very young child with the most severe crimes in an
ordinary criminal court not specially equipped to deal with
children.
63. The Commissioner acknowledges the progress made
through the Children Act 2001. He highlights the right to be
heard and to participate in any proceedings that can affect
children and the introduction of sentencing principles to be
applied by all courts, such as age and maturity as mitigating
factors and the possibility to proceed with education, training
or employment without interruption.59 The Commissioner is
nevertheless concerned about the absence of guidelines to the
principles which are numerous and can sometimes be
contradictory.60 The Commissioner encourages the Irish
authorities to ensure full implementation of the Children Act
2001 and its principles, for example by providing guidance and
specific training to the judiciary.
64. The Commissioner notes that children appearing before
the Children Court are protected by giving them anonymity
and that in 2006 this protection was extended to children
prosecuted in higher courts facing more serious charges in a
trial by jury. However, exceptions apply and anonymity can be
lifted in the public interest or to facilitate the enforcement of
an Anti-Social Behaviour Order (ASBO). During his visit, the
Commissioner discussed the issue with members of the
judiciary and underlined that in a world of strong media
attention for juvenile crimes, the right to privacy of children
must be carefully balanced against the freedom of the press,
taking due note of the specific vulnerability of children. In this
context, the Commissioner recalls that incorporating the
principle of the best interets of the child into the Irish
Constitution would provide for a reference point for the courts
when having to decide whether to lift anonymity.
65. The Commissioner welcomes that the Children Act 2001
contains the principle that detention must be a measure of last
resort. He acknowledges the efforts being made to divert
young people from the criminal justice system by providing for
a range of alternative sanctions such as the Garda (Police)
Diversion Programme and community sanctions. Under the
Garda Diversion Programme police officers can caution a child
and work with children and their families to identify together
which action is needed to address a childs offensive behaviour.
The Irish Government informed the Commissioner that under
this Diversion programme, the number of Diversion Projects
has increased from 64 in 2006 to 100 today, with a further
increase to 168 projects planned by 2012. While the
effectiveness of the programme is widely acknowledged,
criticism has been raised as to severe under-funding and lack
of independent oversight.61 Furthermore, under the Children
Act 2001, a range of new community sanctions for children
was introduced, to be operated by the Probation Service.
However, it appears that the new system of community
sanctions is not yet fully in place across the whole country.
66. Ireland has introduced Anti-Social Behaviour Orders
(ASBOs) in the Criminal Justice Act 2006 to respond to anti-
social behaviour by both adults and children. In the case of
children, the police can but are not required to try other
interventions like a warning and a meeting with parents similar
to the Diversion Programme prior to applying to a district court
for an ASBO. If an ASBO is breached, it constitutes a criminal
offence to be sanctioned by either a fine or detention for
behaviour that was not in itself criminal , a point for which the
ASBO legislation has been criticised. Furthermore, it is not
clear whether the system will be independently monitored.
67. The Commissioner is not aware of any ASBOs having been
issued so far. However, in his meeting with Garda the police
confirmed that ASBOs will be applied in accordance with the
2008 policing priorities issued by the Minister for Justice,
Equality and Law Reform in November 2007. The
Commissioner is concerned that violating a civil obligation can
be transformed into a criminal offence resulting in detention
despite the Children Act 2001 containing the principle that
detention must be a last resort. Welcoming the transposition of
this principle into Irish law, the Commissioner calls upon the
Irish authorities to review the current ASBO system and make
it mandatory for the police to explore all possible alternatives
to detention and to ensure independent monitoring of the
ASBO scheme.
4.2 Detention
68. Since 2006 under Irish law,62 children should only be
detained under the detention school model of care, education
and rehabilitation. However, as an interim measure, 16- and
17-year-old boys may continue to be detained in St. Patricks
Institution, a prison in which adults up to the age of 21 are
also kept. In view of the report recently published by the CPT,
the Commissioner chooses to concentrate on the detention of
children in the present report and will not refer to the
detention of adults more generally.63
69. St. Patricks Institution is part of the Mountjoy prison
complex in Dublin dating back to 1850. It accommodates
young people between the ages of 16 and 21, and it is the
only prison establishment in Ireland for children 16 years old.
The Commissioner visited St. Patricks and spoke with staff
members and with juvenile prisoners in private. He
acknowledged the progress made since the CPT visit in
October 2006, which had resulted in numerous changes albeit
within the limits of an outdated facility. The Commissioner
visited the new unit for 16- and 17-year-old inmates opened in
April 2007 as well as the new exercise room, training kitchen,
workshops and teaching facilities. He was pleased to learn that
there is communal eating for the children in the new unit and
that multi-disciplinary teams hold weekly health care
meetings. Furthermore, a net had been placed over the
exercise yard to prevent drugs being thrown over the
perimeter wall. Prison authorities informed the Commissioner
of plans to implement further drug prevention measures such
as increased security at the entrance.
70. Additional staff has been appointed, in particular to run
occupational activities, for drug prevention and psychological
as well as psychiatric support. The Integrated Sentence
Management (ISM) system that is being introduced in the Irish
Prison Service will also be available for young offenders
currently in St. Patricks. The system entails the
implementation of an individual risk and needs assessment
leading to care and post-release plans. The Commissioner was
also informed of plans to close St. Patricks and to build a
modern prison complex in Thornton Hall outside Dublin, which
could still hold minors as inmates.
71. The Commissioner visited Trinity House School,
Oberstown, Lusk County Dublin, a detention facility for boys
under 16 and met with some of them. A new unit for girls in
the vicinity had been opened in September 2006. The
Commissioner was impressed by the commitment shown by
the staff members and the facilities, in particular the step-
down unit which aimed at preparing children for their release
by accommodating them in a normal house on the site. He
also learned of plans to equip all bedrooms with showers and
toilets in the course of 2008. In the past, inspectors of the
Department of Education and Science had criticised Trinity
House on its care plans as some children had none and others
lacked clear goals. During his visit, the Commissioner was
assured that there was an individual care plan for each child,
the child being involved in the development of the plan. Staff
members, however, pointed out that an increasing number of
children was placed in detention for a relatively short period
(less than two years) which made it difficult to develop and
implement a meaningful care plan providing for education and
social integration. Staff members thought it would be
beneficial to have on-site family accommodation to enable
visiting parents not living in the vicinity to stay overnight, a
need that was also expressed by the children spoken to.
72. The Commissioner appreciates the change of law providing
that child offenders may no longer be imprisoned but should
be subjected to the detention school model when detention is
considered unavoidable. The Commissioner is, however,
concerned with the current interim provision resulting in
imprisonment for children in an out-dated facility together with
adult prisoners up to the age of 21. He is perplexed about the
plans of the Irish authorities to continue imprisonment in an
adult facility as a further interim measure in Thornton Hall as
this appears to contradict the current policy on youth justice.
He is aware of the Minister for Childrens announcement,
following recommendations made by an expert group, to build
a new detention school complex in Lusk, County Dublin. The
Commissioner urges the Irish authorities to live up to their
commitment as expressed in the Children Act 2001 and
discontinue the imprisonment of children, making the
detention school model available whenever detention is
deemed necessary.
5. Non-discrimination and womens rights
5.1 Legal and institutional framework
73. The legal basis of Irish anti-discrimination measures are
the three Equality Acts: the Employment Equality Act 1998,
the Equal Status Act 2000 and the Equality Act 2004. The
Equality Act of 2004 was introduced to amend the other Acts
to ensure compliance with the EU Employment Framework
Directive and the Racial Equality Directive.64 These Acts
prohibit discrimination on the grounds of gender, race, religion,
age, disability, sexual orientation, marital status, family status
and membership in the Traveller Community. The major
distinction between the Employment Equality Act and the
Equal Status Act relates to their scope. The Employment
Equality Act prohibits discrimination in the sphere of
employment and vocational training, whereas the Equal Status
Act prohibits discrimination in the provision of goods and
services.
74. A number of concerns have been raised in respect of
Irelands compliance with the EU directives. It is a matter for
dispute whether the EU Directives have been fully transposed
and, thus, the European Commission has taken formal action
against Ireland. The Equal Status Act does not cover all state
functions, activities and controlling duties while the available
sanctions do not appear to be dissuasive enough. Finally, some
exemptions have been allowed regarding non-citizens in the
field of education and same-sex couples in the field of social
welfare. Ireland does not recognise non-married or same-sex
partnerships, which may result in discrimination against
children born outside of marriage, unmarried fathers and gay
men.65 NGOs argue that this situation is incompatible with
Articles 8 and 14 of the European Convention on Human
Rights. The Irish authorities have informed the Commissioner
that a Civil Partnership Bill is currently being drafted.
75. Under the Employment Equality Act 1998, two equality
bodies were created, namely the Equality Authority and the
Equality Tribunal. The latter is the enforcement body of the
Equality Legislation. The Equality Authority is an independent
body which is charged with informing the public on equality
provisions and engaging in dialogue with various stakeholders
in Irish society. Individual complaints are dealt with by the
Equality Tribunal as the independent and quasi-judicial body to
treat complaints of alleged discrimination under equality
legislation. Its decisions and mediated settlements are legally
binding. Its director reports directly to the Minister for Justice,
Equality and Law reform. The Equality Tribunal is seen as a
major achievement as it operates in a transparent manner, all
of its decisions being publicly available.
76. During his visit, the Commissioner learned that there is a
waiting list at the Equality Tribunal and a substantial backlog of
cases resulting in delays of up to three years. This is
apparently caused by inadequate resources being allocated to
the Tribunal. The Commissioner was also informed of plans to
relocate the equality bodies from Dublin to Roscrea and
Portarlington as part of Government decentralisation and of
concerns that the relocation would result in the Equality
Authority being removed from its key partners, such as NGOs,
trade unions, Government bodies and the business sector. He
was therefore pleased to hear that a liaison office will be kept
in Dublin. The Commissioner urges the Irish authorities to
ensure and enhance the functioning of the Equality Authority
and the Equality Tribunal and, in particular, to provide
adequate funding to the latter to minimise the backlog of
cases.
5.2 Gender discrimination and womens rights
77. Some figures shed a light on the position of women in
Ireland. As of November 2007, only 18.4 % of the total seats
in the Irish Parliament were filled by women,66 even though it
should be acknowledged that women have long played an
important role in Irish politics, frequently as ministers and
twice as heads of state. As a positive development, the gender
pay gap has narrowed from 13 % in 2004 to 9 % in 2006,
which is below the EU average of 15 %.67 In April 2007, the
Irish Government published a National Womens Strategy
2007-2016 with over 200 actions to address needs for the
economic and social inclusion of women and with a budget of
58 million for the period up to 2013.
78. In relation to sexual and reproductive rights, it should be
noted that since 1983 under the Irish Constitution the right of
the unborn is guaranteed with due regard to the equal right
to life of the mother.68 No legal definition or case law exists as
to whether the "unborn" refers to the foetus at the point of
viability, from the moment of conception or at some other
point during pregnancy. Since the 1992 Supreme Court
judgment in the X case,69 abortion is legal if the life of the
woman is in danger. However, despite criticism of the
constitutional provision in the judgement, there is still no
legislation in place implementing the judgment and,
consequently, no legal certainty when a physician may legally
perform a life-saving abortion. In practice, abortion is largely
unavailable in Ireland in almost all circumstances. Some NGOs
argue that the legal limbo leads to a situation which
disproportionately favours the interest of the foetus over the
rights of pregnant women, thereby jeopardising womens
health and well-being and resulting in abortions performed
illegally or abroad.70 During the visit, the Irish authorities
informed the Commissioner that there were currently no plans
to legislate for abortion on the grounds of the X case.
79. Some civil society representatives advocate that access to
abortion services should be granted to all women in the
country, particularly when a woman's health is at risk, she is
pregnant as a result of rape or incest or there is evidence of
severe foetal anomaly. There have also been calls to hold a
referendum to offer the voters an opportunity to remove from
the Constitution the 1983 Amendment and to clarify the
language with regard to the unborn. Moreover, NGOs have
underlined that certain vulnerable women, especially young
and migrant women, have particular difficulties in accessing
abortion services abroad. These concerns are illustrated by the
case of 17 year-old Miss D from April 2007. When Miss D, who
was placed in the care of the state by virtue of an interim care
order, learned that she was carrying an anencephalic foetus, a
fatal condition whereby a large part of the skull and the brain
is missing, she wished to terminate her pregnancy but was
prevented from travelling until a High Court decision allowed
her to leave the country.71
80. The Commissioner is concerned that despite the already
existing case law allowing for abortion under limited
circumstances, no legislation is in place to ensure this
happening in practice. This leads to serious consequences in
each individual case but especially in such cases in which
vulnerable women such as minors and migrants are
concerned. In this context, he recalls the European Courts
judgment against Poland in which a violation of Article 8, the
effective respect for private life, was found due to defective
domestic abortion legislation.72 He urges the Irish authorities
and the legislator to ensure that legislation is enacted to
resolve this problem and that adequate medical services are
provided in Ireland to carry out legal abortions in line with the
jurisprudence of the Supreme Court.
81. Transgender persons in Ireland informed the Commissioner
that they experienced discrimination on account of their
gender identity. Ireland, unlike nearly all Council of Europe
member states, does not have a procedure for birth certificate
recognition for transgender persons. The European Court has
found several countries including the UK, France and Lithuania
in breach of the ECHR for such a lacuna.73 In Ireland, Dr. Lydia
Foy has been seeking to obtain a birth certificate reflecting her
female gender since April 1997. Upon her appeal, the High
Court on 19 October 2007 delivered a landmark judgment
ruling that the state is in breach of Article 8 of the ECHR, and
in February 2008 issued a declaration of incompatibility to be
put before Parliament if the state does not decide to appeal
the judgment within two months. Furthermore, NGOs have
expressed concerns about the discrimination of transgender
people in other fields, but in particular in the health sector. The
lack of trained staff and familiarity with the specific problems
of transsexual persons render transgender people vulnerable
to unpredictable and often hostile responses when they use
medical services. Moreover, it should be noted that
transgender persons are not protected by the TRANSIT -
HYPERLINK .http://en.wikipedia.org/w/index.php?
title=Prohibition_of_Incitement_to_Hatred_Act_1989&action=
edit. Prohibition of Incitement to Hatred Act 1989, which is
currently under review. The Commissioner welcomes the High
Court decision bringing clarity as to the states responsibilities
towards transgender persons. He expects that legislation
bringing the current birth registration law in line with domestic
case law and the standards of the European Convention on
Human Rights will be in place soon.
5.3 Violence against women
82. Violence against women including domestic violence
remains a persisting problem in all Council of Europe member
states. Ireland is no exception. The authorities have taken
several measures to combat violence against women including
the adoption of Domestic Violence Acts, the establishment of a
central Garda Sochna (Police) Domestic Violence and Sexual
Assault Investigation Unit which provides assistance to police
divisions countrywide and the introduction of the Garda Policy
on Domestic Violence. Yet, the UN Committee on the
Elimination of Discrimination against Women has noted the
high prevalence of violence against women and girls in Ireland
and at the same time the low prosecution and conviction rates
of perpetrators.74 It is estimated that fewer than 1 in 10
complainants in cases concerning sexual violence report their
experiences to the criminal justice system.75 It should be
acknowledged that the conviction rate in cases that are
brought to the courts is around 70% (figures for 2004) and
that Ireland has severe penalties for those convicted of rape or
assault. Yet the Rape Crisis Network in Ireland claims that only
5 % of rape cases reported to police result in conviction in
Ireland. NGOs also recommend further training for police,
prosecutors and judges in this field and the establishment of a
specialised court. Safety and barring orders can be applied
against perpetrators.
83. The National Office for the Prevention of Domestic, Sexual
and Gender-based Violence (Cosc) was set up in June 2007
with the responsibility of ensuring a well-coordinated response
to domestic, sexual and gender-based violence against women
and men, including older people. Regarding violence against
women, the Irish authorities informed the Commissioner that
Cosc aims at supporting state and non-governmental
structures already working in this area and to collaborate
closely with service providers who support victims and treat
perpetrators. Civil society representatives have pointed out
that NGOs providing support services to victims are under-
funded which results in women having to wait for counselling
services. This has particularly negative consequences for
vulnerable groups of women such as migrant workers, women
asylum-seekers and their children, women with disabilities,
Traveller women and women who experience complex
problems.
84. The Commissioner visited a womens shelter in Cork in
operation since the mid-seventies and was impressed by the
long-term commitment demonstrated by staff. He learned
about the new challenges resulting from increased migration to
Ireland such as language and cultural barriers making the
work more complex. He also discussed these issues with the
authorities as well as with civil society representatives. The
Commissioner welcomes the measures taken to combat
violence against women including the recent establishment of
Cosc and the fact that its remit extends beyond domestic
violence. In view of its broad mandate, he calls on the
authorities to provide Cosc with adequate resources for the
effective fulfilment of its tasks. He highlights the need to
ensure effective support for women victims of violence through
services supplied by both state and civil society operators.
6. Measures against racism and xenophobia
85. In recent years, Ireland has experienced rapid growth in
ethnic and cultural diversity as a result of immigration. The
census 2006 shows that 10 % of the population were foreign
nationals while the same figure for 2002 stood at 5.8 %.
According to the data on ethnic and cultural background in the
2006 census, 94.8 % of the population are considered White
(including the Irish Traveller community at 0.5 %), 1.3 %
Asian and 1.1 % Black. Among religions, Islam is now
placed as the third largest religion in Ireland with Muslims
numbering 0.8 % of the population after Roman Catholics
(86.8 %) and members of the Church of Ireland (3 %). ECRI
has identified Travellers (see the following chapter) and visible
minorities, especially Africans and Muslims, as particularly
vulnerable to racism and intolerance in Ireland.76
86. The Irish Police (An Garda Sochna) publish statistics on
racially motivated incidents in their annual reports. In 2006,
174 offences were reported while the figure for 2005 was 94,
84 in 2004, 62 in 2003 and 100 in 2002.77 These offences fall
mainly under the categories of assaults, public order offences
and criminal damages. Racist incidents are also reported to the
National Consultative Committee on Racism and
Interculturalism (NCCRI), which is a Government sponsored
independent expert body. In 2006, 65 incidents and, in 2005,
119 incidents were reported to the NCCRI. According to the
Equality Tribunals Annual Report 2006, 146 cases were
referred to the Tribunal by employees claiming racial
discrimination in the employment field, a 76 % increase in
comparison with 2005. It was estimated that about half of the
racism claims were successful and that they amounted to a
third of the Tribunals workload. Moreover, ECRI has noted that
some Irish media have portrayed asylum-seekers, refugees,
migrant workers, Travellers and Black and ethnic minorities in
a negative light.
87. Irish penal law does not specifically define racist offences,
nor does it expressly provide for the racist motivation of a
crime to be considered as an aggravating circumstance in
sentencing. However, the Irish judges may, on a discretionary
basis, take the racist motivation of the perpetrator into
account among other pertinent elements. ECRI and the UN
Committee on the Elimination of Racial Discrimination (CERD)
have recommended to the Irish authorities that the racist
motivation of a crime should be specifically legislated for as an
aggravating circumstance.78 The Irish authorities are in the
process of completing a review on the Irish penal law
provisions related to measures against racism. The scope of
the review also includes the Prohibition of Incitement to Hatred
Act 1989 with particular reference to the proposed EU
Framework Decision on Combating Racism and Xenophobia. An
expert study on the subject, commissioned by the Government
and carried out by the Centre for Criminal Justice at the
University of Limerick, should be published in early 2008.
88. Ireland is currently implementing a National Action Plan
against Racism which runs from 2005 to 2008. Its principal
objectives are 1) effective protection and redress against
racism, 2) economic inclusion and equality of opportunity, 3)
accommodation of cultural diversity in service provision, 4)
recognition and awareness of cultural diversity and 5)
participation of cultural and ethnic minorities in Irish society.
There are 240 action items divided among the major
objectives. While civil society representatives have expressed
their support for the objectives of the action plan, they have
highlighted the need for its effective implementation and
monitoring. Local anti-racist and diversity plans have been
drawn up in some cities and towns including Galway, Dublin
Inner City Partnership and Fingal County Council. In their
discussions with the Commissioner, representatives of local
authorities pointed out that although current manifestations of
racism and xenophobia in Ireland were fairly low-key, it was
important to persist in working against such tendencies,
especially since a possible economic downturn could risk
bringing about increased xenophobic and racist sentiments.
89. In June 2007, a Minister of State was appointed with the
specific responsibility of developing an Irish policy for the
integration of migrants. The Minister for Integration informed
the Commissioner of his intention to set up a Task Force on
Integration in 2008, supported by a consultative Forum for
Integration composed of the different stakeholders concerned
by integration. As regards the relations between the police and
minority groups, the Garda Racial and Intercultural Office was
already established in 2001 to improve communication and
consultation with ethnic minorities. Moreover, 500 ethnic
liaison officers have been appointed to improve communication
with ethnic minorities. However, NGOs have expressed
concerns that a measure aimed at introducing ID cards for
third country nationals only, as part of the proposed
Immigration, Residence and Protection Bill, could result in
ethnic profiling in terms of selective identity checks.
90. The Commissioner welcomes the National Action Plan
against Racism as well as the local anti-racist and diversity
plans, while stressing that their implementation requires
resources and should be carried out in close cooperation with
civil society, ethnic and cultural minority representatives. It is
also obvious that work against racism must be continuous and
that new action plans are prepared to follow-up those that are
completed. Monitoring the results of action plans should be
accompanied by continued efforts to improve and consolidate
data collection on racist and xenophobic incidents. The
Commissioner also highlights the positive role the recently
established Press Council and Ombudsman (see under 2.4) can
play in stemming racist and xenophobic discourse in the
media. He reiterates the recommendations made by ECRI and
CERD to reform Irish legislation so that the racist motivation of
a crime is considered as an aggravating circumstance.
Furthermore, the Commissioner encourages the Irish
authorities plans to prepare a comprehensive integration
policy in cooperation with all the stakeholders concerned. Such
a policy, which in the Commissioners opinion should cover all
ethnic and cultural minorities resident in Ireland, should aim at
facilitating the integration process of minorities in all walks of
life.
7. Situation of Travellers
91. According to the 2006 Census there are 22,435 members
in the Irish Traveller community. The Travellers themselves
estimate that the real figure may in fact be well above 30,000.
According to Traveller representatives, only a minority of
Travellers currently follow the traditional life-style of travelling.
Ireland has ratified the Framework Convention for the
Protection of National Minorities (FCNM) and acknowledges
that the Traveller community is protected under the
Convention, even if the state does not recognise the Traveller
community as a minority ethnic group. The distinct cultural
identity of Travellers is nevertheless acknowledged. Ireland has
not adhered to the European Charter for regional or minority
languages.
92. Both the Advisory Committee of the FCNM and ECRI have
assessed the situation of Travellers in Ireland in their 2006
reports.79 They have reported that Travellers have been
subjected to discrimination and racism in the fields of
education, employment, housing, health care, media reporting
and participation in decision making. The proportion of
Traveller children entering and completing secondary education
is substantially below the national average, although their
participation rate has increased significantly in recent years. 80
In 2006, the Equality Tribunal took two decisions related to
education, finding discrimination on the ground of membership
in the Traveller Community. In 2002, 72 % of Traveller men
and 60 % Traveller women were unemployed. According to the
Equality Tribunals Annual Report 2006, 18 cases related to the
Traveller ground and 25 cases related both to the Traveller and
racism grounds under the Equal Status Acts were brought to
the Tribunal in 2006. Also in 2006, the Equality Authority held
88 case files related to the Traveller ground under the Equal
Status Acts.
93. In the field of housing, there have been short-comings in
the implementation of statutory obligations for the provision of
Traveller stopping sites and group accommodation by local
authorities. The life expectancy of Travellers is estimated to be
significantly lower than that of the majority population,
although recent data is lacking. Some Irish media have
continued to promote negative stereotypes concerning
Travellers. The level of participation of Travellers in elected
bodies remains low at all levels, while Travellers are not always
represented on the key bodies which implement public polices
on Travellers, such as the High Level Group on Traveller
Issues.
94. The Irish authorities have responded to the situation of
Travellers through a number of sectorial policy initiatives. In
implementing the Housing (Traveller Accommodation) Act
1998, local authorities are required to prepare and adopt
Traveller accommodation programmes, the second of which
covers the period 2005-2008. The Traveller Education Strategy
was published by the Government in November 2006 with the
aim of ensuring Traveller equality in terms of access,
participation and outcomes. An All Ireland Traveller Health
Study was launched in July 2007. It is also expected that the
implementation of the Ten-Year Framework Social Partnership
Agreement 2006-2015 will improve the employment and
educational opportunities of Travellers. However, Traveller
representatives have criticised the newly established Press
Council for not including the prevention of biased reporting
about Travellers specifically in its draft code of conduct.
95. The Commissioner visited Traveller-specific accommodation
at Avilla Park and the nearby St. Marys temporary halting site
in Dunsink Lane, north of Dublin, and talked with residents at
both sites as well as with representatives of the local
authorities. Avilla Park consisted of 40 recently built houses,
while at St. Marys the Traveller families lived in run-down
caravans with very basic sanitary facilities in a land area
currently considered for redevelopment. Future plans for
Traveller accommodation in the area were pending decisions
regarding the redevelopment.
96. While the Commissioner acknowledges the significant
efforts made by the authorities to address the situation of
Travellers, he considers that a great deal of work remains to
be accomplished. Since a multisectorial approach is necessary,
policy coordination and effective monitoring of results are
essential. In order to promote participatory governance and to
produce sustainable results, it is especially important that the
authorities work closely with the Travellers themselves when
preparing, implementing and monitoring policies and
programmes designed for Travellers. During his visit to Cork,
the city authorities pointed out that the active participation of
Traveller representatives in their Traveller Interagency Group
had been central to the effectiveness of its work. The
Commissioner urges the Irish authorities to adopt a Traveller
inclusive approach in all policy and coordination bodies dealing
specifically with Traveller-related issues both at national and
local level, including the High Level Group on Traveller Issues.
The Commissioner also encourages further efforts to involve
Travellers in political decision-making. Traveller communities
should be adequately represented in local councils, and the
possibility of reserving a specific seat for the Traveller
community in the Irish parliament, perhaps in the Seanad,
would merit serious consideration.
97. Traveller representatives have made it known to the
Commissioner that many Travellers wish to be recognised as
members of an ethnic minority group in Ireland. The UN
Committee on the Elimination of Racial Discrimination has
encouraged Ireland to work more concretely towards
recognising the Traveller community as an ethnic group, while
the Advisory Committee of the FCNM has underlined the
relevance of the principle of self-identification stemming from
Article 3 of the Framework Convention.81 The Commissioner
encourages active dialogue on the question between the
Traveller Community and the authorities. Furthermore, the
Commissioner considers it essential that Travellers are
effectively protected against discrimination and racism under
national and international law. While it is true that Travellers
are specifically protected against discrimination under the
Traveller ground in the Irish anti-discrimination legislation, it
is also clear that Travellers can be victims of racism more
generally. It is therefore essential that Travellers are
acknowledged as potential victims of racism in the
implementation of the national action plan against racism and
the work of the recently established Press Council and its
Ombudsman. Travellers should also benefit from non-
discrimination provisions under the race ground at national,
European and international levels.
8. Treatment of migrants and asylum-seekers
98. Ireland's asylum system is a relatively new one as only in
the mid-1990s did asylum-seekers begin to enter the country
in significant numbers. However, its asylum legislation and
institutions did not become operative until the end of 2000.
Coupled with this has been the transformation of Ireland from
a country of net emigration, with a high unemployment rate
and depressed economy, to a multicultural country of net
immigration and a fast growing economy. The Irish
government seeks to address the challenges posed by this
development in its January 2008 Immigration, Residence and
Protection Bill. The new legislation aims at reviewing,
amending, consolidating and enhancing the current body of
legislation, which dates back to 1935. In addition, selective EU
law will be implemented.
8.1 The current immigration and asylum framework
99. Ireland is not a member of the Schengen system and has
made reservations to the Amsterdam treaty in the areas of
visa, immigration and asylum. Ireland may, however, opt in,
on a case by case basis, the relevant EU legislation and has
chosen to do so in a number of areas. Among the core
directives and regulations in the area of asylum and
immigration laws, Ireland has transposed the following: The
Refugee Qualifications Directive, the Dublin II Regulation
(including the EuroDac Directive), the Directive on Mass Influx,
and the Free Movement of EU-Citizens and Family Members
Directive.82 In the process of transposition is the Minimum
Standards on Asylum Procedures Directive83, which along with
the Refugee Qualification Directive will be implemented
through the proposed Immigration, Residence and Protection
Bill. Ireland has opted out of the Directive on Minimum
Standards for the Reception of Asylum Seekers and the
Directive on Family Reunification.84
100. On the domestic level, refugee determination in Ireland is
currently regulated by the Refugee Act of 1996 and the
European Communities (Eligibility for Protection) Regulations
of 2006. General immigration is regulated by the Aliens Act
1934, the Aliens Order 1946, the Immigration Acts 1999, 2003
& 2004 and the Illegal Immigrants (Trafficking) Act of 2000.
Citizenship is regulated by the Irish Nationality and Citizenship
Act, which was amended in 2005 following a change in the
Constitution to the effect that constitutional guarantees of Irish
citizenship for persons born in Ireland to non-Irish parents
have been removed. The current administrative structure for
processing asylum applications is made up of the Office of the
Refugee Applications Commissioner (ORAC) and the Refugee
Appeals Tribunal (RAT). RAT was established as an
independent mechanism to process asylum appeals from the
ORAC, but has been criticised for a number of reasons, among
them lack of publicity and alleged bias on the part of board
members, who are paid by the number of cases processed.
The draft Immigration, Residence and Protection Bill provides
for the establishment of a new and independent Protection
Review Tribunal in place of the RAT. The new body would be
required to improve transparency and consistency, and may
have full-time members. It may also publish selected decisions
based on their general relevance.
8.2 The proposed Immigration, Residence and Protection Bill
101. In January 2008, the Irish Government published the
draft Immigration, Residence and Protection Bill to replace the
current body of legislation governing immigration and
protection for asylum-seekers.85 The Bill introduces a single
procedure for reviewing applications for protection, including
applications for refugee status, subsidiary protection and other
applicable residence permits. The Office of the UN High
Commissioner for Refugees in Dublin (UNHCR) and several
NGOs have welcomed this step hoping that it will speed up the
currently lengthy proceedings, which in a
number of cases take three to five years. The draft Bill also
introduces a new status of long-term resident which grants
benefits generally on par with Irish citizens for those
immigrants who have at least five years residence in Ireland. 86
102. Like the earlier proposal from April 2007, the 2008 draft
Bill has been criticised for lacking sufficient clarity as it retains,
to a large degree, the principle of ministerial discretion and
does not put core areas such as family reunification on a
statutory basis. The proposed Bill does not provide an
independent appeal mechanism for immigration decisions and
may facilitate the summary deportation of undocumented
foreigners, without the right for a review. Another issue that
has been highlighted by NGOs is the continuation of the
Carriers Liability that was first introduced in the Immigration
Act of 2003, imposing penalties on airlines and ferry
companies for transporting people not in possession of proper
documentation to Ireland. Furthermore, under the draft Bill
judicial review for rejected asylum-seekers would be more
restricted and applicants may be deported while awaiting such
review.
103. The Commissioner welcomes the Irish Governments
initiative to provide a comprehensive immigration system,
including in particular the introduction of a single procedure for
determining applications for refugee status, subsidiary
protection and other leaves to remain. The Commissioner
hopes that this improvement would have a significant impact
on the length of proceedings for the determination of asylum
applications. In relation to the Bills aim to transpose the
Refugee Qualification and Asylum Procedure Directives, it
should, however, be underlined that the EU Directives
concerned only set minimum standards. The Commissioner
therefore calls on Ireland to implement them in the spirit of
improving the protection of refugees, as is stated in
preambular paragraph 8 of the Qualification Directive.
104. The Commissioner notes that the new Bill contains an
explicit prohibition of refoulement. 87 However, the UNHCR
Office in Dublin has raised numerous concerns related to
exceptions to the rule, including its procedural implementation
in the context of the asylum seekers arrival in the country.88
The Commissioner shares these concerns and furthermore
points to the proposed power to remove undocumented
migrants summarily, which appears not to provide a full
assessment of the individual case. The implementation of the
principle of non-refoulement and the extraterritorial protection
granted by Article 3 of the ECHR call for due process in the
form of access to appeals and a right to remain, pending a
final decision or judgment, in all cases where deportation
might lead to serious harm or torture, inhuman or degrading
treatment. Moreover, the Commissioner notes with concern
that the proposed Immigration, Residence and Protection Bill
contains provisions enabling courts to direct costs of so-called
frivolous and vexatious proceedings to the legal
representative of the applicant. With regard to the imperative
importance of independent legal counsel to the safeguarding of
human rights, the Commissioner calls for a review of these
provisions.
105. The Commissioner has also been made aware of a debate
regarding the establishment of closed reception or detention
centres for asylum applicants. The draft Immigration,
Residence and Protection Bill has been criticised for introducing
increased powers of detention for asylum-seekers.89 In this
context, it should be recalled that already in its report of
October 2006, the Committee for the Prevention of Torture
(CPT) called upon the Irish authorities to urgently review the
current arrangements for accommodating persons detained for
immigration offences.90 The Commissioner stresses that as a
rule asylum-seekers should not normally be subjected to
detention when they have not committed any offence and that
when failed asylum-seekers are kept in pre-deportation
detention they should not be accommodated in the same
facilities as sentenced criminal offenders.
8.3 Asylum-seekers
106. In 2006, Ireland received 4,314 applications for refugee
status. This is more or less on a par with 2004 and 2005,
where 4,769 and 4,324 applications respectively were
received, and a significant drop from early 2000 figures, which
reached above 10,000. In 2007, 3,985 asylum applications
were received, the lowest annual total since 2002. The number
of applications outstanding at the first instance, the Office of
the Refugee Applications Commissioner (ORAC) at the end of
2006 was 924. This represents a significant reduction from the
end of 2005 where more than 1,600 cases were pending and
the end of 2004 with more than 3,600 cases pending. The
Refugee Appeals Tribunal (RAT) received a total of 3,172 cases
and had 2,500 cases pending at the end of 2006. This reflects
not only the capacity of the RAT but also a delay caused by a
decision to hold cases pending a Supreme Court judgment in
relation to publications of decision by the RAT.
107. Since September 2003, all newly arrived asylum-seekers
have been required to reside and remain in the
accommodation allocated to them by the Reception and
Integration Agency (RIA) while their application for refugee
status is being considered. Failure to comply with this is an
offence that may lead to penalties.91 Asylum-seekers are
provided with three meals a day, but are not allowed to store
or cook food on the premises of the centre.92 They are not
entitled to take on paid work. The Commissioner visited
Kinsale Road Accommodation centre near Cork airport and
spoke to staff members and residents in private. The facility is
relatively new, and offers good conditions, including on-site
basic medical care. There were, however, no apartments
available for families with children; each family shared one
room, which resulted in very limited private space. Civil
Society representatives have informed the Commissioner that
this is a general problem in Irish reception centres. Reports
from independent inspectors engaged by the RIA also indicate
that deficiencies exist in certain centres, such as lack of
recreational facilities, overcrowding and problems of safety.93
The Irish authorities have informed the Commissioner that the
safety concerns raised in the inspection reports had been
addressed subsequently by proprietors.
108. While acknowledging that the facility visited is, in
general, of a good standard, the Commissioner is concerned
about the current state of accommodation for families and of
the deficiencies reported by independent inspectors. The
Commissioner is also concerned about the low degree of
personal autonomy asylum-seekers may retain throughout the
process, knowing that it can take three to five years to have
an asylum application determined. The Commissioner recalls
that ECRI has recommended the introduction of provisions
allowing temporary work permits for asylum-seekers. 94 In
addition to strengthening the autonomy of asylum-seekers and
providing revenues for the receiving country, access to the
labour market may actually facilitate reintegration into the
country of origin by making it possible for the asylum-seeker
to return home with a degree of financial independence or
acquired work skills. For these reasons, the Commissioner calls
upon the Irish authorities to consider providing asylum-
seekers with temporary work permits, possibly in the context
of the legislative change proposed.
8.4 Family reunification
109. Family reunification in Ireland is primarily governed by
administrative schemes based on the discretion of the Minister
for Justice, Equality and Law Reform. Family reunification for
holders of protection permits, however, is regulated by the
Refugee Act, and for EU-citizens by the European Communities
(Free Movement of Persons No. 2) Regulations 2006. The lack
of provisions regarding groups other than refugees and EU-
Citizens has been criticized by Civil Society representatives for
lacking transparency and for the ad hoc and frequently
inconsistent nature of decisions. Criticism has also been raised
regarding the lack of family reunification opportunities for non-
married couples and same-sex couples as well as of the
requirement of foreign nationals to notify the Minister of an
intended marriage.
110. The Commissioner recalls that following the European
Courts case law for Article 6.i of the ECHR, the importance of
accessibility, clarity and foreseeability should not be forgotten.
He is therefore concerned about the lack of statutory
regulations regarding family reunification for groups other than
holders of protection permits and EU citizens and recommends
the introduction of statutory provisions for all groups of
people. In view of the dynamic interpretation of the concept of
family life by the European Court of Human Rights, the
Commissioner encourages the Irish authorities to consider the
introduction of broader provisions allowing family reunification
to include less traditional types of family life. The
Commissioner also calls for taking into account the important
principle of the best interests of the child in any decision
relating to family reunification of children.
111. NGOs have expressed concerns about Irelands
transposition of EU law on the free movement of persons, as
regards family reunification. According to the current Irish law,
non-EU nationals married to EU-nationals residing in Ireland
are required to show evidence of lawful residence in another
EU member state prior to arrival in Ireland before they can
receive a residence permit. The objective of the requirement
has been to address pro forma or sham marriages, but it has
also affected a large number of de facto marriages. This
provision and its consistency with EU law has been challenged
in a case pending with the Supreme Court, with about 120
similar cases being on hold. The European Commission is
examining the matter. Meanwhile, some non-EU spouses have
received letters of intent to remove them from the country.
The Commissioner encourages the Irish authorities to await
the outcome of the pending procedures before removing the
people concerned from the country.
9. Fight against terrorism: extraordinary renditions
112. The term extraordinary rendition describes the
kidnapping of an individual by the agents of a State and the
transfer of that person to a secret prison in another State
where s/he can be tortured or subjected to inhuman or
degrading treatment or punishment and be interrogated and
detained indefinitely without recourse to the courts, to lawyers
or to any of the mechanisms set up to protect the human
rights of the individual.95 Ireland was one of the member states
listed in Senator Martys report, of 7 June 2006 for the
Parliamentary Assembly of the Council of Europe (PACE), to
have allegedly engaged in passive collusion in such
extraordinary renditions conducted by the United States of
America (US) in their fight against terrorism, by allowing
Shannon airport to be used by US aircraft as a stopover for
refuelling.96
113. Since December 2005, the Irish Human Rights
Commission (IHRC) has called on the Irish Government to
seek agreement from the US authorities to inspect aircraft
landing at Shannon Airport and other Irish airports. However,
the Irish authorities have asserted ever since that they
received assurances from the US administration that prisoners
have not been and will not be transported illegally through
Irish territory, and that there is no evidence to the contrary. In
December 2007 the IHRC published an extensive analysis of
the legal situation including recommendations to the
Oireachtas Joint Committee on Foreign Affairs.97 The report
concludes that diplomatic assurances are not in themselves
sufficient to fulfil a States obligations to safeguard against
torture or ill-treatment. It rejects the Irish Governments
position that evidence about suspect aircraft must first be
produced and given to the police, arguing that placing the
burden to gather evidence on private citizens was inadequate.
In its report, the IHRC refers to the numerous international
enquiries and reports being made, such as the January 2007
report of the European Parliament, the Council of Europes
PACE reports and the investigations by the Secretary General
of the Council of Europe under Article 52 of the ECHR. IHRC
finally recommends that the authorities put in place an
effective inspection regime to ensure that no foreign aircraft
which might be suspected of involvement in the illegal practice
of extraordinary rendition may land and refuel in Ireland.
114. During his visit, the Commissioner discussed the position
of the Irish Government with the Minister for Foreign Affairs,
underlining that the European Convention on Human Rights
contains an absolute prohibition of torture and degrading
treatment and of aiding and abetting it in any form. The mere
suspicion that the government of a country bound by the
Convention could have done so seriously undermines the
credibility and authority of the authorities possibly involved. It
is therefore indispensable, not only for such a government but
for the credibility of the entire human rights protection system,
to actively seek clarification of such suspicions. The
Commissioner notes that in his response to the IHRCs report
the Minister for Foreign Affairs continued to rely on diplomatic
assurances while reiterating that the Irish Government was
totally opposed to the practice of extraordinary renditions. 98
The Minister also referred to several alleged cases of
extraordinary rendition which had been investigated by the
police without producing any relevant evidence. Moreover, the
Minister called for a review of the Chicago Convention
governing civil aviation with a view to considering whether
further steps can be taken to provide adequate safeguards
against the possibility of extraordinary renditions. The
Commissioner welcomes the call for a review of the Chicago
Convention and appreciates the efforts of the Irish Police to
investigate alleged renditions. However, recalling Resolution
1507 (2006) of the Council of Europe Parliamentary Assembly,
the Commissioner calls on the Irish Government to take
effective measures to prevent renditions taking place through
Irish territory and airspace, and to review the current
inspection and monitoring arrangements with a view to
ensuring that effective and independent investigations are
carried out into any serious allegation of extraordinary
renditions.
10. Recommendations
The Commissioner, in accordance with Article 3 paragraphs b, c
and e and with article 8 of Resolution (99) 50 of the
Committee of Ministers, recommends that the Irish
authorities:
National system for protecting human rights
1. Ratify Protocol No. 12 to the European Convention on
Human Rights and the Convention on Action against Trafficking
in Human Beings.
2. Adjust the legal aid scheme to the extent that it reflects
actual cost of living standards.
3. Review the mandates of the different human rights
complaints bodies with a view to optimising their effectiveness
and independence as well as closing current protection gaps,
with particular reference to the remits of the Ombudsman and
the Ombudsman for Children.
4. Provide comprehensive and comparative information to the
public on the mandates and functions of different complaints
mechanisms.
5. Facilitate the interaction of authorities with civil society
representatives at all levels to ensure that their experience
and expertise can benefit policy formulation and
implementation.
6. Conduct a base-line study to assess the extent to which
human rights are integrated into education and training, so
that further needs can be identified and addressed for ensuring
that human rights awareness reaches all walks of society.
7. Develop a national action plan on human rights as an
inclusive process for continuously improving human rights in
Ireland.
Childrens rights
8. Implement the National Action Plan for Social Inclusion
2007-2016 so as to significantly reduce the number of children
experiencing consistent poverty.
9. Use the opportunity of the proposed constitutional
amendment to incorporate the best interests of the child as a
general principle in the Irish Constitution, in line with the UN
Convention on the Rights of the Child.
10. Prohibit corporal punishment of children in a
comprehensive way.
11. Provide for professional care in the accommodation
facilities for separated children and assign a guardian ad litem
to each separated child.
12. Address the increasing demand for choice within the
educational system, in particular with regard to cultural and
religious diversity.
13. Provide adequately resourced separate facilities and
services for minor psychiatric patients, and make early
intervention at a local level possible for such children.
Juvenile justice
14. Ensure full implementation of the Children Act 2001 and its
sentencing principles, for example, by providing guidance and
15. Develop further the system of alternative sanctions for
juvenile delinquents and ensure adequate funding for the
system across the country.
16. Review the current system of Anti-Social Behaviour Orders
so that it does not lead to an increased use of detention and
ensure its independent monitoring.
17. Apply the Children Detention School model when the
detention of juvenile offenders is deemed a necessary measure
and discontinue the imprisonment of children in adult facilities.
Non-discrimination and womens rights
18. Review the resource needs of the Equality Tribunal to
minimise its backlog of cases.
19. Clarify the scope of legal abortions through statutory law
in line with domestic jurisprudence and provide for adequate
services for carrying out such abortions in Ireland.
20. Change the law on birth registration in such a way that
transgender persons can obtain a birth certificate reflecting
their actual gender.
21. Provide the National Office for the Prevention of Domestic,
Sexual and Gender-based Violence with adequate resources
for the effective fulfilment of its broad mandate while, in
particular, ensuring effective support for women victims of
violence through services supplied by both state and civil
society operators.
Measures against racism and xenophobia
22. Monitor the implementation of the National Action Plan
against Racism and the local anti-racism and diversity plans in
close cooperation with civil society and ethnic and cultural
minority representatives, while preparing new action plans to
succeed the current ones.
23. Improve data collection on racist and xenophobic incidents.
24. Provide for the racist motivation of a crime to be
considered as an aggravating circumstance in Irish criminal
law.
Situation of Travellers
25. Work closely with Travellers when preparing, implementing
and monitoring policies and programmes designed for the
Travellers.
26. Promote the participation of Travellers in political decision-
making at local and national level.
27. Ensure that Travellers are effectively protected against
discrimination and racism under national and international law.
Treatment of migrants and asylum-seekers
28. Ensure that the right to remain in Ireland during the
procedure is granted to asylum-seekers who appeal asylum
decisions which raise questions in relation to Article 3 of the
European Convention on Human Rights.
29. Reconsider the provision in the proposed Immigration,
Residence and Protection Bill which would direct costs for so
called frivolous and vexatious proceedings to the legal
counsel of the applicant.
30. Provide family accommodation to families with children
seeking asylum in Ireland.
31. Introduce temporary work permits for asylum-seekers.
32. Introduce statutory provisions regulating family
reunification for all groups of people.
33. Implement the principle of the best interests of the child in
decisions within the field of immigration and refugee law
related to children.
Fight against terrorism: extraordinary renditions

34. Review the current inspection and monitoring
arrangements in Ireland with a view to ensuring that effective
and independent investigations are carried out into any serious
allegation of extraordinary renditions.
APPENDIX 1
List of authorities, civil society organisations
and institutions met or consulted
Authorities
Members of Government
Mr. Bertie Ahern, An Taoiseach
Mr. Dermot Ahern, Minister for Foreign Affairs
Mr. Brian Lenihan, Minister for Justice, Equality and Law
Reform
Mr. John Gormley, Minister for the Environment, Heritage &
Local Government
Ms. Mary Harney, Minister for Health and Children
Mr. Brendan Smith, Minister of State for Children
Mr. Conor Lenihan, Minister of State for Integration
Attorney General
Mr. Paul Gallagher
Oireachtas
Mr. Michael Woods, Chairman, Joint Committee on Foreign
Affairs
Ms. Jan OSullivan, Vice Chairman, Joint Committee on Health
and Children
Mr. Sean Connick, Government Convenor, Joint Committee on
Justice, Equality, Defence and Womens Rights
Supreme Court
The Hon. Mr. Justice John L. Murray, Chief Justice
High Court
The Hon. Mr. Justice Richard Johnson, President
Director of Public Prosecutions
Mr. James Hamilton
Ombudsman for Children
Ms. Emily Logan
Garda Siochna Ombudsman Commission
Mr. Conor Brady, Commissioner
Equality Authority
Mr. Niall Crowley, Chief Executive Officer
Irish Human Rights Commission
Dr. Maurice Manning, President
Department of Foreign Affairs
Ms. Kathryn Coll, Director, Russia, Eastern Europe and Central
Asia Section
Mr. Andrew Noonan, Desk Officer, Eastern Europe and Central
Asia Section
An Garda Sochna
Mr. Fachtna Murphy, Commissioner
Irish Naturalisation and Immigration Service
Mr. Pat Folan, Director General
Irish Youth Justice Service
Ms. Michelle Shannon, Director
City of Dublin
Mr. Paddy Bourke, Lord Mayor of Dublin
City of Cork
Mr. Terry Shannon, Deputy Lord Mayor of Cork
Ms. Catherine Clancy, Councillor
Civil Society
University Institutes
o Centre for Criminal Justice and Human Rights (CCJHR),
University College Cork
o Irish Centre for Human Rights, National University of Ireland,
Galway
Non-governmental organisations
o Age Action Ireland
o Amnesty International
o Childrens Rights Alliance
o Free Legal Advice Centres
o Gay and Lesbian Equality Network
o Inclusion Ireland
o Integrating Ireland
o Irish Council for Civil Liberties
o Irish Family Planning Association
o Irish Penal Reform Trust
o Irish Refugee Council
o Migrant Rights Centre
o National Network of Womens Refuges and Support Services
o National Womens Council of Ireland
o Pavee Point
o People with Disabilities in Ireland
o Rape Crisis Network Ireland
o Transgender Equality Network Ireland
Institutions and Sites
o Accommodation Centre for Asylum Seekers, Kinsale Road,
Cork
o Central Mental Hospital, Dublin
o Cuanlee Womens Refuge, Cork
o Glanmire Community College, Co. Cork
o St. Patricks Institution for Young Offenders, Dublin
o Traveller specific accommodation at Avilla Park and
temporary halting site at St. Marys, Dunsink Lane, North of
Dublin
o Trinity House Detention School, Oberstown, Lusk, Co. Dublin
International Organisation
Mr. Manuel Jordo, Representative of the UN High
Commissioner for Refugees in Ireland
Other
The Commissioner delivered the IHRC Annual Human Rights
Lecture at the National Gallery in Dublin entitled Current
Challenges to Human Rights Protection in Europe. He also
delivered the keynote address at a Seminar on Guardianship
and Migrant Children co-organised by the CCJHR and the Irish
Refugee Council.
APPENDIX 2
Response of the Irish government

As a founding member of the Council of Europe, Ireland
considers the promotion and protection of human rights as a
key policy priority, both domestically and on the international
stage. Ireland remains a strong supporter of the work of the
Council and in particular attaches the highest importance to its
efforts in the core areas of human rights, democracy and the
rule of law.
Respect for human rights is a long-held value of the Irish state
and of successive Irish Governments. In 2003, the European
Convention on Human Rights was given further effect to in
Irish law, allowing citizens to rely on its provisions in domestic
court proceedings. This complemented the very extensive
protection of citizens fundamental rights already afforded by
the 1937 Irish Constitution and by the body of Irish law.
One of the unique aspects of the Council of Europes work in
the area of human rights is the standard-setting and
monitoring work carried out under its aegis. This is evident in
the mandate of the Commissioner for Human Rights. The
Government recognises that the Office of the Commissioner
plays an important role in the architecture of human rights
protection in Europe.
The Government takes note of the Commissioners
comprehensive report on Ireland. It is the result of a
productive and active dialogue between the Commissioner and
the Irish authorities both in advance of and during his visit in
November 2007, and the Government is grateful for the
Commissioners kind words on the quality of co-operation with
him.
The recommendations it makes will be considered carefully by
the Irish authorities, who are committed to continuing to
identify and implement improvements in protection of the
human rights of all citizens of and residents in Ireland.
The Government looks forward to continued cooperation with
the Commissioner for Human Rights in the future.
Ireland would like to take this opportunity to make the
following comments.
Recommendation 1: Ratify Protocol No. 12 to the
European Convention on Human Rights and the
Convention on Action against Trafficking in Human
Beings
The Government attaches high priority to tackling the issue of
human trafficking including putting in place the necessary
legislative and administrative frameworks to enable Ireland to
ratify the Convention on Action against Trafficking in Human
Beings at the earliest time possible.
The Department of Justice, Equality and Law Reform now has
a dedicated Anti- Human Trafficking Unit with a mandate to
develop and support the implementation of a new national
strategy to address human trafficking. The Unit will act as a
pivot at national level, facilitating a well-focused, coordinated
approach to tackling the sordid and heinous crime of human
trafficking. It will also engage constructively with the NGO
community, which will have an important part to play,
particularly in relation to follow-up service provision to victims
of human trafficking.
Two key pieces of legislation the Criminal Law (Human
Trafficking) Bill 2007 and the Immigration, Residence and
Protection Bill 2008 are currently being considered by the Irish
Parliament. When they are enacted and the necessary
administrative arrangements are in place, Ireland will be in
compliance with various international anti human trafficking
instruments, including the Council of Europe Convention
against Trafficking in Human Beings. The intention would be to
then ratify the Trafficking Convention.
Ireland welcomes and supports the Council of Europes
commitment to constantly improve and develop the
international body of law for the protection against
discrimination, including Protocol No 12 to the ECHR.
As a signatory to Protocol 12, which seeks to enlarge the
original prohibition on discrimination in Article 14 of the ECHR,
Ireland keeps the question of ratifying the Protocol under
review. The major issue is the lack of clarity as to the precise
extent of the obligations imposed on States Parties by the very
broad general prohibition on discrimination in Article 1 of the
Protocol. We will watch closely how the European Court of
Human Rights interprets the scope of this Article when it
comes to rule on individual cases. The open, non- exhaustive
list of discrimination grounds in the Protocol contrasts with the
prescriptive list of discrimination grounds enshrined in
Irelands Employment Equality and Equal Status Acts and in EU
anti-discrimination law.
Recommendation 2: Adjust the legal aid scheme to the
extent that it reflects the actual cost of living standards
The Civil Legal Aid Board provides legal aid to persons of
modest means in accordance with the provision of the Civil
Legal Aid Act, 1995. The Board has received increases in
funding in recent years, and its allocation in 2008 is almost
27 million with an additional 9.89 million for Refugee Legal
Aid.
The financial eligibility limits under the Civil Legal Aid scheme
reflect actual cost of living expenses. Certain amendments
were made to the qualifying criteria which extended the
number of people who can qualify on income grounds and also
had the effect of improving access to the scheme.
A study has been commissioned to analyse actual eligibility
levels of the civil legal aid scheme and the early indications
from this exercise are that a substantial proportion of the
population qualifies for civil legal aid.
Ireland also operates a criminal legal aid scheme which
provides for the granting of free legal aid, in certain
circumstances, for the defence of persons of insufficient means
in criminal proceedings. In 2008, the criminal legal aid scheme
had a significant budget allocation of 45.6 million. The
decision to grant free legal aid in criminal proceedings is a
purely discretionary matter for each court. It is based on the
applicants means and allows that he or she may have legal aid
where the court is satisfied that this is essential in the interest
of justice, having regard to the gravity of the charge.
Ways of improving the provision of state services against the
background of increased migration to Ireland are reviewed on
an ongoing basis. A strategic study with a view to the
development of quality and cost-effective interpretation and
translation services for Government service providers is due to
be completed by mid 2008. It will assess the strengths and
weaknesses of the current provision from the perspective of
providers and users of services, identify models of good
practice and develop preferred options for future provision.
Recommendation 3: Review the mandates of the
different human rights complaints bodies with a view to
optimising their effectiveness and independence as well
as closing current protection gaps with particular
reference to the remits of the Ombudsman and the
The Irish Government recognises the importance of
independent complaints bodies which function to maintain
public confidence and support in the organs of public
administration.
Bodies such as the Equality Authority, the Irish Human Rights
Commission and others are required by legislation to submit
an annual report on their activities to the relevant Minister
(these reports are also usually laid before parliament).This
enables the Government to continuously monitor the work of
the various complaints bodies, including issues such as their
mandates, effectiveness and independence. The more recently
established bodies need to optimise their effectiveness and
assert their independence on the basis of their existing
mandates before these are reviewed individually in due course.
The current national social partnership agreement, Towards
2016 - Ten-Year Framework Social Partnership Agreement
2006 2016, includes a commitment to review expenditure
on the equality infrastructure provided by the Equality Acts to
reduce the incidence of discrimination. As part of this exercise,
the Department of Justice, Equality and Law Reform and the
Board of the Equality Authority plan to carry out a value for
money review of the Equality Authority.
On 31 March 2008, the Government published a Bill providing
for the establishment of a Legal Services Ombudsman who will
be independent in the performance of his or her duties. The
functions of the office will include receiving and investigating
complaints as well as developing initiatives to improve public
understanding of issues relating to complaints against
members of either branch of the legal profession.
The Government welcomes the Commissioners
acknowledgement of its efforts to resource the national human
rights institutions and of the dedicated work for the protection
of human rights done by the members of many human rights
structures whom he met during his visit.
The Government notes the Commissioners comments

concerning the Ombudsman's remit. Subject to Government
approval, it is expected that legislation will be published in the
near future to update the Ombudsman Act 1980 and
significantly expand the remit of the Ombudsman, although
there are no proposals to include the asylum/immigration
area, or places of detention. There are also no proposals to
amend or review the provision in the Ombudsman Act (at
section 5(3)) which permits a Minister of the Government to
request the Ombudsman not to investigate particular actions.
The Ombudsman for Children does not have statutory
functions relating to the inspection of, or investigation of
complaints in prison institutions. The statutory powers of
inspecting prison institutions and hearing prisoner complaints
are vested in the Inspector of Prisons and the Prison Visiting
Committees. However, if an individual detained in the Irish
prison system and who is less than eighteen years of age
wishes to see the Ombudsman for Children, the Irish
authorities will facilitate access for that person.
At the invitation of the Governor, the Ombudsman for Children
has visited St. Patricks Institution which currently
accommodates 16 and 17 year old boys, as a temporary
measure. Once the Irish Youth Justice Service takes on
responsibility for them, 16 and 17 year old boys will
automatically be included in the Ombudsmans remit.
The Ombudsman for Children has a statutory role relating to
the investigation of any actions or complaints in the four
children detention schools which accommodate boys up to the
age of 16 years, and girls up to the age of 18 years who are
remanded or committed by the criminal courts.
Recommendation 4: Provide comprehensive and
comparative information to the public on the mandates
and functions of different complaints mechanisms
The report acknowledges positively that each of the many
human rights structures in Ireland already provides
information to the public on its mandate and procedures in an
easily understandable format.
On the issue of helping members of the public to understand
where best to direct their individual concerns, the website of
The Citizens Information Board which contains comprehensive
information on State services, includes a booklet "Where to
complain" giving detailed advice along the lines recommended
by the Commissioner. The booklet is currently being updated
to reflect the many relevant developments since 2004. See:
http://www.citizensinformationboard.ie/publications/publicatio
ns_booklets.html
The public can also get relevant information from the network
of Citizens Information Services and from the national Citizens
Information Phone Service. In 2007, information, advice and
advocacy services provided from 268 locations dealt with more
than 600,000 callers while the national Citizens Information
Phone Service had over 100,000 callers.
Recommendation 5: Facilitate the interaction of
authorities with civil society representatives at all levels
to ensure that their experience and expertise can
benefit policy formulation and implementation
The Irish Government recognises the important role of civil
society and appreciates the valuable input made by civil
society during the policy formulation and implementation
processes.
Appropriate mechanisms are designed to meet the needs of
specific policy issues as they arise and these generally
incorporate the invitation of submissions from the public and
representative groups followed by engagement with specific
groups on details of proposals. Examples of involvement of
civil society in policy formulation in recent years include the
consultative processes which supported the development of
inter alia the National Womens Strategy, the preparation of
the Immigration Residence & Protection Bill and the National
Action Plan to Prevent and Combat Trafficking in Human
Beings. In the Integration area, the planned establishment of a
Task Force on Integration as well as the establishment of a
Ministerial Council will also enable stakeholders to input into
Integration policy.
Regulatory Impact Analysis (RIA) was formally introduced in
Ireland in June 2005. It is a far reaching instrument applicable
to all proposals for primary legislation and other significant
regulations. Consultation and the consideration of social,
economic and environmental impacts, including impacts on the
rights of the citizen, are integral elements of the RIA process.
In addition, equality proofing tools have been developed as a
mechanism to ensure that policies and programmes do not
adversely impact on any vulnerable groups protected by
national equality legislation.
Ireland has a very strong social partnership structure and has
had seven social partnership agreements to date including the
current "Towards 2016" agreement. The Social Partnership
structure allows for extensive interaction and negotiation
between the Government and the Social Partners - that is, the
main trade union, employer and farming organisations as well
as the community and voluntary sector.
Recommendation 6: Conduct a base-line study to assess
the extent to which human rights are integrated into
education and training so that further needs can be
identified and addressed for ensuring that human rights
awareness reaches all walks of society
The wide range of ongoing initiatives in the field of human
rights education in Ireland is known to the Commissioner and
is welcomed in his report. Insofar as the school system is
concerned, the Government does not see the added value of a
base line study of human rights education.
The human rights perspective permeates the curriculum of
primary and post-primary schools. From developing the young
childs awareness of how to interact fairly with others, treat
them with dignity and respect and learn to appreciate
difference, the curriculum gradually widens to include, through
the teaching of history and geography for example, the
themes of poverty, discrimination, prejudice, racism,
sustainable development and environmental awareness among
others. Mental health issues and child protection issues,
specifically bullying, are also featured. Human rights education
is a core element of both Social Personal and Health Education
(SPHE) which is a mandatory part of the national curriculum in
primary schools and in lower second level education and Civic
Social and Political Education (CSPE) which is an examinable
subject taken by all junior cycle pupils. Senior cycle
programmes in Politics and Society and in SPHE are currently
being developed.
In relation to the reference in paragraph 35 of the report to
human rights education for professionals, in particular the
judiciary and the health sector, information has been provided
to the Commissioners Office on human rights programmes
and research at 12 third level education institutions in Ireland.
Information has also been provided on the Judicial Studies
Institute, which provides for the ongoing education of the
Judiciary. Arrangements will be made to draw the
Commissioner's comments on the need for human rights
education of the judiciary to the attention of the Judicial
Studies Institute. See also response to recommendation 14.
The principles of equality, maximum participation and choice
for individuals are basic elements of the approach to health
care training in Ireland. Human rights awareness is already
addressed in the curriculum for training nurses and midwives.
The Government has noted the Commissioners point in
relation to the need for human rights education for health
sector professionals generally.
Recommendation 7: Develop a national action plan on
human rights as an inclusive process for continuously
improving human rights in Ireland
The promotion and protection of human rights is an important
element of Irelands domestic and foreign policy. To target
areas of concern in a human rights context, Ireland has
developed a number of National Action Plans, including those
related to racism, women and social inclusion. The emphasis in
these plans is on a whole of system approach, with particular
focus on mainstreaming issues into the formulation of public
policy. Our approach is further informed by a desire to develop
the most effective strategies to address human rights issues.
Ireland has also developed a number of National Strategies to
tackle specific areas of concern. Among these strategies are
those relating to children and childcare, disability, health,
homelessness, prison policy, the Traveller Community and
youth justice. Work is currently underway to develop a
strategy in the area of violence against women.
Ireland keeps policy regarding the promotion and protection of
human rights under constant review. Priority is given to
consideration of recommendations arising from the reporting
mechanisms of the Council of Europe and the United Nations.
The Irish authorities continue to closely monitor strategies and
experiences elsewhere to see if they can usefully be applied in
Ireland.
Recommendation 8: Implement the National Action Plan
for Social Inclusion 2007-2016 so as to significantly
reduce the number of children experiencing consistent
poverty
Ireland is determined to achieve a very high level of social
inclusion. The main policy instrument in this area, which builds
on progress already achieved, is the National Action Plan for
Social Inclusion (NAPinclusion) which aims to reduce
consistent poverty to between 2% and 4% by 2012 and to
eliminate it by 2016. Moreover, the National Development Plan
2007-2013 includes a commitment to spend nearly 50 billion
over that period on social inclusion targets, including over 12
billion for children's needs. Most recently, Budget 2008
included a 194 million improvement in income supports to
combat child poverty focused on increases in the early
childcare supplement and in child benefit. The increases in
Child Benefit came into effect on 1 April 2008.
The latest survey results from the Central Statistics Office
(CSO) for 2006 show that the overall consistent poverty rate is
on a downward trajectory.
A key focus of education policy is to prioritise investment in
favour of those most at risk and to optimise access,
participation and outcomes at every level of the system for
disadvantaged groups. Investment in tackling educational
disadvantage has increased significantly in recent years. In
2008, some 800m is being provided for targeted initiatives at
all levels - an increase of some 70m on the comparable 2006
figure and a 75% increase on the comparable figure for 2003.
Under the social partnership agreement, Towards 2016, the
Government and the social partners have agreed to work
together towards the goal that every child should leave
primary school literate and numerate and that the proportion
of the population aged 20 24 completing upper second level
education or equivalent will exceed 90% by 2013. It has also
prioritised the tackling of early school leaving. The first
integrated educational inclusion strategy for 3 to 18 years olds
from disadvantaged communities, DEIS (Delivering Equality of
Opportunity in Schools), was launched in 2005. It provides for
a standardised system for identifying levels of disadvantage
and an integrated School Support Programme (SSP) which will
cover 873 schools. On full implementation, it will involve an
additional annual investment of some 40m. Details of
implementation measures to date and priorities for 2008 have
been provided to the Commissioner.
Recommendation 9: Use the opportunity of the
proposed constitutional amendments to incorporate the
best interest of the child as a general principle in the
Irish Constitution in line with the UN Convention on the
Rights of the Child
The Irish Government notes the Commissioners comments
regarding the proposed amendment to the Constitution. It
awaits the conclusions of the Joint Committee on the
Constitutional Amendment on Children following its
examination of the Twenty-Eighth Amendment of the
Constitution Bill 2007 before proceeding further.
Recommendation 10: Prohibit corporal punishment of
children in a comprehensive way
The Irish Government notes the Commissioner's comments in
relation to the full prohibition of corporal punishment and the
acknowledgement of the need for sustained public education
and the promotion of positive parenting, aside from legal
reform. The Government is actively promoting a policy of
positive parenting and further developing family support
services. As the Commissioner is aware, research already
underway will inform further consideration of this issue.
Recommendation 11: Provide for professional care in
the accommodation facilities for separated children and
assign a guardian ad litem to each separated child
The Office of the Minister for Children and the Health Service
Executive (HSE) are working towards the provision of
appropriate services which meet the needs of separated
children. The HSE are devising a National Operational Policy for
separated children. This is at an advanced stage and will
support the principle that all children in the care of the HSE
should receive the same standard of care whether they are
separated children seeking asylum or indigenous children in
care. The policy will also reflect the principle of good practice
that younger children under 12 should be placed in foster care,
while older, less vulnerable young people can be placed in
residential care or supported lodgings as appropriate. When
implemented, this policy will fulfil the Commissioners
recommendation in relation to the professional care for these
minors.
New national protocols regarding missing children are
currently being drafted and will be finalised shortly. The HSE
are in consultation with the Garda (police) Missing Persons
Bureau on this matter.
A number of staff in both the Office of the Refugee
Applications Commissioner (ORAC) and the Refugee Appeals
Tribunal (RAT) have received specialised training in dealing
with cases of unaccompanied minors. This training is currently
facilitated by the UNHCR and involves presentations to
practitioners from child care experts focusing on issues such as
psychological needs, child specific aspects of the refugee
process, the role of the social worker and other issues
particular to refugee determination for separated children.
Specific provision of guardian ad litem services for separated
children would need to be considered in the context of a wider
range of policy considerations which go beyond the needs of
this particular group of children. Full implementation of the
National Operational Policy regarding the care of these minors
(referred to above) will also impact on the potential need for
such services.
See also response to recommendation 33.
Recommendation 12: Address the increasing demand for
choice within the educational system, in particular with
regard to cultural and religious diversity
As noted by the Commissioner the demand for choice is being
actively pursued by the Department of Education and Science
in consultation with the key stakeholders in education.
The current shape of our school system reflects the historical
reality that the vast majority of primary schools in this country
were established by religious authorities mainly the Catholic
Church. Such schools have traditionally welcomed pupils from
all backgrounds and continue to do so and many have large
numbers of non-Catholics enrolled. There has been an increase
in the number of patron bodies seeking recognition for new
schools and in recent years most of the new schools opened
have been multi-denominational in ethos.
In February 2007 the Minister for Education and Science
announced her intention to devise a new model of primary
school patronage which has the capacity to cater for the
wishes of parents of all faiths and of none within the
framework of a single patron model and a single board of
management structure. The framework for the new model
would be representative of and designed to cater for the
diversity of religious beliefs within an area served by a primary
school. It was stated that the new model was not intended to
replace the existing models but to provide an additional option,
likely to be used particularly in growing areas. It is important
that all schools have the range of pupils that is fully
representative of their wider communities, both Irish and non-
Irish.
Following consultations with key stakeholders in the
intervening period, the Minister has announced that the new
State model of community national school, under the
patronage of County Dublin Vocational Education Committee
(VEC), is to be piloted in three locations in Dublin from
September 2008. A core principle of the new model is that the
school would facilitate religious education for various
denominational groups as part of the school day.
In March 2008 the Minister for Education and Science
announced that she is planning a major conference this June
to consider the implications of the new societal diversity on the
future organisation of schools in Ireland. This conference will
also focus on the balance between parental choice and
capacity to deliver; the need to ensure that all schools are
inclusive and the implications of this for enrolment policies.
The Government is very conscious of the need to ensure timely
provision of extra accommodation for the estimated 100,000
extra children who will enter our primary schools over the next
seven years or so. To this end, 95 million or 30% - extra is
being provided for primary school buildings in 2008, bringing
total capital expenditure on the building programme to nearly
600 million next year. This has been acknowledged with
satisfaction by the Commissioner.
There are now almost 2,000 English language support teachers
in the system catering for the needs of immigrants in primary
and post-primary schools at a cost of approximately 120
million per annum; this is up from 260 support teachers in
2001/2002.
The above initiatives confirm that the Government is actively
addressing the increasing demand for choice within the
education system and is involving the key stakeholders, as the
Commissioner has recommended.
Recommendation 13: Provide adequately resourced
separate facilities and services for minor psychiatric
patients, and make early intervention at a local level
possible for such children
Government policy for the development of Child and
Adolescent mental health services is outlined in A Vision for
Change. It recommends the recruitment of additional Child
and Adolescent Multidisciplinary Mental Health Teams and the
development of additional in-patient accommodation.
In 2008 eight additional Multidisciplinary Teams will be
recruited and 18 additional beds provided. Construction of two
20 bed units (in Cork and Galway) for children and adolescents
will also commence in 2008.
With reference to paragraph 58 the Governments decision to
relocate the Central Mental Hospital (CMH) to Thornton Hall,
Co Dublin is consistent with A Vision for Change" which
recommends that the CMH should be replaced or remodelled
to allow it to provide care and treatment in a modern, up-to-
date humane setting and that capacity should be maximised.
The new hospital facility will provide a therapeutic, forensic
psychiatric service to the highest international standards, in a
state-ofthe-art building. This redevelopment of the CMH will
constitute a separate capital development project independent
of the prison complex to replace Mountjoy Prison. It will be
built on its own campus with an entrance and an address
separate to those of the prison complex; it will be owned and
managed by the Health Service Executive (HSE) and it will
retain its identity as a distinct therapeutic health facility.
Recommendation 14: Ensure full implementation of the
Children Act 2001 and its sentencing principles for
example by providing guidance and specific training to
the judiciary
Ireland is committed to supporting the rights of children and
young people and the Government encourages the detention
of children only as a very last resort. To achieve this goal the
Government established the Irish Youth Justice Service.
Last year, the Government agreed the allocation of additional
resources to allow for the effective implementation of the
Children Act 2001. The additional resources include staff for
the Probation Service, 28 new Juvenile Liaison Officers and
three additional District Court Judges.
In the area of juvenile justice the Irish Youth Justice Service

plays a key role in the implementation of the Children Act
2001 by leading and driving reform in this area. This has led to
the development of a National Youth Justice Strategy for the
period 2008-2010, which has recently been approved by
Government.
With regard to the specific reference to providing guidance
and specific training to the judiciary, it should be noted that
the Irish Constitution guarantees the independence of the
judiciary.
The Judicial Studies Institute was established by the judiciary
in 1996. The role of the Department of Justice Equality & Law
Reform is limited to the provision of funding for training and a
sum is provided annually to the Institute. The Institute
produces a journal periodically and organises conferences,
seminars and lectures for judges with the object of enhancing
their knowledge and understanding of the law and legal
principles with particular regard to new developments. The
Commissioner's recommendations will be brought to the
attention of the Institute.
Recommendation 15: Develop further the system of
alternative sanctions for juvenile delinquents and
ensure adequate funding for the system across the
country
The Government is committed to continuing the development
of alternative sanctions for juvenile offenders. The Children Act
of 2001 emphasised the importance of diverting young people
from the criminal justice system. The provisions of the Act
provided for the introduction of a range of new Community
Sanctions for children to be operated by the Probation Service.
The number of Garda (police) Youth Diversion Projects has
been increased significantly and the full range of Community
Sanctions is being implemented. Twenty nine new projects
were established in 2007, bringing the total number of such
projects to 100. A further 68 projects will be established over
the next five years in line with the commitment given in the
Programme for Government.
Under the National Development Plan 2007-2013, a sum of
120 million has been allocated to Garda Projects and 104
million to the implementation of Community Sanctions.
Recommendation 16: Review the current system of Anti-
Social Behaviour Orders so that it does not lead to an
increased use of detention and ensure its independent
monitoring
The provisions of the Children Act 2001 provide for a range of
community sanctions to the courts. The sanctions are aimed at
reducing the number of children sentenced to detention by the
courts. They also seek to improve the outcomes for children in
a range of areas including such matters as re-offending,
education attainment, family supports and substance abuse.
An investment of 104 million is being made under the
National Development Plan 2007- 2013 for the implementation
of these new community sanctions.
Anti-Social Behaviour Orders offer an alternative for dealing
with anti- social behaviour to the criminal process, which is
particularly important when dealing with children. A Behaviour
Order is the last in a series of steps which give the child
concerned the opportunity to address the behaviour.
It should be noted that the system of Anti-Social Behaviour
Orders for children has a separate range of procedures which
were framed in the context of the overall philosophy and policy
that underpins the Children Act. These include a "good
behaviour contract" which can be drawn up at a meeting
involving the child, their parent(s) or guardian and the Garda
(police). The option of referral to the Garda Juvenile Liaison
Programme may also be pursued before the question of
application to the court for a behaviour order arises.
Under the recently approved National Youth Justice Strategy
2008-2010, An Garda Sochna (the police service) will
monitor the use and effectiveness of the anti-social behaviour
measures. In addition, statistical returns on the use of such
measures will be made to the Irish Youth Justice Service on a
regular basis. There is no evidence to suggest that any
additional and/or independent monitoring is warranted at this
stage.
Recommendation 17: Apply the Children Detention
School model when the detention of juvenile offenders
is deemed a necessary measure and discontinue the
imprisonment of children in adult facilities
The Irish Government is committed to ensuring that children
who are detained as a measure of last resort are given the
opportunity for full rehabilitation and reintegration into society.
Childrens detention schools provide separate remand and
committal facilities, focused on rehabilitation and all children
attend full time education while in detention.
Following consideration of the Expert Group report on this
issue, the Government approved, in March 2008, the
development of a new national children detention school to
cater for all children under 18 detained by the courts.
The new detention school will facilitate the transfer of
responsibility for 16 and 17 year old boys from the Irish Prison
Service (St. Patricks Institution) to the Irish Youth Justice
Service. Planning for the new facility will begin immediately
and it is anticipated that the first phase of the development,
which will include the removal of all children from the prison
system, will be operational by 2012.
Planning for the use of a separate facility on the site of the
new prison complex at Thornton Hall for juvenile offenders is a
contingency to ensure that accommodation for these young
offenders is available should the closure of St. Patricks
Institution occur prior to the completion of the new childrens
detention school. If this proves necessary it will be used for as
short a time as possible.
Recommendation 18: Review the resource needs of the
Equality Tribunal to minimise its backlog of cases
Ireland continues to be committed to overcoming
discrimination and promoting equality for all, and this
commitment is underpinned by a strong body of legislation.
Among the commitments contained in Towards 2016 - Ten-
Year Framework Social Partnership Agreement 2006 2016 is
the review of expenditure on the equality infrastructure
provided by the Equality Acts to reduce the incidence of
discrimination. A particular priority is the removal of the
current backlog of cases before the Equality Tribunal. The
Department of Justice Equality and Law Reform, as a matter of
urgency, is addressing this issue, in collaboration with the
Tribunal.
Recommendation 19: Clarify the scope of legal abortions
through statutory law in line with domestic
jurisprudence and provide for adequate services for
carrying out such abortions in Ireland
The Government is satisfied that any medical treatment
necessary to safeguard a womans life during pregnancy is
available in Ireland. It has no plans to bring forward further
constitutional or legislative proposals in relation to abortion.
Recommendation 20: Change the law on birth
registration in such a way that transgender persons can
obtain a birth certificate reflecting their actual gender:
This Recommendation, and the High Court decision to which
reference is made in paragraph 81 of the Commissioner's
report, relate to the Civil Registration Act. However any
proposal to change this legislation along the lines suggested
would involve a number of broad and complex issues which
require detailed consideration across many Departments.
In view of the significance of the High Court judgement not
merely for this case but for future cases under the European
Convention on Human Rights Act, an appeal has been lodged
in the Supreme Court against the High Court decision
mentioned, in the interest of seeking clarity on all its
implications.
Recommendation 21: Provide the National Office for the
Prevention of Domestic, Sexual and Gender-based
Violence with adequate resources for the effective
fulfilment of its broad mandate while, in particular
ensuring effective support for women victims of
violence through services supplied by both state and
civil society operators
The Government is committed to addressing the closely
related problems of domestic, sexual and gender- based
violence. In June 2007, the Government established Cosc - the
National Office for the Prevention of Domestic, Sexual and
Gender-based violence - with the key responsibility to ensure
delivery of a whole of government response to, and support
for, victims of domestic and sexual violence. Cosc has been
resourced as required currently to fulfil its coordination
mandate.
Recommendation 22: Monitor the implementation of the
National Action Plan against Racism and the local Anti-
Racism and Diversity Plans in close co-operation with
civil society and ethnic and cultural minority
representatives, while preparing new action plans to
succeed the current ones
The implementation of the National Action Plan against Racism
confirms Irelands dedication to combating racism and to
developing a more inclusive and intercultural society based on
policies that promote interaction, equality of opportunity,
understanding and respect.
The National Action Plan against Racism runs from 2005 to the
end of 2008. NPAR is now under the remit of the newly
established Office of the Minister for Integration (OMI). It is
recognised that there is a need to maintain a focus on racism
within the new integration agenda and to have anti racism
programmes nestled within an intercultural framework.
A Strategic Monitoring Group meets regularly to monitor the
implementation of the National Action Plan. This Group
comprises Government officials as well as representative of
civil society and minority groups.
Several Anti-Racism and Diversity Plans have been supported
under the National Action Plan against Racism on a pilot basis.
The Office of the Minister for Integration is planning to support
the further development of City and County Integration Plans.
It is recognised that the development of these Plans should
involve a wide range of stakeholders including local
authorities; key service providers; social partners and the
community and voluntary sector, including those groups
representing minority ethnic communities.
Recommendation 23: Improve data collection on racist
and xenophobic incidents
Official statistics on racially motivated incidents are recorded
by An Garda Sochna (the police service). The National
Consultative Committee on Racism and Interculturalism
(NCCRI) established a voluntary reporting mechanism in 2001
and this provides a valuable complementary source of
information and analysis of racist incidents. The NCCRI, in
common with other EU Member States, periodically makes a
return of these incidents to the EU Fundamental Rights
Agency.
One of the priorities set out in the National Action Plan against
Racism is to support the development of a comprehensive and
integrated data collection strategy in relation to racist
incidents. This would include Garda crime statistics, and
sources such as national crime surveys and complementary
reporting mechanisms, having regard to harmonisation of data
collection for comparative purposes across the EU.
Recommendation 24: Provide for the racist motivation
of a crime to be considered as an aggravating
circumstance in Irish criminal law
Under the National Action Plan against Racism, research has
been commissioned into the adequacy of Irelands legislation
on racially motivated crime. The research is expected to be
finalised shortly. The findings of this research will provide
important information on whether it is necessary to add to
existing legislation to provide for the racial motivation of a
crime to be considered as an aggravating circumstance in Irish
criminal law.
Recommendation 25: Work closely with Travellers when
programmes designed for the Travellers
Ireland is committed to improving continuously the
coordination and effective delivery of services and supports for
Travellers.
A key aspect of Irish Government strategy in relation to
Travellers is an integrated approach among agencies operating
under the County and City Development Boards, coupled with
effective consultation with Travellers. This approach is outlined
in two priority recommendations contained in the Report of the
High Level Group on Traveller Issues, which was approved by
Government in 2006.
At national level there is direct Traveller representation on
policy advisory and monitoring committees in relation to
Traveller Accommodation, Education and Health. In addition,
following on the 2006 national partnership agreement,
Towards 2016, a new National Traveller Monitoring and
Advisory Committee was established as a forum for dialogue
between the relevant social partners. This Committee, which
includes four national Traveller organisations along with a
number of prominent individual Traveller representatives, also
has a specific remit to advise on policy in relation to the
Traveller Community. It is due to make its first advisory report
in 2009. The Irish authorities have ensured, through primary
legislation, the active participation of Travellers in formulating
and implementing policies for the provision of accommodation
of Traveller families both at national level and locally in every
local authority throughout the country.
The 2006 Census showed a total Traveller population of
22,400. The Report and Recommendations for a Traveller
Education Strategy was launched in November 2006. It covers
all aspects of Traveller education from pre-school right through
to further and higher education. It is estimated that there is
100% completion of primary school by Traveller children. In
relation to the reference in paragraph 92 to the proportion of
Traveller children entering and completing secondary
education, it is important to note that their participation rate
has risen from 961 in 1999/2000 to 2,229 in 2005/2006. In
addition there are 33 Senior Traveller Training Centres located
throughout the country. There are approximately 1,000
students attending the centres. They cater for the needs of
Travellers and others aged 15 years and upwards. There is no
upper age limit so as to encourage parents and older Travellers
to become involved.
In February 2008, an allocation of 320,000 in funding for
local Traveller support projects was approved. The grants
support a number of local projects which were already in
progress from 2006/2007. These were locally based projects
involving a partnership between state
agencies and community based groups. Most of them were
aimed at assisting young Travellers remain in education by
providing homework support, mentoring etc, and others
address the access by Travellers in mainstream Youth support
(Youth clubs, sports etc).
Recommendation 26: Promote the participation of
Travellers in political decision-making at local and
national level
Irish electoral law enables members of the travelling
community to be registered as electors, even where they have
a nomadic lifestyle.
The Guidelines for Registration Authorities recommend that as
far as possible, the names of all members of the travelling
community who are eligible to vote are included in the
Register. While it can sometimes be difficult to ascertain the
place of ordinary residence, registration authorities are advised
that those members of the travelling community who regularly
occupy the same site for considerable periods of the year
should be registered and, in this regard, should liaise with all
other relevant bodies to ensure that as many eligible members
of the travelling community as possible are included in the
Register.
The selection of candidates to stand for election is a matter for
each political party and the question of actively promoting
such activity rests with them.
The Office for Democratic Institutions and Human Rights
(ODIHR) sent an Election Assessment Mission to Ireland to
observe the electoral process in the context of the General
Election 2007. The Mission met with representatives of
Traveller organisations who, prior to the election, had carried
out election information and awareness activities including
voter education initiatives to target, in particular, the relatively
high number of illiterate voters in their community and to
encourage broader participation. Candidate forums were also
organised to raise awareness of the issues most important to
Travellers.
While no Travellers have yet been elected to parliament nor did
any Traveller candidate run in the 2007 General Election,
members of the travelling community are more active in local
elections and the current Mayor of the town of Tuam is a
Traveller. Representatives of the travelling community told the
ODIHR Mission that they did not have any complaints about
specific incidents of racist or intolerant discourse during the
election campaign.
Recommendation 27: Ensure that Travellers are
effectively protected against discrimination and racism
under national and international law
The key anti-discrimination measures, the Incitement to
Hatred Act, 1989, the Unfair Dismissals Acts 1977, the
Employment Equality Acts and the Equal Status Acts
specifically identify Travellers by name as a protected group.
The Equality Act 2004, which transposed the EU Racial Equality
Directive, applied all the protections of that Directive across
the categories contained in the legislation, including the
Traveller community ground. All the protections afforded to
ethnic minorities in EU directives and international conventions
apply to Travellers because the Irish legislation giving effect to
those international instruments explicitly protects Travellers. It
should also be noted that Travellers have successfully invoked
the European Convention on Human Rights Act, 2003.
Recommendation 28: Ensure that the right to remain in
Ireland during the procedure is granted to asylum-
seekers who appeal asylum decisions which raise
questions in relation to Article 3 of the European
Convention on Human Rights
The asylum determination system in Ireland aims to compare
with the best in the world in terms of fairness, decision
making, determination structures and support services for
asylum seekers including access to legal advice.
Current legislation provides that asylum applicants are entitled
to remain in the State pending a final determination of their
applications (which includes both first instance and appeals
decisions). A person, whose application for refugee status is
rejected, having had a claim examined by the Office of the
Refugee Applications Commissioner and the Refugee Appeals
Tribunal, is afforded a further extensive and detailed
examination before a deportation order may be issued. In
addition, failed asylum applicants are eligible to apply for
subsidiary protection in accordance with the relevant
legislation.
The Minister is also obliged, under current legislation, to
consider the issue of risk to a person before a deportation
order is made.
The Immigration, Residence and Protection Bill 2008, which is
currently before the Irish Parliament, proposes to
comprehensively reform and simplify the current asylum
determination system through the introduction of a single
procedure for the investigation of all grounds, including
protection ones, put forward by applicants for protection. This
reform of the processing framework will lead to the removal of
the existing multi-layered and sequential process and will allow
applicants to get a final decision on applications in a more
timely and efficient manner. The Bill does not propose any
change to the asylum applicants entitlement to remain in the
State pending a final decision on their application.
Recommendation 29: Reconsider the provision in the
proposed Immigration, Residence and Protection Bill
which would direct costs for so called frivolous and
vexatious proceedings to the legal counsel of the
applicant
The Immigration, Residence and Protection Bill 2008 contains
provisions to prevent the misuse of the judicial process. The
issue raised in regard to the Bill will be considered.
Recommendation 30: Provide family accommodation to
families with children seeking asylum in Ireland
The Reception and Integration Agency (RIA) has always
provided family accommodation to families with children
The variety of accommodation in use allows RIA to meet the
needs of all family configurations claiming asylum. The
accommodation centres are of varying sizes and include
hotels, hostels and purpose built centres. Kinsale Road, the
Centre visited by the Commissioner is a purpose built centre
and was constructed to allow for adaptation for different family
profiles.
Families are never assigned to a room suitable only for a single
person. In all cases, service providers are contractually obliged
to conform to relevant statutory requirements in relation to
room capacity.
RIA operates a robust inspection system to ensure that these
contractual obligations are met. Issues raised in the inspection
reports are addressed and corrected speedily.
Recommendation 31: Introduce temporary work permits
for asylum seekers
It is not proposed to allow asylum applicants to take up paid
employment pending a final decision being made on their
applications. Current legislation provides that an applicant for
asylum shall not seek or enter employment. The new
Immigration, Residence and Protection Bill 2008 which is
before Parliament does not propose any change to this policy.
The Government believes that, as a matter of public policy,
asylum seekers should not be allowed to work while their
applications are being considered. Any change to this policy
would undermine the asylum process and the wider
immigration system, as well as the work permit and other
labour market access schemes. These systems would be
undermined by giving immigrants who secure entry to the
State, on the basis of unfounded asylum claims, the same
access to employment as immigrants who follow the lawful
route to employment.
Under current legislation, asylum seekers have temporary
permission to remain in the State pending the determination of
their applications. It is clear that some persons seek protection
for the purpose of avoiding legitimate immigration controls in
order to enter the State for economic reasons.
Recommendation 32: Introduce statutory provisions
regulating family reunification for all groups of people
There are already statutory provisions in place in respect of
family reunification for persons granted refugee status and for
the family members of EU nationals exercising their rights of
free movement. In addition, the Immigration, Residence and
Protection Bill 2008, currently being considered by the Irish
Parliament, will provide the framework for expanding through
secondary legislation the family reunification regime applicable
to other categories of residence. In this regard a review of
current policies in relation to family reunification is taking
place.
Recommendation 33: Implement the principle of the
best interest of the child in decisions within the field of
immigration and refugee law related to children
The Office of the Refugee Applications Commissioner
recognises that certain applicants or groups of applicants in
the asylum process may have special needs, including in
particular unaccompanied minors and separated children.
Current legislation, provides that, where it appears to an
authorised officer of the Refugee Applications Commissioner or
to an Immigration Officer that a person who has arrived in the
State is under the age of 18 years, that child must be referred
to the relevant Health Services Executive (HSE) area which will
then decide whether or not to make an application for asylum
on their behalf. It is the responsibility of the HSE to decide
whether it is in the best interests of the child to make such an
application.
The Health Service Executive assists children throughout the
asylum process, including accompanying them to their
interviews. In addition, the Office of the Refugee Applications
Commissioner has a system to ensure that an unaccompanied
child is accompanied to the interview by a legal representative
and it also provides interpretation facilities.
Recommendation 34:
Review the current inspection and monitoring
arrangements in Ireland with a view to ensuring that
effective and independent investigations are carried out
into any serious allegation of extraordinary renditions
The Irish Government has repeatedly stated both domestically
and internationally its total opposition to the practice of
extraordinary rendition. The Commissioners report refers to
''Extraordinary Rendition' A Review of Ireland's Human Rights
Obligations published by the Irish Human Rights Commission
(IHRC) in December 2007. The Taoiseach and the Minister for
Foreign Affairs both responded to the publication of the
Review, setting out the
Government's position in extensive and robust terms.
As was set out in detail in its response to the IHRC Review,
the Irish Government remains confident that, under
international law, it is fully entitled to rely on the categoric and
absolute assurances secured from the United States
Government that they have not engaged in extraordinary
rendition though Ireland. The assurances received are of a
clear and categoric nature and relate to a factual situation over
which the US authorities have full knowledge and control.
On the matter of inspections, no other European country has

an inspection regime such as that proposed in the IHRC report.
The Government has made clear its view with regard to the
necessity, practicality and propriety of such a regime. The
Garda Siochana already have full powers to search civil aircraft
of the type alleged to have been involved in extraordinary
rendition where they have reasonable grounds for suspecting
illegal activity. They have investigated a number of allegations
and found no basis on which to proceed. No evidence has ever
been produced, nor any concrete allegation made, that any
person has ever been
subject to extraordinary rendition through Ireland
The Government continues to be active in its opposition to
extraordinary rendition, and has consistently demonstrated its
willingness to engage with international bodies, including the
Council of Europe and the European Parliament, on any
investigation into the issue, and in efforts to ensure that the
practice does not occur. In this context, the Minister for
Foreign Affairs has called for a review of the Chicago
Convention governing civil aviation, and we welcome the fact
that this is acknowledged in the Commissioner's report.
ss
1
See the Commissioners mandate especially Article 3 (e),
Resolution (99) 50 on the Council of Europe Commissioner for
Human Rights.
2
A full list of people, institutions and facilities visited can be
found in the appendix to this report.
3
OP-CAT entered into force on 22 June 2006. Its aim is to
prevent ill-treatment by establishing a system of regular visits
to places of detention to be carried out by independent
international and national bodies.
4
Such constitutional rights include: TRANSIT - HYPERLINK
.http://www.citizensinformation.ie/categories/government-in-
ireland/irish-constitution-1/equality_before_the_law. equality
before the law, TRANSIT - HYPERLINK
ireland/irish-constitution-1/right_to_life. right to life, TRANSIT
- HYPERLINK
ireland/irish-constitution-1/right_to_trial_by_jury. right to trial
by jury, TRANSIT - HYPERLINK
ireland/irish-constitution-1/right_to_bodily_integrity. right to
bodily integrity, TRANSIT - HYPERLINK
ireland/irish-constitution-1/right_to_travel. freedom to travel,
TRANSIT - HYPERLINK
ireland/irish-constitution-1/right_to_personal_liberty. personal
liberty, TRANSIT - HYPERLINK
ireland/irish-constitution-1/freedom_of_expression. freedom of
expression, TRANSIT - HYPERLINK
ireland/irish-constitution-1/freedom_of_assembly. freedom of
assembly, TRANSIT - HYPERLINK
ireland/irish-constitution-1/freedom_of_association. freedom
of association, TRANSIT - HYPERLINK
ireland/irish-constitution-1/religious_liberty. religious liberty,
TRANSIT - HYPERLINK
ireland/irish-constitution-1/rights-of-the-family. rights of the
family, TRANSIT - HYPERLINK
ireland/irish-constitution-1/right_to_own_property. property
rights, TRANSIT - HYPERLINK
ireland/irish-constitution-1/right_to_earn_a_livelihood. right to
earn a livelihood, TRANSIT - HYPERLINK
ireland/irish-constitution-1/inviolability_of_dwelling.
inviolability of dwelling, TRANSIT - HYPERLINK
ireland/irish-constitution-1/right_to_fair_procedures. right to
fair procedures TRANSIT - HYPERLINK
ireland/irish-constitution-1/right_to_privacy. and right to
privacy.
5
For details, see under 3.1.
6
See under 5.1.
7
See under 8.1.
8
The Irish authorities have informed the Commissioner that
the Courts Service provides interpreters in all courts for
migrants and asylum seekers where English is not their first
language, that information leaflets are available in various
languages and that police is currently tendering for the
systematic supply of interpretation and translation services.
9
Legal aid today is based on the provisions of the Civil Legal
Aid Act 1995.
10
See report Access to Justice: A Right or a Privilege?, Free
Legal Advice Centres, 2005.
11
By the end of 2004 approximately 62,000 valid complaints
had been handled by the Office. In addition, the Ombudsman
deals with up to 10,000 queries from the public every year.
12
For details see under 2.5.
13
14
In 1991, the United Nations hosted a meeting in Paris
involving representatives of national human rights institutions
from around the world to develop a set of internationally
recognised principles concerning the status, powers and
functioning of national human rights institutions. These
principles have been endorsed by the U.N. General Assembly
(A/RES/48/134, 85th Plenary Meeting, 20 December 1993).
15
Section 11(4) of the Ombudsman for Children Act provides
that Where a Minister of the Government so requests in
writing the Ombudsman for Children shall not investigate, or
shall cease to investigate, an action specific in the request.
This provision is also contained in the Ombudsman Act 1980.
16
Among them are new Discipline Regulations (S.I. No. 214 of
2007) and Confidential Reporting of Corruption or Malpractice
Regulations (S.I.No. 168 of 2007). See also CPT report on its
visit to Ireland from 2 - 13 October 2006, CPT/Inf (2007)41 of
10 October 2007, and the Response of the Irish Government
to the report available at www.cpt.coe.int.
17
The new independent Garda Sochna Ombudsman
to deal with all police complaints in line with previous CPT
recommendations (see CPT/ Inf (2002) 36, paragraph 18).
GSOC received 1595 complaints in the period 9th May to 31st
October 2007 and a further 210 matters were referred to it
under Section 102(1) of the Garda Sochna Act 2005.
18
The families had set up a make-shift camp on a roundabout
on the M50, a major roadway, in June 2007. Most of them left
Ireland in July 2007.
19
Morgan/Kitching, An Evaluation of Lift Off, December 2006.
20
UN Handbook on National Human Rights Plans of Action
(2002).
21
Consistent poverty is defined as living in a household with
an income below 60% of the national median income and
experiencing enforced basic deprivation. Being at risk of
poverty is defined as living in a household with an income
below 60% of average disposable income after social transfers.
See From Rhetoric to Rights, Childrens Rights Alliance 2 nd
Shadow Report to the UN Committee on the Rights of the
Child, March 2006 p. 52. It should, nevertheless, be noted that
the 60% median income threshold in Ireland increased by
88% from 102.44 in 1997 to 192.74 in 2005.
22
For an overview see the study commissioned by the
Ombudsman for Children Obstacles to the realisation of
childrens rights in Ireland by Kilkelly, August 2007, p. 36.
23
The other issues were play and recreation, having a voice,
health, wealth and material wellbeing and education.
24
See the position paper on the proposed referendum The
Constitution and Children by the Childrens Rights Alliance,
January 2007.
25
For a detailed analysis also in the light of Irish case law see
Kilkelly/OMahony, The proposed Childrens Rights
Amendment: running to a stand still? (2007) 10(2) IJFL 19a.
26
Report to the Oireachtas on the Twenty-Eighth Amendment
of the Constitution Bill 2007, March 2007 and Submission to
the Joint Committee on the Constitutional Amendment on
Children, February 2008.
27
UN Committee on the Rights of the Child Concluding
Observations on Ireland, 29 September 2006,
CRC/C/IRL/CO/2.
28
That is information not derived from criminal court
proceedings.
29
The reports are available on the website of the Minister for
Children, www.omc.gov.ie.
30
For the UN definition and a general overview see the
Commissioners issue paper Children and corporal
punishment: The right not to be hit, also a childrens right
CommDH/Issue Paper (2006) 1 REV, January 2008.
31
The Children Act 2001 repealed only the statutory
confirmation of the common law defence, but that does not
render the defence in itself ineffective.
32
CRC/C/IRL/CO/2.
33
From Rhetoric to Rights, Childrens Rights Alliance 2nd
Child, March 2006, p. 37.
34
For details, see report of the Special Rapporteur on Children
Protection, Geoffrey Shannon, November 2007, p. 34 ff.
35
The campaign Building a Europe for and with children aims
at promoting childrens rights and protecting children from all
forms of violence, covering the social, legal, educational and
health dimensions relevant, for details see
www.coe.int/T/TransversalProjects/Children/.
36
See Appendix to Recommendation CM/Rec (2007) 9 of the
Committee of Ministers to member states on life projects for
unaccompanied migrant minors, 12 July 2007; the same
definition is used by the UN Committee on the Rights of the
Child - see under III of General Comment No. 6(2005) -
Treatment of unaccompanied and separated children outside
their country of origin, CRC/GC/2005/6. Irish law currently
defines separated children in a narrower way as a child
under the age of 18 years who has arrived either at the
frontiers of the State or has entered the State and is not in the
custody of any person.
37
Separated Children in Europe Programme (SCEP), Statement
of Good Practice, 2004, p. 2.
38
See study commissioned by the Ombudsman for Children
Obstacles to the realisation of childrens rights in Ireland by
Kilkelly, August 2007, p. 25.
39
In accordance with the Refugee Act 1996 and the Child Care
Act 1991.
40
The project is funded by the HSE, the Department of Justice,
Equality and Law Reform and the Department of Education and
Science.
41
The Irish authorities have informed the Commissioner that a
social or project worker is assigned to a separated child
through the asylum process who is obliged to act in the childs
best interest.
42
See the case of Mubilanzila Mayeka and Kaniki Mitunga v.
Belgium, judgment of 12 October 2006 appl. no. 13178/03, in
which a 5-year-old Congolese child remained at a Belgian
transit centre before being deported to Congo while her
mother was in Canada and her uncle, a Dutch citizen, lived in
the Netherlands (violation of Article 3).
43
See also UN Committee on the Rights of the Child, General
Comment No. 6 p. 9.
44
Ireland has, however, not yet ratified the UN Optional
Convention on the Rights of the Child on the sale of children,
child prostitution and pornography.
45
The bill is expected to be finalised by Parliament in March
2007. The Child Trafficking and Pornography Act 1998 already
provides for an offence of trafficking in children for the purpose
of sexual exploitation.
46
See the study commissioned by the Ombudsman for Children
Kilkelly, August 2007, p. 130 ff.
47
Ibid. For details see also A social portrait of children in
Ireland, Office for Social Inclusion, Dublin 2007, p. 30 ff.
48
ECRI, Third Report on Ireland adopted on 15 December
2006, CRI(2007)24.
49
Report of CPT on its visit to Ireland form 2-13 October 2006,
CPT/Inf (2007)40 of 10 October 2007. The CPT also notes that
the Mental Health Act 2001 actually contains a number of
provisions which the CPT has recommended previously.
50
This issue was also raised by staff of the Central Mental
Hospital in the course of the Commissioners visit, see also The
Irish Examiner, Department warned of flaw in law on
releases, 29 January 2008.
51
The Irish Examiner, Man remanded to prison after assault,
29 January 2008 and Nigerian man finally put in psychiatric
care, 30 January 2008.
52
Inquiry Report on Current Care and Treatment Practices in
the Central Mental Hospital 2006.
53
Annual Report 2006/07 of the Irish Prison Chaplains
submitted to the Minister for Justice, Equality, and Law
Reform, November 2007.
54
For details see From Rhetoric to Rights, Childrens Rights
Alliance 2nd Shadow Report to the UN Committee on the Rights
of the Child, March 2006 p. 46 ff.
55
Speech at the International Youth Mental Health Conference
in December 2007, available at www.oco.ie.
56
Violation of Article 51, case of D.G. v. Ireland, judgment of
16/05/2002 final on 16/08/2002. The minor suffered from
severe personality disorders and was at risk to himself and
others.
57
143 million for the development of children detention
schools, 104 million for the development of restorative justice
and alternatives to custody programmes, and 120 million for
Garda Youth Diversion Projects.
58
Part 5 of the Children Act 2001, as amended by the Criminal
Justice Act 2006. The Irish authorities have informed the
Commissioner that since 2000 there have been no cases
involving defendants under 12 years old before the Central
Criminal Court.
59
Section 96 of the Children Act 2001.
60
One of the principles being that Any measures shall have
due regard to the interests of any victim of their offending.
61
Some areas have few or no juvenile liaison officers, for
details see U. Kilkelly, Youth Justice in Ireland, Dublin 2006, p.
69 ff.
62
The Children Act 2001 as amended by the Criminal Justice
Act 2006.
63
See the Report of the CPT, which identifies several
shortcomings due mainly to a lack of adequate facilities and
skilled staff, on its visit to Ireland from 2-13 October 2006,
CPT/Inf (2007)40 of 10 October 2007; see also the Annual
Report 2006/07 of the Irish Prison Chaplains submitted to the
Minister for Justice, Equality, and Law Reform, November
2007.
64
2000/78/EC, 2000/43/EC.
65
According to the 2002 Census, there were 77,600 couples
cohabitating outside marriage, representing 8.4% of all family
units in Ireland. Of these families, 29,700 include children.
Although the legal distinction between non-marital and marital
children was for most purposes abolished by the Status of the
Children Act 1987, the Constitution still permits discrimination
against the non-marital family and, despite the Act, the
position of a non-marital parent is less secure, see in detail the
report of the Irish Human Rights Commission The Rights of
De Facto Couples, Walsh/Ryan, Dublin 2006, ch. 4.9 Duties
and Rights in Respect of Children p. 114 ff.
66
This compares to an average of 20.5 % in Europe, data from
Inter-Parliamentary Union.
67
Pay gap is defined as difference between mens and womens
average gross hourly earnings as a percentage of mens
average gross hourly earnings, Commission of the European
Communities, Report Equality between men and women
2008, p. 23.
68
Article 40.3.3, 8th Amendment to the Constitution.
69
Attorney General v. X [1992] 1 I.R.1.: the High Court
granted an injunction preventing a 14-year-old rape victim
from leaving Ireland to have an abortion in England. The
Supreme Court overturned the decision ruling that a
termination was permissible if there is a substantial risk to the
life, as distinct from the health, of the mother.
70
Figures from the United Kingdom Department of Health show
that over 5,000 Irish women have terminated pregnancies in
the U.K. each year.
71
The Health Service Executive as the responsible social
service had requested the Passport Office not to issue Miss D
with a passport and had written to the police to arrest her if
she attempted to leave the country. The High Court then ruled
that she could travel abroad for a termination in line with her
constitutionally protected right to travel.
72
Tysiac v. Poland judgment of 20 March 2007, application no.
5410/03, in which the European Court held that the Polish
abortion law was defective as it failed to provide for a timely
procedure for resolving controversies between the pregnant
woman and her doctors as to the availability of a therapeutic
abortion. The Court considered that this had created a
situation of prolonged uncertainty for the applicant.
73
Christine Goodwin v. UK, judgment of 11 July 2002, B. v.
France, judgment of 25 March 1992, L. v. Lithuania, judgment
of 11 September 2007.
74
Committee on the Elimination of Discrimination against
Women, Concluding comments on Ireland, thirty-third session,
CEDAW/C/IRL/4-5, 22 July 2005.
75
See Rape Crisis Network Ireland, Exploring the Justice Gap
in Rape Cases: RCNI Attrition Project, available at www.rcni.ie.
76
Third report on Ireland, adopted on 15 December 2006,
European Commission against Racism and Intolerance,
CRI(2007)24.
77
See the Annual Report 2006 and RAXEN data on racist
violence in Ireland available at the web-site of the
Fundamental Rights Agency. The Policing Plan 2006 gives the
figure for 2004 as 67.
78
Third report on Ireland, ECRI, CRI(2007)24 and Concluding
Observation of CERD: Ireland, 14/04/2005, CERD/C/IRL/CO/2.
79
Second Opinion on Ireland, adopted on 6 October 2006,
Advisory Committee on the Framework Convention for the
Protection of National Minorities, ACFC/OP/II(2006)007; Third
report on Ireland, adopted on 15 December 2006, European
Commission against Racism and Intolerance, CRI(2007)24.
80
The Irish authorities estimate that the number of Traveller
students in mainstream post-primary education has increased
from 961 in 1999/2000 to 2,229 in 2005/2006. The completion
of primary school is now estimated at 100 per cent.
81
Concluding Observations of CERD: Ireland, 14/04/2005,
CERD/C/IRL/CO/2; and Second Opinion on Ireland, adopted on
6 October 2006, Advisory Committee on the FCNM,
ACFC/OP/II(2006)007.
82
Council Directive 2004/83/EC, Council Regulation (EC) No.
2003/343, Council Regulation (EC) No 2725/2000, Council
Directive 2005/55/EC, and Council Directive 2004/38/EC.
83
Council Directive 2005/85/EC.
84
Council Directives 2003/9/EC and 2003/86/EC.
85
A previous version of the Bill was presented in April 2007.
Due to the numerous parliamentary steps to be taken, it can
be assumed that the bill will not be signed into law until late
2008.
86
Periods passed as an asylum-seeker or short-term student
will not be reckoned.
87
To return a person to a place where he or she could be
harmed.
88
UNHCRs Comments on the Immigration, Residence and
Protection Bill 2008, Dublin, March 2008.
89
Ibid.
90
CPT report on its visit to Ireland from 2 to 13 of October
2006, CPT Inf (2006) 40.
91
Section 9 (7) of the Refugee Act 1996.
92
Department of Justice, Equality and Law Reform Reception
and Integration Agency, Direct Provision Reception and
Accommodation Centre Services, Rules and Procedures, 29 th
September, 2005.
93
Reported by The Irish Times Health and safety risks exposed
in asylum centres", 31.10.2007.
94
See ECRI, Third Report on Ireland, adopted 15th December
2006.
95
This most comprehensive definition is used by the Irish
Human Rights Commission (IHRC) in their report
Extraordinary Rendition, A Review of Irelands Human Rights
Obligations, December 2007.
96
AS/Jur (2006) 16 Part II, p.13, 51.
97
IHRC, Extraordinary Rendition - A Review of Irelands
Human Rights Obligations, December 2007.
98
See the press release of the Department of Foreign Affairs,
11 December 2007.
https://wcd.coe.int/ViewDoc.jsp?p=&id=1283555&direct=true

leave Zappone isolated as
Cabinet left struggling
with Tusla crisis
Truth Treason in the Empire of Lies, cover up whitewash crimes
and corruption
Web of deceit at heart of Garda smear
probe
Niall O'Connor and Kevin Doyle
PUBLISHED
11/02/2017
2
In happier times: Justice Minister Frances Fitzgerald and Katherine
Zappone last year Photo: Niall Carson/PA Wire
The stability of the minority Government
has been thrown into serious doubt over its
disastrous handling of the Tusla scandal.
Fine Gael ministers have reacted with fury after it emerged

Children's Minister Katherine Zappone failed to inform
the Cabinet of the litany of blunders by the State's Child
and Family Agency.
Both Taoiseach Enda Kenny and Tnaiste Frances
Fitzgerald last night moved to distance themselves of any
blame - leaving the Independent minister isolated and
humiliated.
The revelation that Tusla circulated a file containing a
false allegation of child sexual abuse against garda
whistleblower Maurice McCabe has plunged the agency
into crisis.
A full investigation is now under way into how a
counsellor mistakenly "copy and pasted" allegations of
child molestation on to the McCabe file, which is believed
to have been seen by a number of garda.
2
2
Mr Justice Peter Charleton
But the ramifications of the scandal are now threatening
the future of the minority administration, with Fine Gael
ministers lining up yesterday to attack Ms Zappone.
Several ministers confirmed that Ms Zappone sat silently
as the terms of reference for the Commission of
Investigation into an alleged smear campaign against Sgt
McCabe were agreed at last Tuesday's Cabinet meeting.
She then travelled to the United States to visit relatives.
In a statement issued yesterday afternoon, Ms Zappone
defended her handling of the case, insisting she had
informed "relevant government colleagues" of the facts.
Her spokesman later declined to say who these individuals
were.
However, the Tnaiste was categorical last night that she
had no knowledge of the Tusla link to the alleged smear
campaign until it was reported in the media on Thursday.
"She of course did not inform me about any details in
relation to confidential Tusla records," Ms Fitzgerald said.
Earlier in the Dil on Thursday, she twice denied any
knowledge of a Tusla link.
A spokesperson for the Taoiseach said that he was also not
aware, although both admit knowing about the meeting
between Ms Zappone and Sgt McCabe - the country's most
high-profile whisteblower - in advance.
The meeting, which was requested by Sgt McCabe's wife
Lorraine, took place on January 25.
At that meeting Sgt McCabe outlined to the minister
Tusla's handling of the case but Ms Zappone did not alert
the Justice Minister, who was at the time studying the
review of two protected disclosures made in relation to Sgt
McCabe's case.
Well-placed sources told the Irish Independent last night
that the Tusla files on Sgt McCabe would have quickly
emerged during the course of Mr Justice Peter Charleton's
investigation - but accepted it would have been better if
the Justice Minister knew in advance of setting the terms
of reference.
Opposition parties were yesterday accusing Ms Fitzgerald
of misleading the Dil when she said she had no
knowledge of State agencies outside of An Garda Sochna
being linked to the alleged smear campaign.
However, sources close to the Tnaiste last night said her
Dil statement was completely accurate at the time and
she had done "absolutely nothing wrong".
Senior Fine Gael figures lashed out at Ms Zappone, with
several ministers accusing her of effectively blindsiding
the Justice Minister.
Several TDs also said they believed the saga had moved
the administration closer to collapse. Fianna Fil
described the situation as "crazy" and said Ms Zappone's
credibility was now "at risk". But Michel Martin's party
has decided to adopt a 'wait and see' approach.
The Cabinet will meet on Tuesday to discuss expanding
the terms of reference to include the Tusla link.
http://www.independent.ie/irish-news/taoiseach-and-tnaiste-leave-
zappone-isolated-as-cabinet-left-struggling-with-tusla-crisis-
35441776.html
Zappone: I won't reveal

identities of 'relevant
government colleagues'
Children's Minister under fire as Tusla
controversy escalates
Niall O'Connor and Laura Larkin
PUBLISHED
10/02/2017

3
Children's Minister Katherine Zappone has
said she will not reveal the identities of the
"government colleagues" with whom she
said she discussed the shocking blunder by
Tusla regarding garda whistleblower
Maurice McCabe.
Ms Zappone has been under mounting pressure over

whether she properly informed the Cabinet of the "copy
and paste" blunder by the State's child and family agency.
Ms Zappone said she became aware of the circumstances
surrounding Tusla after being contacted by Mrs McCabe
on January 18. She said she then met the couple a week
later.
In a statement this afternoon, Ms Zappone insisted she
informed relevant Government colleagues in the period
since the meeting with the McCabe family.
"Minister Zappone has met with Mrs Lorraine McCabe
and Sgt Maurice McCabe. She has heard first hand of the
devastation caused to them by the false allegations against
Sgt Maurice McCabe, the statement reads.
Since then her office has been in regular contact with Mrs
and Sgt McCabe and Tusla - which has led to the offer of a
public apology.
The Secretary General of the Department of Children and
Youth Affairs held a meeting with Senior Tusla Personnel
on Friday January 27.
Tusla provided DCYA with a chronology and analysis of
the case - which my Department gave to Mrs and Sgt
McCabe on Saturday 28th January.
She does not state who these "relevant colleagues" are and
whether they are members of Cabinet. The statement does
not say whether she passed on this information to
Taoiseach Enda Kenny or Justice Minister Frances
Fitzgerald.
This evening, the minister's spokesperson refused to
divulge the names and refused to say whether these
individuals were members of Cabinet.
"We are not deviating from our statement." the
spokesperson said.
Senior Fine Gael sources say it would be "incredible" if Ms
Zappone had not discussed the issue with Tnaiste and
Justice Minister Frances Fitzgerald.
Ms Fitzgerald told the Dil yesterday that she was unaware
of any other state agencies being linked to the growing
controversy.
The statement added that Tusla informed the Secretary
General of the department that the issue is now under
review.
Tusla informed the Secretary General that they have
instituted a case review to extrapolate all relevant
information in order to provide a more detailed analysis.
"Minister Zappone informed relevant Government
colleagues during the course of this period.
"Minister Zappone was always of the view that Tusla
would form part of the investigation by the Commission of
Inquiry.
Earlier, the chief executive of Tusla refuted any inference
that Tusla was involved in any sort of collusion with gardai
in relation to mistaken and false allegations which were
linked to whistleblower Maurice McCabe.
Fred McBride, speaking on RTE News at One, said that he
"absolutely refuted any suggestion there was collusion
between Tusla and the gardai".
A PrimeTime investigation on Thursday revealed that a
mistaken allegation of digital rape of a child was linked to
garda whistleblower Maurice McCabe due to a 'clerical
error'.
Mr McBride said "there is no doubt that mistakes have
been made" and a full review of what occurred will take
place.
Mr McBride said he had issued a letter of apology to the
McCabes today and has offered to meet the family
personally to apologise in person if necessary.
He said the reason for the delay is that he wanted the
apology to come from him personally and he wanted to
know the detail of what had occured.
Tusla have a responsibility to ensure that all information
was investigated Mr McBride said.
"If that information turns out to be inaccurate and that
was the case here... it is incumbent on us to correct that
information as quickly as possible and that's where
mistakes were made," he said.
Mr McBride said he escalated the matter to the
Department of Children and Youth Affairs "within days".
http://www.independent.ie/irish-news/zappone-i-wont-reveal-
identities-of-relevant-government-colleagues-35440339.html
Garda convicted of
assaulting two women in
dispute over 15 payment
for lift home
Verdict will have 'devastating
consequences' for man who survived
US shooting
Ralph Riegel Twitter

EMAIL
PUBLISHED
11/02/2017
1
Garda Brian Hanrahan outside Nenagh District Court yesterday
Photo: Liam Burke
A Garda who survived a holiday shooting in
the US was convicted of assault causing
harm to two young women in a row over a
15 fee for a lift home.
Garda Brian Hanrahan (34) had vehemently denied before
Nenagh District Court that he punched the two women in
an unprovoked attack near an isolated Tipperary cemetery
last year.
However, Judge Elizabeth MacGrath convicted the young
Newcastle West-based garda of assault causing harm.
"Having studied the evidence very carefully... the court is
satisfied that Mr Hanrahan is guilty of the two charges,"
she said.
Judge MacGrath noted that an independent witness, a
security guard driving home, had seen a man holding a
woman by her hair near Lisboney cemetery.
Judge MacGrath noted inconsistencies in Hanrahan's
evidence, including his initial claim in a 999 call made
from the scene, that he had been confronted by some six
or eight people.
"I have found that Mr Hanrahan's account on the night in
the 999 call was not accurate," she said.
Judge MacGrath also noted that, in his 999 call, Hanrahan
said those confronting him were "a f***ing crowd of
psychopaths".
When Judge MacGrath convicted him of the two assaults,
Hanrahan bowed his head.
The young women assaulted, Aisling King and Emer Kelly,
began crying.
Judge MacGrath adjourned sentencing until April 27 to
allow probation and psychological reports to be prepared.
"The attitude (of Hanrahan) on the night ... and other
issues ... does give rise to concern," she said.
Judge MacGrath noted that the garda had been mugged,
shot and seriously injured while he was on holiday in New
Orleans in the US in 2015.
Daniel O'Gorman, solicitor for Hanrahan, said the
convictions would have "devastating consequences" for the
young garda.
Hanrahan is a married father of two whose children are
aged just six months and three years.
Ms Kelly and Ms King had sobbed while giving evidence
about the assaults, which occurred when they had asked
the young garda for a promised 15 payment for a lift
home.
Read more: Garda shot on holidays convicted of
assaulting two women on night out
In victim impact statements, they said that they had
always respected garda but, after the assaults, they were
now afraid.
"I couldn't believe that a guard could do this to me.
"The garda are meant to be there to help you," Ms Kelly
said.
Hanrahan, who was off duty at the time of the incident last
March, insisted he only acted in self-defence after he
claimed one of the young women "launched herself" at him
in a row over the lift fee.
Michelle O'Connell, for the State, said garda became
aware of an incident in Nenagh at around 4am on March
6.
Ms Kelly was in Nenagh with her friends Aisling King and
Ellen Nyhill in her new car.
Hanrahan had been out socialising, and then approached
them and agreed to pay 15 for a lift.
"He was rude. He said that Nenagh was full of scumbags,"
Ms Kelly said.
The women asked Hanrahan to get out of their car at
Lisboney cemetery.
"Aisling went to drive off but I said I will ask him for the
money," Ms Kelly said.
"He pulled my hair and beat me to the ground."
http://www.independent.ie/irish-news/courts/garda-convicted-of-
assaulting-two-women-in-dispute-over-15-payment-for-lift-home-
35441741.html

'knew about Zappone's
meeting with
whistleblower - but did
not know about Tusla
blunder'
'Zappone of course did not inform me
about any details in relation to
confidential Tusla records' - Tnaiste
PUBLISHED
10/02/2017
Taoiseach Enda Kenny and Tnaiste Frances Fitzgerald Picture:

Collins
The Taoiseach and Tnaiste knew about a
meeting between Childrens Minister
Katherine Zappone and garda whistleblower
Maurice McCabe but insist they were not
aware that Tusla held an inaccurate file on
Sgt McCabe.
In a statement this evening, Tnaiste Frances Fitzgerald
said she knew that her colleague, Childrens Minister
Katherine Zappone, planned to meet with Mr McCabe
but added: She of course did not inform me about any
details in relation to confidential Tusla records.
It came after Ms Zappone issued a statement stating she
informed relevant Government colleagues of the copy
and paste blunder involving Sergeant McCabe.
The minister, who is currently in the United States, has
refused to say who those government colleagues are.
Ms Fitzgerald has now said that she was informed me in
January that Ms Zappone intended to meet with Sgt
McCabe.

She of course did not inform me about any details in
relation to confidential Tusla records, Ms Fitzgerald said.
An inquiry is being set up by the Government into an
Whistleblower Maurice McCabe outside Leinster House in 2014

Photo: Tom Burke
The Terms of Reference of the proposed Commission put
before the Oireachtas by me refer specifically to a
whether this allegation was used against him, the
Tnaiste said.
I have always been scrupulous to avoid any comment in
the Dil on what was at issue in the criminal complaint
against Sgt. McCabe, referred to in the terms of reference.
Sergeant Maurice McCabe Photo: Tom Burke
Had I put into the public domain anything which
indicated or implied the nature of the complaint against
Sgt McCabe I would be rightly open to criticism, the
Tnaiste said.
She added: At the heart of the issues to be examined by
the Commission is whether senior Garda were involved in
a campaign to use information to damage Sgt McCabe.
I agreed to take on board amendments designed to put
beyond doubt that the examination of any smear campaign
would not be confined.
Fianna Fil TD John McGuinness spoke on RTE's Six One
News this evening and said a criminal investigation is
needed into how the Tusla file was created and by whom.
Mr McGuinness also said that Tusla's apology to Mr
McCabe was today delivered to his next door neighbour
and then passed on to the family.
Children's Minister Katherine Zappone is facing mounting calls to
explain her actions after being directly informed of the shocking
Tusla blunder surrounding Maurice McCabe in January.
Fine Gael ministers have today expressed their deep
surprise at why Ms Zappone did not formally inform
Cabinet of a meeting with Sgt McCabe and his wife in
January.
Ms Zappone, who is currently in the United States, has yet
to respond to the questions. Her spokesman has not
responded to requests for comment today.
Independent.ie has learned that in January, Sgt McCabe's
wife Lorraine contacted the office of Health Minister
Simon Harris and asked to speak to the minister about a
"Tusla issue".
Mr Harris's secretary informed Ms McCabe that Tusla falls
under the remit of the Department of Children.
A meeting then took place with minister Zappone, during
which the situation surrounding the file on the McCabe
family was outlined to the minister.
It's still not clear who in government Ms Zappone spoke
to.
Tanaiste and Justice Minister Frances Fitzgerald told the
Dail yesterday that she was unaware of any such
involvement by a state agency.
Labour TD and former Education Minister Jan O'Sullivan
is among those who have called for clarity about what
Cabinet knew about the controversy before drafting the
terms of the commission of investigation into an alleged
smear campaign against Maurice McCabe.
"I am also calling on Minister Zappone to immediately
provide clarity as to whether she briefed her Cabinet
colleagues on her knowledge of the TUSLA file on Maurice
McCabe. We have heard this morning that she was fully
aware of the details of the case at the end of January.
"If she did not bring this information to Cabinet, she
urgently needs to explain why she withheld such relevant
information from her Cabinet colleagues when they were
agreeing to the establishment of a commission of
investigation."
Political reaction to revelations on RTE's Prime Time that
a mistaken allegation of digital rape of a child was linked
to the garda whistleblower has been swift.
Health Minister Simon Harris has said the child and
family agency should apologise immediately and did not
need to wait for the commission of investigation into an
alleged smear campaign against Mr McCabe concludes.
"I think they should explain why an apology hasn't issued
to Sergeant McCabe, when it was clearly their intention to
do so," he added. "I think they should issue that apology
forthwith," he told Newstalk Breakfast.
Meanwhile, Fianna Fil's Dara Calleary said his stomach
churned as he watched the program on Thursday night.
He spoke on RTE's Morning Ireland and said the situation
was "absolutely incomprehensible"
The notion that a very serious report can be made on the
basis of a cut and paste job is absolutely incomprehensible
given the seriousness of the job TUSLA have to do on a
daily basis, he said.
Where are the checks and balances and have they
reviewed the processes in light of what has come out given
that they have done an investigation into this in January of
2017?
I think that TUSLA need to urgently answer their
appalling failings and how the situation arose. How
Maurice McCabe was not informed? How files were
opened on his children, including two adult children
without being informed? And why they haven't issued an
apology?
Also speaking on RTE this morning Labour Leader
Brendan Howlin said:
"It beggars believe that matters of such seriousness could
firstly have happened, that somebody could have the most
vile of accusations circulated about them by the state. That
is a possibility and we have to fully investigate that," he
said.
Tusla, which is responsible for the protection of children,
has said it is in the process of apologising to Mr McCabe.
http://www.independent.ie/irish-news/taoiseach-and-tnaiste-knew-
about-zappones-meeting-with-whistleblower-but-did-not-know-
about-tusla-blunder-35440910.html
John Wilson claims
Maurice McCabe
has been treated
criminally
By Denise Canavan -
10th February 2017
Former Garda and Whistleblower John Wilson on
the verge of tears, has described the treatment of
Maurice McCabe as the worst scandal in the history
of the Irish Republic. Speaking on this mornings Joe
Finnegan Show, Mr Wilson called for action and
accountability.
http://www.shannonside.ie/podcast/john-wilson-claims-maurice-
mccabe-criminally-treated/
Ah Noirin time to hang your clogs up The games are
coming to an end ...
Calls for Garda Commissioner to step aside

Mary Lou McDonald, Sinn Fin Deputy Leader, calls on Garda
Commissioner Nirn O'Sullivan to step aside
MARY LOU MCDONALD, SINN FIN DEPUTY LEADER, CALLS ...|BY STRATA3 -
HTTP://WWW.STRATA3.COM/
Ireland is without doubt the most corrupt country in the developed
world. People always say we need whistleblowers but when you see
the depths the system will go to in order to protect itself from
exposure then it's understandable why more don't come forward.
The most frightening thing for any parent is the thought of losing a
child. Imagine Tusla sending social workers around to your house as
a threat that you will lose your children if you don't keep your mouth
shut? The people involved come from the same stock as the devils
who sent little boys and girls off to industrial schools to be tortured
and raped by the religious orders, none of them were held to
account and the same evil is alive and well today. Is Tusla taking
over where the church left off?
In other countries, whistleblowing is recognised and
rewarded. Ireland, however, is different.
In almost every case - from An Garda Siochna to the
Army to the HSE - the outcome is reprisals against the
whistleblower of the most appalling nature,
Ireland never rewards

whistleblowers like Maurice
McCabe and me - it punishes
us
Ireland treats whistleblowers differently to most other countries as I
found out, writes Dr Tom Clontan.
February 11, 17
Tom Clonan
After initially being reported by Mick Clifford in the Irish
Examiner, Thursdays Prime Time report by Katie Hannon
gave the Irish public a shocking and deeply disturbing
insight into the torment and vilification endured by Irish
whistleblowers.
wrongdoing.
punished.

What happened to me

young life.
Irish style.
me.
http://www.thejournal.ie/readme/tom-clonan-whistleblowers-
3233836-Feb2017/?utm_source=twitter_self
Someone needs to be
jailed over McCabe
allegations Wilson
By Kevin McGillicuddy -
10th February 2017
A former Garda whistleblower claims that someone

needs to be jailed over false allegations of sexual
abuse leveled at Maurice McCabe.
It emerged this week that untrue allegations of sex
crimes were made against the Garda whistleblower
and passed on the child and family agency Tusla
Gardai were notified of the allegations, but Sergeant
McCabe was never informed.
The controversy surrounding the whistleblower
scandal has led to increasing calls for the Garda
Commissioner to step aside during investigations.
Opposition parties such as Sinn Fein and Labour say
Nirn OSullivans position as head of the force is
untenable.
John Wilson, was was previously a Garda stationed
in Mullingar, told the Joe Finnegan Show that the
false claims must result in someone being jailed
TREASON COVER UP WHITE WASH CRIMES FROM REFERENDUM
RIGGING, ELECTION RIGGING, EVEN GARDA CORRUPTION IN OUR
FORCES AND THIS PRICK COVERS IT UP.
Can anyone edit it Nirn O'Sullivans head?
The people I spoke to made it very clear that they didnt
report on the briefing against Maurice McCabe because
they sensed it was bullshit. And bullshit they first heard
years ago, But let me be really clear. Lots of people
working a journalists have known the police force was
spinning this shit for years. For. Years.So the fact we
mostly heard about it today? Well that means that lots of
people the people who fill newspapers and make news
TV ??? They all have been keeping their mouths shut.'
5 Things You Need
To Know About
Maurice McCabe
and Police
Corruption
In Ireland.
FEBRUARY 11, 2017 / SOUNDMIGRATION
.entry-meta
.entry-header
5 Things You Need to Ask About Maurice
McCabe and Police Corruption In Ireland.
1. The allegations that Maurice McCabe sexually
abused a child are a fabrication by the police
designed to assassinate his character. By
extension those allegations seek to undermine
his actions as whistle-blower around abuses of
power within An Garda Siochana.
So we need to ask:
Does the Irish police force have agents or allies
across state agencies in this case as state agency
set up precisely because of past failures to protect
children that are willing to make shit up to protect
public inquiry around abuses of power within the
police force.
Tusla has be able to disprove that idea. Its clear
that their internal processes of documenting
potential abuse cases have been utilised by the
Irish police force as a mean of smearing multiple
whistle-blowers.
How is it that a state agency that is meant to have
overall responsibility for child protection in Ireland
seem susceptible to the whims of a police force
acting in ways that are paranoid and outside the
control of any democratic oversight?
2. There is clear evidence that An Garda
Siochana systemically use black propaganda
organised and run from the highest levels of the
organisation- against its own officers who
speak out about failings and abuses within the
force.
In 2015, racist policing action meant that two Roma
children were taken forcibly from their families.
Someone within the police force helpfully briefed
journalists about the background to this. They saw
this was fucked up. Shortly after this the head
person of An Garda Siochana press office was
arrested and their phone seized. This was a police
officer held with high regard with many working
journalists.
Shortly after some cops, not official press officers,
started calling journalists saying Aw here we found
a bit of child porn on yer mans phone.
So lets be clear about this. People within the police

force starting openly smearing against a former
Garda press officer, calling journalists suggesting to
say the former head of Press had links to child
abuse. Precisely at the time that the new
Commissioner OSullivan and her husband sought
to make clear that a new regime was in town.
No one reported it at the time, probably cos they

knew it was bullshit. But also probably because they
knew how dirty the cops can get
But the actuality of that means that lots of

journalists knew that allegations of child abuse were
being thrown around against police officers, by
other police officer. This made clear that being
supportive of whistle-blowers comes at a cost to
working journalist. This tin pot dictator stuff. And
everyone from RTE down played along, quite simply
because they had to.
Sources close to me told me about the arrest of the

press officer and the seizing of the phone on the
weekend of that week. It was clear that this was an
attempted shutdown by OSullivan of all leaks
following the embarrassing racist policing that saw
two Roma children taken from their respective
families.
The new regime wanted to be watertight. What

wasnt clear then, but is now, is that allegations of
child abuse or paedophilia seem to have been an
adopted tactic indealing with disloyal officers within
the police force
Noirin Osullivan worked as head of operations
before becoming Commissioner. This is not a wet
behind the ears gig. That job entailed being on top
of all work that is being done in the name of the
organisation. OSullivan worked for years as a
policer fixer making the shit that needed to happen
happen.
She got the job of Commissioner against the advice
of police whistle-blowers who called for an outsider
to take the position simply because outsiders would
be able to tackle systemic corruption that existed
within the force.
The previous Commissioner had to jump ship that
grey space between pushed/untrusted/resign with
pension following a series of high profile scandals
that including spying on GSOC in Abbey Street,
(GSOC being the nominal oversight body of the
police force) and the illegal recording of phone calls
of arrestees with their solicitors. Pretty fucked up
shit.
Days into the jobs she installed her husband into a
role which included and still does oversight of all
evidence of allegations of abuse within the force.
At the time the new regime took power, some
journalists mumbled, Fine Fail and Fine Gael said
nothing and other police whistle-blowers stood
aghast as a new cabal, with a much tighter media
team, took over a force that remained substantially
unchanged.
The former head press officer of the cops was, from
his own testimony, ordered by the new Comissioner
and former operations manager, to continue
spreading smears to journalists about Maurice
McCabe and child sex abuse. He makes it clear that
it was part of his job ordered from the top to
discredit Maurice McCabe and fellow whistle-
blowers
And its clear after speaking to journalists across
print and TV, the guy is a decent person, briefing
and being honest about good and bad across the
force. And here in lies a more big questions.
How do you tell stories from within a police forces if
you dont access to them?
Everybody know Paul Williams is an extension of
the top police hierarchy. They say. He tells.
Heres the rub. We need whistle-blowing cops. And
we need newsrooms that support journalists to tell
the story. Thats a really centrist, liberal demand.
There is nothing radical in that, except that it is
radical in Ireland
Not all people who are cops and talking to
journalists are propagandists and smearers.
Its clears what we have here a lot of decent human
beings who may or may not be right wing in their
view of the world and signed up to a police force
with the desire to do good being screwed over in
the most horrible of ways.
3 Many journalists working in Ireland have been
long aware of black propaganda being run by
An Garda Siochana. The national broadcaster,
RTE, is listed in the terms of references of the
lastes in a series of unending investigation of
police abuses. This arises from Paul Reynolds
being briefed about an another unreleased
report there he parroted Garda spin slating
Maurice McCabe.
The RTE broadcast Primetime that carried the story
of Tusla being used by the police force is also the
RTE that worked hand in glove with police smearing
of Maurice McCabe. The state broadcaster needs to
take responsibility for being promoters of police spin
regardless of the Primetime show.
And this is the rub. People folks like you and me
have already decided that RTE and other national
media platforms are not our friends. But its also true
thay we dont have our own ell resourced institutions
of investigation and research. We dont have major
media space made to interrogate common themes
and common sense.
Newrooms or printrooms. for the most part dont
give a fuck. And that cannot be underestimated in
how abuses of power reproduce themselves.
. Then you put into the mix that the police forces
can organise it so that it looks you might be a pedo.
Quite strong unsavoury forces, even for the most
curious of investigators. So we should genuinely tip
our collective hats to working journalists pursuing
this.
But lets go again.
Journalists were contacted by the police and told
about what we now know to be false allegations
against Maurice McCabe. As far as I can find, the
only journalist in the country to repeat those
allegations albeit without naming McCabe is the
police mouthpiece Paul Williams.
The people I spoke to made it very clear that they
didnt report on the briefing against Maurice
McCabe because they sensed it was bullshit. And
bullshit there first heard years ago, But let me be
really clear. Lots of people working a journalists
have known the police force was spinning this shit
for years.
For. Years.
So the fact we mostly heard about it today? Well
that means that lots of people the people who fill
newspapers and make news TV ??? They all
have been keeping their mouths shut
4. Noirin OSullivan took position as head of the
police after a period of turmoil where it was
suggested that the force was spying on GSOC
a nominal oversight body and it was revealed
that the force had for years been illegally
recording conversations between people
arrested and their solicitors.
In that mix of things that the time, in something that
still has not been resolved properly, we found out
that the cops have been using ISMI catchers
without any regulatory oversight. These are tools of
mass surveillance that capture metadata from all of
the thousands of phones in the area at at any
particular time. This was and could be still for all
we know right now active police spying on a
general public without even the suggestion of any
democratic oversight.
5 The evidence before us now suggest that an
officer in An Garda Siochana used their own
child to fabricate a smear of child sex abuse
against Maurice McCabe. That is perhaps one of
the most grim sentences a person could write.
You need a pause there dont ya.
A police officer convinced or forced his own kid to
be part of a complaint to Tusla abuse simply so that
officer could attack McCabe.
The rationale? McCabe reported police abuses by
this officer and his complaints were upheld.
So thats some scummy shit. A cop, who internal
complaints were upheld against, sought to take
revenge using his own child. Actually. What. The.
Fuck.???
Whats compounds that is that is the hierarchy of
the police and most of the force and silent
journalists backed that scumbag rather than
Maurice McCabe.
You dont get more more authoritarian than that.
You can laugh or feel scared about Trump. But our
own police force leaders? They are out of control.
And the real gig is how do we as people push
back against that.
Fintan O'Toole: The
smearing of Maurice
McCabe is either appalling
or chilling
The explanation for the false file on Garda whistleblower
Maurice McCabe defies belief
about 10 hours ago Updated: about 3 hours ago
Fintan O'Toole
Sgt Maurice McCabe: The unavoidable question is whether there was

collusion to smear McCabe between some person or persons in the Garda
and some person or persons at Tusla. Photograph: Cyril Byrne
There are two ways of looking at what we know about the
smearing of Maurice McCabe: a benign scenario and a
malign scenario. The benign interpretation is appalling.
The malign interpretation is chilling.
In one case, we are dealing with a cock-up of frightening
proportions. In the other, we are dealing with a
conspiracy that threatens the fundamental rights of
every citizen of the State.
At best, we have a child protection system whose
integrity has been undermined by astonishing
incompetence.
At worst, we have a situation in which the two State
agencies with the greatest power to destroy the lives and
reputations of citizens have gone rogue.
Either way, it ought to be clear this is a scandal of
immense gravity and import. It demands a response far
beyond the setting-up of a commission of inquiry which
has no powers to impose any sanctions on anybody.
Nothing less than a full-scale criminal investigation is
required. Our problem is that, since An Garda Sochna
credible only if it is led by officers from outside the State.
The benign scenario might be summed up in the title of
the childrens horror fiction series A Series of
Unfortunate Events. If it were fictional, however, it
would be unpublishable. It relies on coincidences so
extreme as to strain the credulity of the least-demanding
reader.
This benign story yokes together two wildly disparate
elements. The first is Maurice McCabe being a problem
for the State. He is a good cop who becomes a pain in the
neck because he cant just keep his head down and
ignore the laziness, incompetence and fecklessness of
some of his colleagues.
Routine abuse
He sees the routine abuse of the PULSE system and of
the penalty points system which is supposed to save lives
by stopping carnage on the roads.
McCabe becomes a threat, not just because of his
allegations but because his superiors at very high levels
in the force look into them and decide theres nothing
there.
Instead of being a set of very serious but essentially local
problems in Cavan, the dismissal of McCabes allegations
now raises questions about the integrity and competence
of some elements of senior Garda management. And that
in turn is a political question it spins outwards into the
Department of Justice, the Minister for Justice and
therefore the Government.
The HSE has said now taken responsibility for the admin
error which falsely accused Maurice McCabe of child sex
abuse.
The HSE has claimed garda and Tsla were notified of the
mistake in 2014 but the allegations were left on McCabe's
file until January 2016.
http://www.irishtimes.com/news/politics/fintan-o-toole-the-smearing-
of-maurice-mccabe-is-either-appalling-or-chilling-1.2971456
Tsla knew McCabe sex claims
were false but kept them on file
for two years, HSE claims
The HSE said it was one of its staff members not Tsla which made the
error relating to the McCabe allegation.
February 11, 17
THE HSE HAS this afternoon issued an apology to Sergeant

Maurice McCabe for thedistress caused over the
mishandling of a sexual abuse allegation wrongly made
against him.
In what has become an increasingly complex case, the HSE
said that it undertook an immediate review of internal
procedures once they realised an administrative error had
been made.
The HSE said in July 2013, there was an allegation of
retrospective abuse made against McCabe and that, in line
with process, the HSEs National Counselling Service
referred this allegation to Tsla.
A spokesperson said: The HSE wishes to confirm that there
was an administrative error made by a staff member of the
HSEs National Counselling Service (NCS) in the referral
made at that time. This administrative error was brought to
the attention of the National Counselling Service in May
2014.
Despite the HSE today claiming they contacted Tsla and
garda in 2014, the inaccurate sexual abuse claim remained
on Tslas file until at least January 2016 when a member of
its staff contacted McCabe with a view to interviewing him
to ascertain whether or not he was a threat to children.
The HSE said the National Counselling Service responded

immediately in May 2014 by bringing this error and a
corrected report to the attention of Tsla and an Garda
Sochna. It stressed that the National Counselling Service
would have had no further involvement in this matter once
the corrected report was provided to Tsla and garda.
Additional supervisory procedures were put in place in
relation to the staff member who made the administrative
error.
The spokesperson added: The HSE apologises unreservedly
to Mr McCabe and his family for the distress caused on foot
of this error. The HSE is making arrangements to offer this
apology formally to Mr McCabe as soon as possible.
Labour leader Brendan Howlin, who used Dil privilege to
highlight the McCabe case earlier this week, said a criminal
investigation is now needed to address the scandal.
However, Health Minister Simon Harris said on the
Saturday with Claire Byrne show on RTE Radio One that a
commission of investigation has already been set up and
that it should be allowed to do its job.
http://www.thejournal.ie/hse-maurice-mccabe-apology-smear-
3234572-Feb2017/?utm_source=facebook_short
This was not an administrative or a clerical error. It is fatuous to present
it as such. It was character assassination pure and simple.
Garda commissioner should have been sacked a long time ago. If the
government continues to refuse to act on this then they need to be
brought down too.
Just listened to minister Harris on RT if he thinks talking relentlessly
in a low counselling voice will get Government off the hook he can think
again.
This government is culpable and will be gone in short time as Michael
gathers his war counsel yet again out manoeuvred by SF seeking a
logical way of keeping Sullivan in her job.
Never voted SF and they be may peoples Trump but when our
establishment parties seek to pervert the our justice system its time for
a change of Trump proportions. Im no radical voter but time has come
for change
I dont trust the Garda Commissioner. I dont have any confidence in
her. She cannot be relied upon not to obstruct all or any inquiry process.
I will have no trust in the inquiry outcome if the commissioner remains
in position.
The cancer needs to be cut out of all official bodies. It needs to be done
now. Suspend everyone involved on full pay and get to the root of this by
a proper criminal investigation . Have hearted measures are not good
enough. Fobbing this off to a feeble inquiry is not good enough
Can anyone post a timeline to when this commission of inquiry was set
up with its full terms of reference.
Fitzgerald claims the first time she was informed of Tulsas role in the
Mc Cabe affair was in last ( Thursday) night media
Yet Zappone has always of the view that Tulsa would form part part of
the investigation by the Commission of inquiry
How and where did Zappone express this view, and to whom? Did
Fitzgerald accept terms of remit for the inquiry without even
questioning why Tulsa was even being mentioned or why they being
mentioned with this view. Did Fitzgerald not question why a juniot
minister held this view or why that Minister was becoming embroiled in
the MC Cabe????
These statements are not adding up!
Minister for Justice Frances Fitzgerald has said

there will be a Commission of Investigation
following the publication of the Guerin Report.
The report looked into allegations that serious
crimes were not investigated properly by
garda.
It found there is cause for concern as to the
adequacy of the investigations into complaints
by Sergeant Maurice McCabe and also for the
personal and professional consequences for
the whistleblower.
Ms Fitzgerald said the Government is taking
steps to remedy what she said are systemic
failings uncovered in the report.
Ms Fitzgerald said the Guerin Report is clear
that operational policies and procedures within
An Garda Sochna were inadequate in the
cases examined.
She said this included performance and
professional standards, consistency of
approach, recording and management, and
supervision of individual cases.
Ms Fitzgerald said the report raises
fundamental questions about the treatment
and response to victims of crime, which must
be addressed as a matter of priority.
She welcomed the fact that acting Garda
Commissioner Noirn O'Sullivan had recognised
the need for a sea change in the force and she
would be backing her in any changes she felt
necessary.
The minister said the process of reform was
already under way.
Ms Fitzgerald said she views with the utmost
gravity the concerns raised by Mr Guerin about
procedures for dealing with complaints in the
Department of Justice and she intends to
ensure that the issues raised are dealt with
comprehensively and robustly.
Asked if there might be resignations in her

department, she said if root and branch
changes were needed they would happen.
McCabe 'vindicated' after report's
publication
Sgt McCabe has said he feels vindicated after
the publication of the report.
He said a huge weight has been taken off his
shoulders and that of his family.
Sgt McCabe said he wanted to go on record as
the report has been issued.
He said he had not yet read all of the report,
but he believes that what he has read concurs
with what he has being saying about how his
allegations were handled by garda and the
Sgt McCabe also thanked Fianna Fil leader
Michel Martin for handing his dossier to the
Taosieach.
He said he is looking forward to co-operating
with the Commission of Investigation and that
his allegations are investigated.
Sgt McCabe said he can move on from today,
but he also noted that he is still restricted in
his use of the garda PULSE system.
Commissioner O'Sullivan has said garda will
cooperate fully with the Commission of
Investigation.
She said: "The report by Mr Sean Guerin SC is
detailed and extensive.
"I am currently studying it closely in
conjunction with my senior management team
to identify immediate actions that can be
taken as part of our process of change that is
currently under way."
However, there was no reference in her
statement to Sgt McCabe's access to the
PULSE system.
Kenny says terms will be established in
weeks
Taoiseach Enda Kenny has said the terms of
reference for the Commission of Investigation
will be finalised in the coming weeks.
Speaking in Co Galway this afternoon, Mr
Kenny said nobody was immune from being
brought before the law on issues of
criminality.
He said the recommendations and conclusions
in the report would now be considered by the
Government.
Mr Kenny said the structure and way in which
a Commission of Investigation would operate
would be considered in the coming weeks.
He described the setting up of a commission
as a "deep and far reaching process".
The Taoiseach said it was essential that the
way in which justice was administered was
dealt with as part of any part of garda reform.
Call for comprehensive commission of
investigation
The Guerin inquiry was established to examine
the actions taken by garda, the Department of
Justice, the Minister for Justice and any other
public body on the allegations by Sgt McCabe
of garda misconduct.
The report also states that An Garda Sochna
does not seem to have been able to hold heed
to the voice of a man held in high regard by
his immediate superiors.
It said a comprehensive commission of
investigation needs to be established to
investigate a number of incidents.
Disciplinary proceedings are recommended
against a probationer garda.
The report found the effectiveness of the
PULSE system should be reviewed.
In his conclusions, Mr Guerin said that in An
Garda Sochna "a critical voice is in danger of
being heard as a contrary voice".
"The paradigm of the whistleblower is an
unattractive one ... is seen as someone who is
not on the team," he said.
He said the challenge of "accommodating and
learning from legitimate criticism is always
going to be a difficult one, especially in a
disciplined force".
The report said the complaints made by Sgt
McCabe "all have their origin in what he
perceived to be a failure" of An Garda
Sochna in the Bailieboro district "to apply
itself with discipline and determination to the
investigation and prosecution of crime".
The report said it is beyond its scope to make
any determination of the complaints made by
Sgt McCabe.
However, it said the documents examined
"give cause to share the concern expressed in
them".
It said there is cause for concern as to the
adequacy of the investigations that have taken
place into Sgt McCabe's complaints and
whether "all appropriate steps" have been
taken.
Mr Guerin said Sgt McCabe co-operated with
the review in an "unfailingly courteous and
obliging manner".
Mr Guerin said he interviewed the sergeant on
four separate occasions, totalling just under 19
hours.
He said Sgt McCabe made himself available
upon request and freely and openly discussed
the matters that were the subject of the
review.
He said Sgt McCabe's complaint about his
experience within the An Garda Sochna since
making his complaints calls for examination.
Mr Guerin said this is beyond the scope of his
terms of reference, but said extensive
documentation he has seen, which was given
to then minister for justice Alan Shatter by Sgt
McCabe's solicitors in September 2012,
expresses Sgt McCabe's concerns and needs
to be examined.
The report notes no malice on the part of Sgt
McCabe in the making of his various
complaints, as noted in the Byrne-McGinn
report.
Mr Guerin said the time he has spent with Sgt
McCabe leads him to "no different conclusion".
He said it would be better to get the testimony
of the men and women who worked with Sgt
McCabe in the years before he made the
complaints.
The report concluded that Mr Shatter did not
heed the voice of Sgt McCabe despite the high
esteem in which he was held.
Mr Guerin said that was despite the minister
having specific statutory powers in the area of
complaints from members.
Mr Guerin said there was a "near total
absence" in the papers he had examined of
written records of submissions made, or advice
given, to the minister by his officials.
He said he had seen no written internal
records of decisions made by the minister.
Mr Guerin said the approach adopted "had the
result that there was no independent
investigation" of Sgt McCabe's complaints.
He concluded that the absence of written
records was a "matter of some concern",
saying it appeared that the minister had acted
"on foot of advice received by the
commissioner", without that advice being
questioned or analysed.
Guerin regrets lack of documentation
from GSOC
Mr Guerin has said it was unfortunate that he
received no documentation from the Garda
Sochna Ombudsman Commission.
In his introductory comments to the report, Mr
Guerin said that Simon O'Brien from GSOC
wrote to him on 13 March to indicate that the
gathering of the relevant material was under
way as a priority.
However, on 23 April, Mr Guerin received a
letter from solicitors on behalf of GSOC raising
"various preliminary legal and practical issues"
that he said might usefully have been raised at
an earlier stage.
Mr Guerin said he does not understand why
the obstacles to seeing them were first
identified to him in correspondence delivered
shortly before close of business on the eve of
the date upon which the report was due.
He said the lack of documents from GSOC has
been an obstacle to any assessment as part of
the review of the adequacy of the
investigations conducted by GSOC.
He did say however, that it did not interfere
with the other work of the review.
GSOC said this evening that it had gathered a
good deal of documentation for the Guerin
review, but felt it necessary to seek
assurances about its use.
It said it was regrettable the review did not see
its files.
"While we were aware of the tight timescale,
we were not aware of an exact fixed deadline
date," GSOC said.
GSOC said a complainant referred to in the
report currently has a case open with the
organisation.
It said that case was subject to an
investigation and a judicial review.
GSOC said it had wished to discuss this issue
with Mr Guerin before his report was
published.
Concern over Bailieboro Garda Station
The report makes a list of suggestions for
matters relating to Bailieboro Garda Station
that should be considered and examined
under the terms of reference of a commission
of investigation.
It calls firstly for an examination into "the
general conduct of policing at Bailieboro Garda
District in 2007/2008".
It also recommends an examination of:
- the management and operational structure
and resource allocation for Bailieboro garda
district to include:
- the number of probationary garda assigned
to Bailieboro district at the relevant times
- the number and experience of sergeants
available to supervise and monitor the
probationary garda
- the significance - if any - of the absence of an
inspector permanently allocated to Bailieboro
Garda Station
- the stability, continuity and experience
available at district officer level in Bailieboro
district at the relevant times
- the arrangements in operation for the
supervision and monitoring of probationary
garda in relation to their operational - and
specifically investigative duties
It also calls for the standard of accommodation
at Bailieboro Garda Station and its possible
impact on the policing function to be
considered.
Martin calls for discrete inquiry
Mr Martin this afternoon said the Guerin Report
recommendation that a Commission of
Investigation be held into the issues raised by
Sgt McCabe must be honoured.
Speaking on RT's News at One, Mr Martin said
a discrete inquiry into these specific areas
would be the correct course of action.
He said a long, unwieldy inquiry could result if
the terms of investigation were broadened.
Mr Martin said the report was a vindication of
Sgt McCabe.
He said the lesson to be learned was that no
matter how difficult and inconvenient it may
be for people in authority, they must listen.
Sinn Fin's justice spokesperson called on the
Government and the acting Garda
Commissioner to immediately restore full
rights to Sgt McCabe.
Pdraig Mac Lochlainn told RT's News at One
Sgt McCabe still did not have access to the
PULSE system and he was the subject of
ongoing harassment and bullying.
Mr Mac Lochlainn said he asked Sgt McCabe if
any senior garda officer had sought to help
him and protect him from harassment and Sgt
McCabe had answered "no".
Mr Mac Lochlainn said the Guerin Report was a
vindication of Sgt McCabe.
Sinn Fin leader Gerry Adams said the
behaviour of garda management outlined in
the report constituted a betrayal of the brave
men and women of the force. He called for
reform of the justice system.
Independent TD Clare Daly said there was a
need for a reconstituted garda force, where it
was unlikely there would be a place for many
of the current senior management.
Wilson calls for transparency
Garda whistleblower John Wilson has said the
Guerin Report highlights the need for a new
era of transparency and accountability in An
Garda Sochna.
He said the vast majority of garda are decent
hard-working individuals who carry out their
duty in the most difficult and dangerous
circumstances.
He said the Government owes it to them that
confidence be restored.
The retired garda said that Sgt McCabe is an
honourable police officer who is still being
denied access to the PULSE computer system
and is still being victimised and harassed.
He also said the interim Garda Commissioner
should "lift the phone and talk to him".
Minister for Transport Leo Varadkar has said
Alan Shatter took responsibility for the
mistakes of many people when he resigned.
Mr Varadkar said he did not think for one
second that Mr Shatter "was the bad guy in all
of this".
He said it seemed the trust he had placed in
garda management and GSOC, to carry out
investigations, seemed to have been
misplaced.
Speaking at the sod turning for the Gort-Tuam
motorway in Co Galway this afternoon, Mr
Varadkar said the Guerin Report created a
number of big questions for the Government.
He said a lot needed to be done to restore
public confidence in the justice system.
GRA says commission of inquiry will shed

light on allegations of garda misconduct
Maurice McCabe - allegations of
17/09/2014
A senior member of the Garda Representative
Association (GRA) says he will not "speculate" on
whether Maurice McCabe was right to bring allegations
of garda misconduct into the public domain.
The whistleblower's actions were vindicated in the
findings of a report by senior counsel Sen Guerin
published last May.
However the GRA is objecting to the delay in setting
up a commission of inquiry, which the Government
promised after the publication of the Guerin report
Cavan-based garda James Morrisroe, a member of the
GRA executive committee, says the inquiry would
bring more information to light.
"His (Guerin's) recommendations are that a
commission of inquiry be set up to look into the
allegations - and let's be clear about this: they're only
allegations at the minute, they're not facts," Gda
Morrisroe said.
When asked if he thought Maurice McCabe was right
to put these allegations in the public domain, he
replied: "Well that's for the commission of inquiry to
sort out - it's not for me to speculate on that".
http://www.breakingnews.ie/ireland/gra-says-commission-of-inquiry-
will-shed-light-on-allegations-of-garda-misconduct-642264.html
Sgt McCabe in
favour of external
criminal
investigation
Labour Party Leader Brendan Howlin has said

possible.
Investigation.
outside of Ireland, Mr Howlin said.
Sinn Fin calls for Fianna Fail to withdraw
support for Govt
Sinn Fin President Gerry Adams said his party will
crisis and "taking the public for fools" in the Sgt
McCabe controversy.
Belfast.
Gael-led Government is a Government without any
authority.
"It stumbles from crisis to crisis to crisis.
Zappone did not
brief Cabinet on
'confidential
information'
substance.
informed.
records".
whistleblower.

public domain.

Tusla.
Follow
Conor McMorrow


resignation
5:40 PM - 10 Feb 2017
step aside.
Howlin
this was the case.

Investigation.
the investigation.
Sinn Fin leader has called for
a General Election. The last
one was called 1yr and 1 week
ago
grows
Martina Devlin: Garda's
integrity on the line after
claims whistleblower was
demonised by his
superiors
Martina Devlin Twitter

EMAIL
PUBLISHED
11/02/2017

1
Whistleblower Garda Sergeant Maurice McCabe arriving for a
private session of the Dil Public Accounts Committee at Leinster
House in 2014 Photo: Tom Burke
Remember when An Garda Sochna was a
term used with widespread respect? When
Irish people were proud of their police force
for upholding its end of the bargain between
citizens and law-enforcers with honour?
:
Those days are gone. The respect is vanishing, the trust is
dented. As of this week, garda integrity hangs in the
balance.
If senior officers are found to have orchestrated a smear
campaign against whistleblower Maurice McCabe, as
claimed, then the credibility of the force will be
compromised. Only root-and-branch reform to make it fit
for purpose, as happened with the RUC, will restore its
reputation.
Hell hath no fury like a Guard ( of any rank ) with a greivence ! Why are
there no whistleblowers in the Army , Nursing , fire Brigades , Customs ,
Prison Officers , teachers Since the foundation of the State , Guards have
nursed grievances real or perceived , about promotions , being
disciplined, being transferred and many other 'perceived 'wrongs' .
Guards don't suddenly get a conscience about 'wrongdoing ' unless it's
triggered by something that manifests itself in the form of being treated
wrongly or unfairly in that persons eyes. There is a syndrome in the
Guards which presents itself as 'if I m wronged and 'going down ' I ll
bring everyone else down with me . While 'whistleblowing ' is a noble
thought or concept in theory , the 'whistleblower ' must be , like Caesar's
wife , above reproach . The media must therefore examine if the
whistleblower to paraphrase a well known politician 'was doing the State
some service 'because it was the noble and correct thing to do or is it
motivated by 'Guard with a grievence ' syndrome
Respect for the Guards like everybody else must be earned, never
shown.
They lost that respect when they held the country to ransom by
threatening to strike. And threatening peaceful water protesters on their
human basic rights and democracy,
They put themselves ahead of nurses who despite having a University
degree work harder and earn less.
The garda today are getting away with bullying, beaten up homeless,
illegal guarding evictions with sheriff which was never any gardas job
under article 40 of our constitution no Garda interference,
They demanded more than anybody else at a time when the country is
still borrowing to pay the for the day to day running the country.
Debt that will be repaid by by taxpayers there children and grand
children. At a time when the health service is in a state of crises.
The garda some are corrupt greedy selfish scum that dont respect the
irish tax payers who pay there wages, not the government us the irish
people the disrespect and beat up and throw them about because they
are protesting peacefully, but when the garda want to illegally protest
considering we are legally allowed to protest, but when the Garda
protest and they are breaking the law,
Two laws one for breaking and one for not dont make these two laws
right
They may say that their work puts them in danger, but they knew that
when they signed up.
Remember when An Garda Sochna was a term used with widespread
respect?"
That was before successive governments took them off the streets and
turned them in to their private police force and roadside revenue
collectors.
It's ironic that this has now become a national scandal. Fair play to the
whistleblowers.
The one thing not mentioned in this whole shameful episode is the
silence of the Assoc of Gda Sgts and Inspectors a group who are not
media shy when it comes to appearing on national television seeking
pay rises yet here is a fellow Gda Sgt and comrades comrade being put
through the wringer - their silence is deafening.
http://www.independent.ie/opinion/columnists/martina-
devlin/martina-devlin-gardas-integrity-on-the-line-after-claims-
whistleblower-was-demonised-by-his-superiors-35441684.html
Guerin Report on Garda Handling

Of Sergeant Maurice McCabes
Allegations
May 10, 2014
If you thought Sergeant Maurice McCabes
whistle-blowing was all about getting penalty
points looked after, think again. This is
about murders, beatings, sex assaults and
other investigations, all botched or worse by
the Gardai. Its about a man of principle,
victimised by the organisation he works for
simply because he told the truth.
The Guerin report systematically forges its
way through a series of complaints raised
by McCabe, and finds every one of them
credible enough to warrant a formal inquiry.
These are the same complaints that former
Commissioner Martin Callinan found, as he
put it, frankly disgusting.
Chapter by chapter, Guerin sketches out a
series of pictures ranging from horror to
farce.
8 A young woman dead because her killer
was freed on bail when Gardai failed to
provide a court with vital information.
8 An Assistant Commissioner wrestling with
McCabe in a hotel lounge for possession of
a box of documents.
A Garda approaching the victim of an
assault and negotiating payment of
compensation instead of prosecuting the
culprits.
8 Gardai unable to obtain video of an attack
in a pub even though it had been shown on
CCTV to a large audience.
8 Gardai losing a priests computer after
seizing it for technical examination on
suspicion of child pornography. Following
complaints by McCabe aganist a senior
officer, he himself was later subjected to
disciplinary procedures, even though he had
nothing to do with the case.
Professionals in a Monaghan town reluctant
to cooperate with any investigation for fear
of retaliation.
Gardai advising victims of crime to withdraw
complaints.
Garda falsifying entries in the operational
database to cover up malpractice.
Assault, false imprisonment, death threats,
intimidation. It goes on and on.
Finally, we have the unedifying spectacle of
the Garda Commissioner being invited by
the Minister to investigate complaints
against himself and giving himself a clean
bill of health. It was Alan Shatters casual
acceptance of Callinans hubris-filled reply,
combined with his own failure to
understand his legal obligations that finally
made it impossible for him to stay in the job.
Few people emerge well from this review,
apart from Maurice McCabe himself. Guerin
makes it clear that McCabe is a policeman
of the highest integrity who genuinely
believes in his role on behalf of the
community.
An Garda Sochna comes across as an
antiquated, hidebound relic, with attitudes
rooted in 1920s Ireland, and rigid
managerial structures that mask an almost
complete absence of real discipline. In
Guerins words, discipline is not merely the
absence of insubordination and in this 336-
page document, he shows us a force
without direction, without vision but also
without fear of consequences. We see
unprofessional local Gardai misusing their
positions to intimidate anyone who might
criticise them. We see a hierarchy utterly
blind to any suggestion of wrongdoing, in
the habit of setting up sham investigations
and completely resistant to what it sees as
interference.
What we see in this report is a deeply
dysfunctional police force, barely tolerant of
the government and the public it serves. We
see an organisation with a rigidly top-down
structure, impervious to change, suspicious
of everyone and aggressively resistant to
criticism. We see bumbling incompetence.
We see a club of people, many of whom
regard membership as a way to do favours
for their friends and to derive personal gain
for themselves.
Despite the outstanding example of Maurice
McCabe, what we do not see is widespread
professionalism, but as we speak, it has just
been announced that Maurice McCabes full
access to the Garda IT system has been
restored, thus confirming that all the
attempts to dismiss him as a troublemaker
was only so much guff and hot air.
Mar 21, 2014
The old nonsense wont wash any more. Its

not a problem with Monaghan or Cavan or
Donegal. Its a problem with the nature and
the structure of the organisation, and it
needs a proportionate response. Its about
time we had a complete reform of our
national police service and its about time all
the old dinosaurs were sent out to graze the
primeval forests they came from.
It wont be done without a struggle though.
Id hate to be a source close to Martin
Callinans dog right now.
Leo Varadkar Calls on Callinan to
Retract Disgusting Slur Against
Garda Whistle-Blowers
March 21, 2014
I bet Leo Varadkar was that annoying

toddler who tried to pull the chin-whiskers of
elderly aunties, but its hard not to like his
bull-in-a-china-shop indifference to other
peoples sensitivities. When he came
straight out and called Martin Callinan on his
bullshit, Varadkar was only saying what
everyone else in the country thinks. Come
off it, Martin.
Who believes Callinan when he says that

his disgusting comment was about
inappropriate access to confidential
information?
I dont.
Trying to justify his comments, this is what
Martin Callinan said:
I want to clarify that my use of that term was
not in reference to the character of either
Sgt McCabe or former Garda Wilson, but
the manner in which personal and sensitive
data was inappropriately appearing in the
public domain without regard to due process
and fair procedures.
What I heard when the Garda
Commissioner addressed the Public
Accounts Committee was something quite
different. I heard him saying that, of thirteen
thousand Gardai, only two whistle-blowers
were making allegations of corruption and
malpractice, and he found it disgusting.
Dont take my word for it. Judge for yourself
what you think Martin Callinan said.
Mar 21, 2014
Here is the head of our national police force

which, unfortunately, is also the national
security agency, attempting to rubbish
suggestions of malpractice in his force. This
is the same police chief who dismissed out
of hand the critical findings of a High Court
judge, Peter Smithwick, with a bland
soundbite: this is not the force I lead.
Callinans pugnacious defence of the force
he leads might have been laudable in an
earlier era, but not today, and especially not
in the wake of a report from another High
Court judge, Fred Morris, who absolutely
excoriated the force for its systemic
corruption. After seven years, no action has
been taken on foot of the Morris Tribunals
findings.
Of course, this has always been a society
based on the nod and the wink, and whether
Martin Callinan would acknowledge it or not,
he is as much a product of our nod-and-wink
culture as anyone else. Who hasnt been
friendly with a Garda willing to get a
summons squared or a ticket fixed? Well,
the answer is that plenty of people arent in
that fortunate position, but theyd be the
people who dont matter anyway. The poor,
the unimportant, the weakest.
For the rest of society, as often as not, it has
always been possible to get minor charges
fixed, depending on your relationship with
the right people in our police force who,
incidentally, need not be at a senior level. In
a monastic organisation such as an Garda
Sochna, everyone is equal. Templemore
stays in the blood long after youve hopped
on the last train out of it.
Its ironic that Sergeant Maurice McCabes
access to the PULSE system is strictly
limited given the fact that other more junior
Gardai routinely plug their USB sticks into it
and download information that can, at best,
be described as gossip about unconvicted
citizens. Its doubly ironic, in an age of
viruses and trojans, that those Gardais
laptops could easily be used by their
children to access the web, to interact on
Facebook, Twitter, Snapchat or a dozen less
reputable networks and therefore that
confidential PULSE data is vulnerable to
hacking by anyone wishing to read it.
Some IT technicians have suggested that
the simplest way to access the PULSE
system is to turn up at a Garda station with
an aluminium case, catch the eye of the
Garda at the desk and point to the door. I
believe them. Thats how Ireland works,
unfortunately, and yet a decent Garda is
only permitted to access the system under
strict supervision, because he tried to
expose corruption.
Its good that Leo Varadkar rejected the
disgusting slur on two honourable
policemen, and called on the Garda
commissioner to retract it. Its good that
Joan Burton agreed with him. Its good that
Pat Rabbitte, however equivocally,
supported the call to vindicate the
whistleblowers. Its also good that Willie
ODea, of all people, called on the
commissioner to stop digging when hes in a
hole.
This is Ireland, however, and thats why I
have no confidence that Callinan will do
anything other than reinforce his bunker.
In this land, we dont retract and we dont
resign, even when weve lost the confidence
of half the cabinet and all of the people.
Martin Callinan Decommissions
Himself
Posted by Bock on March 25, 2014
I dont know why it comes as such a shock
to everyone that Martin Callinan has
resigned as Garda Commissioner. His
goose was cooked from the second he
uttered the word disgusting to the Dil
Public Accounts Committee, and his feeble
efforts to clarify what he said only made
matters worse. Besides that, his casual
dismissal of the Smithwick inquirys findings
marked him as a man who valued blind
loyalty to the Force above all else.
As if that wasnt enough, his failure to
cooperate fully with the Garda
Ombudsmans office and his blind rejection
of the possibility that gardai might have
been involved in the GSOC bugging
betrayed his origins as a dyed-in-the-wool
Templemore Guard.
Martin Callinan, like all Commissioners,
comes from deep within the Garda culture,
an organisation that displays many
characteristics of a secret society within a
society. He started at the age of 19, spent a
little while being indoctrinated in the
monastic environment of the garda training
college, and then went on the beat before
working his way up through the ranks, as did
all his predecessors. As did his deputy. As
did the Assistant Commissioners. As did, in
fact, everyone from sergeant up.
Things have changed a little in recent years,

with graduate recruitment, but its still too
early for those changes to have a significant
impact. The entire senior structure of an
Garda Sochna is drawn from a very
narrow and limited slice of humanity, with its
own fixed beliefs and mythologies. No
doubt there are individuals of exceptional
ability among them I could mention a few
names but such an incestuous
promotional structure cant be a healthy
model for any organisation. The only other
similar structures in the country are the
Catholic clergy and organised criminals.
Weve seen time and again how rigid and
inflexible the Garda management mindset
is. By the very nature of the way senior staff
are appointed, the force is inevitably stuck
two or three decades in the past. Its very
telling that no member of an Garda
Sochna made it onto the shortlist for
appointment as PSNI chief constable. They
werent up to scratch.
This would be a good time to cast the net
wide in the search for a replacement.
Ideally, the successful candidate wouldnt be
two or three years away from retirement, as
most commissioners have been . With luck,
the new appointee would have a broad and
varied experience of business, policing and
management. Perhaps it wouldnt be too
much to ask for a Commissioner who places
a value on openness, and the ability to
communicate in plain English. And maybe it
would be a good thing to appoint an
individual with a wide and varied range of
personal interests and accomplishments.
The force, through its own inability to cope
with criticism, has left itself open to radical
change. There will be a police oversight
body of some kind. The Ombudsman will
have far greater powers. There will be
accountability. The last thing the guards
need now is an apparatchik with a siege
mentality and an obsession with secrecy, but
even more than that, its the last thing the
country needs.
Are you as baffled as I am by all this stuff
about who knew what and when, who first
called and what letters went to what
ministers?
Normally, when I find myself completely
stumped, theres a good reason and yes, I
know what youre going to say: that could be
because Im completely stupid. It could
indeed, or it could be because the whole
thing is bullshit.
Why does it matter what Callinan told
Shatter or what Kenny kept to himself?
What difference does it make when Mire
Whelan knew about the taping of prisoners
phone conversations in police stations? How
does it help if Shatter resigns?
Our national police force, An Garda
Sochna, is shown to be utterly
dysfunctional, yet people are still arguing
about personalities, as if that made the
slightest difference. In the 21st century, we
struggle with a policing structure that owes
its origins to the early 19th century, a rigid,
authoritarian edifice in which dissent is
discouraged and original thinking
considered subversive.
Is it any wonder that rigid, authoritarian
people would rise to the top of such an
organisation?
And yet, An Garda Sochna is only a
microcosm of Ireland as a whole, a product
of our educational system, our social
structures and our national inability to admit
we might ever be mistaken. When the latest
OECD international survey shows that Irish
teenagers are no better than average at
problem-solving, we need to start asking
ourselves what has gone wrong, not only
with our national police force, but with the
entire country.
Unless we can teach our children critical
thinking at a very early age, were doomed
to repeat the cycles of incompetent disaster
that have characterised our new nation.
The days of accepting rigid beliefs and
repeating them by rote are over. The days
when we think theres some shame in being
wrong are over.
Successful people rejoice in being wrong
because it makes them stronger the next
time, but here in Ireland, we have a fear
drummed into us, the fear of originality. The
fear of admitting we made a mistake.
The ability to acknowledge mistakes without
recrimination is what has made some
countries and some corporations extremely
powerful. It means that individuals arent
afraid of taking a chance, because nobody
will blame them if they were wrong.
Unless we learn this sort of thinking, we
have no hope. Unless we rebuild
institutions like An Garda Sochna from the
ground up, were condemned to repeat
forever Flann OBriens recurring, prophetic
nightmare of The Third Policeman.
[UPDATE] It now turns out that Callinan
resigned because of revelations that the
Gardai had been trampling on suspects
rights for decades.
Alan Shatter Resigns

May 7, 2014
Alan Shatter isnt the bonniest baby you
ever saw, but hes gone out with the
bathwater all the same in the wake of the
hairy baby, Martin Callinan, and that other
melancholy baby, Oliver J Connolly, the
confidential recipient who confidentially
received an elbow in the ribs from Shatter in
the first place.
Im sorry Shatter is gone, though I wont

miss his right-wing economic views or his
uncritical support of Israeli policies.
However, I will miss his progressive
approach to social issues, Ill miss the fact
that we no longer have a justice minister
without ties of any sort to the Catholic
church, and Ill miss the fact that he was
preparing to face down the entrenched
monopolies of the legal profession. With
Shatter gone, it will be a tougher job to
tackle the outrageous and inefficient legal
practices that bedevil our country, and it
might well be the end of the initiative to
deliver same-sex marriage. I suspect the
Iona Fringe are more than pleased by
todays announcement.
Shatter in office was a very different man
from Shatter in opposition. Condescending,
patronising and supercilious, the Brightest
Boy in the Class made little effort to disguise
his contempt for those of inferior intellect
you and me, in other words. Dont get me
wrong Ive always argued that we need a
higher calibre of intellect in our cabinet
ministers than the sort of apes weve had to
endure over the years, and perhaps thats
where the answer to the Shatter conundrum
lies. After all, in stooping to the sort of
shallow political jibe he used against Mick
Wallace, Shatter made himself no better
than the old-style Fine Gael fools he
previously towered over. Likewise, by letting
the mask drop, by being unable to hold
back a little bit of gossip about a
parliamentarian, Shatter exposed the
uncomfortably close relationship a justice
minister in Ireland has with the head of the
police force, thus reminding us that our
democracy isnt quite as secure as some
would have us believe.
Weve always known that An Garda
Sochna is given to unprofessional
practices, but the Wallace case is downright
sinister. Heres an elected representative,
Mick Wallace, stopped at traffic lights,
illegally talking on his mobile phone when
two guards pull up beside him. They dont
stop him, question him, caution him or issue
a ticket. Nothing official has happened and
yet, somehow, an account of the non-
incident finds its way to the Garda
Commissioner, who duly passes it on to the
Justice minister. Thats the really worrying
bit. Who considered this apparently
innocuous encounter at a traffic light
sufficiently important to pass it up through
the ranks? And why?
Not too long ago, another elected member
of our parliament, Clare Daly, was arrested
on suspicion of drunk driving. She was
handcuffed, brought to the station and a
sample was taken for testing. The next
morning, Gardai released details of the
arrest to the press. The tests subsequently
showed that Clare Daly did not exceed the
blood alcohol limit.
When the Garda ombudsman commission
reported suspicions that it had been bugged,
Shatter hurried to rubbish the suggestions,
even though the implications of such activity
threatened our democracy at a very
profound level. Likewise, when Garda
whistleblowers John Wilson and Maurice
McCabe sought to expose activities such as
fabrication of evidence or, as we used to call
it, framing innocent people, Shatter and the
Garda Commissioner closed ranks.
Thus it was that Shatter the maverick had
morphed into Shatter, the authoritarian
establishment man.
What a pity. Shatter has courage. Hes
sharp, intelligent, articulate and socially
liberal. Even Luke Ming Flanagan, of all
people, lamented his loss on radio today, but
Shatter had to go when the Guerin Report
came out. Even though we havent been
given the opportunity to read it, the report
seems to criticise his handling of all those
things the GSOC fiasco, the
whistleblowers, the penalty points scandal
and his breach of the law by revealing what
he knew of the Mick Wallace non-event.
In his dignified resignation letter, Shatter
complains that Guerin failed to interview him
but otherwise acknowledges his colleagues
of both parties and also the officials he
worked with.
I doubt weve seen the last of this fellow,
and while I cant say that I agree with all, or
even much, of what he stands for as a
politician, I can say this: hes not a gobshite.
In Irish political terms, thats praise indeed.
http://bocktherobber.com.cdn.ie/wordpress/wp-
content/uploads/2014/05/Alan-Shatter-resignation-letter.pdf
Its Time to Reform an Garda

Sochna
February 26, 2014
What is wrong with us? Why cant we just
admit what everyone knows, that there is
something fundamentally wrong with the
Guards?
Talk to any solicitor in any one-horse town
anywhere in Ireland, and theyll tell you that
guards routinely perjure themselves in court.
They all know it, and yet, when one of those
solicitors, by being a faithful political hack,
manages to attain a seat on the District
Court bench, the amnesia kicks in. The
newly-forged District Judge somehow
forgets what he or she has always known
when defending clients: the Guards are
dodgy.
They are. Compare them to their PSNI
colleagues north of the border if you want an
instruction in professionalism. The PSNI
stands up straight and calls the world Sir
while an Garda Sochna scratches its arse
and asks the world for All-Ireland tickets.
Who doesnt know that the Guards are
dodgy? Who hasnt encountered some thick
bully intent on losing hearts and minds by
intimidating law-abiding citizens? Who isnt
aware of the hawk system? We all know
that the Guards are dodgy. We all know that
they behave in a manner very similar to
organised crime gangs, including
intimidating solicitors who make the mistake
of opposing them.
Enda Kenny knows it, unless he grew up in
a different, parallel-universe Mayo where
dodgy guards dont exist. Of course he
knows it, and if he doesnt, Enda Kenny
should not be a politician.
I wouldnt be so sure that Alan Shatter
knows it, since he has such a privileged
cosseted background, but as a practising
solicitor, he should have at least an inkling
of wrongdoing.
Its time for a fundamental reform of the
guards. Its time for a proper policing
authority. Its time to separate the function
of national security and policing. Its time
commissioners were appointed by an
independent authority instead of the
government.
The training of Irish clerics and Irish police
has followed a broadly similar path
throughout the 20th century and the early
decades of the 21st. So has the
management of the two organisations, and
as a consequence, both organisations have
failed to move with the times, while those at
the top are resistant to criticism and those
on the front line showed a distinct
enthusiasm for abusing their power.
Trainee police are fed certain propositions
that they are required to believe and
implement, of which more later, but the
comparison doesnt stop there. The
Catholic church was in the habit of
hammering home its message by keeping
the faithful in constant fear and occasionally
by conducting a minor crusade against
some perceived vice or transgression,
however frivolous and unjustified that
campaign might be, and the Gardai do
precisely the same thing. More of that later
too.
Its all about power, not fairness.
Whats more, and while we all agree that
the majority of priests and policemen are
decent, honest people, there is a significant
number of nasty abusive types in their
ranks, people happy to use the power of
their uniform for personal gain or
gratification. But just as the Catholic church
had its Ryan and Murphy rinquiries, so an
Garda Sochna had its Morris Tribunal, and
all three reports found that the rottenness
permeated the entire organisation, though a
culture of cover-up and a reluctance on the
part of senior management to face up to the
truth.
But how could bishops or Garda
commissioners face up to a truth that they
themselves had experienced at first hand in
their formative years? The bishops went
through the same seminaries as the abusing
priests, and the senior Garda officers went
through the same training school as their
crooked colleagues. Abusive men
managed to become instructors. Bishops
and commissioners alike served under such
men, and they were required to avert their
eyes even though they knew full well that
abuse was taking place. Nobody wants to
be a Serpico when they have a mortgage to
pay and a family to raise. Or in the case of
priests, a housekeeper you might have
become very fond of. How would the
cultureof silence not become deeply
ingrained?
The problem is obvious: single-tier entry. In
most successful organisations, bright,
talented people are recruited straight into
positions of authority, but not in the church
and not in the Gardai, although things have
started to change there. For generations,
the Irish police were all inducted at a young
age and all went through the same
formation and indoctrination process, again
rooted in the 1930s and geared towards
producing a 1930s authoritarian plod, even
though the times had moved on. There was
no recruitment of qualified people from
outside. No professional management
techniques were employed in running the
force. Front-line police were engaged in
stamping forms at desks, just as they do
today.
I know somebody who worked in IT, and part
of his job was to maintain computer systems
in Garda stations. Even though he had an
official pass, he made a point of not using it.
Instead, hed walk up to the desk, point at
the door and wave his briefcase. They
always let him in without checking his
identity.
He got friendly with the Gardai, as always
happens when people work together, and
sometimes theyd ask him to fix their
personal computers. When he took the
machines home, hed find private
confidential police files on Irish citizens,
casually downloaded from the police
computer system and stored on the same
laptops that the cops children might later be
using to browse the internet. Security?
None. He found a complete lack of
professionalism in every way, from
slackness in managing the door security to
failure to protect the data.
I suppose part of the reason why cynicism
evolves in any hierarchical organisation,
whether church or police force, is the
knowledge that in order to succeed you
must toe the party line or else become a
maverick and do as you please without
getting caught. Being a maverick might
mean that you feel you have no hope of
recognition, or it might mean that you were
always in it for personal gain, and youre
quite happy to remain at the bottom, taking
whatever you can.
But for those who think they can rise
through the ranks, there are certain
formulae that must be repeated, even if they
dont believe a word of it, and so it was for
young parish priests as much as for young
sergeants. Admittedly, we dont have any
young parish priests these days, but all the
same, lets extend the comparison. Back in
the 1930s, a new parish priest might decide
to impress the bishop by stamping out public
dancing and other lewd practices, or he
might call to every house and demand daily
attendance at Mass. It was nonsense. He
didnt believe in any of it himself, but it got
him noticed by the bishop, and even if he
didnt get a promotion, at least hed be safe
from undue scrutiny.
Oddly enough, the very same dynamic is at
work today in the Garda Sochna.
I know it sounds like an anachronism from
the 1930s, and so it is, but when senior
officers meet up for strategic discussion,
someone always trots out this mantra.
Control the pubs and you control the
streets. Anyone who dares to disagree is
shouted down, and I know this from a very
well-placed source indeed. Its a
meaningless clich that might have had
some value 70 years ago but today makes
no sense at all. Nevertheless, every time
some new, recently-shaving lad makes
Sergeant, he feels the need to send his
minions out raiding the pubs to make sure
they obey the closing hours.
Im told that a new lad with peach-fuzz on
his cheeks has won his stripes in our local
station and is trying to stake his claim as top
dog on the streets. How? By trying to
intimidate grown adults. By alienating the
very people whose goodwill our police force
needs in an era far removed from the 1930s,
an era when the police are in real danger.
An era when they need the support of the
middle ground.
What are they doing instead? Just like the
priests, by being utterly stupid, theyre losing
the faithful. People will not be bullied.
Unless Sergeant Peach-Fuzz s a total idiot,
he must know that this activity has no value
whatever. Therefore, I can only conclude
that the young lad has made a very cynical
calculation indeed. His career is worth more
than the goodwill of the general population.
Its time our national police force had no

political influence of any kind exerted on it.
Its time for change.
The Smithwick Tribunal Report

December 5, 2013
I expected more from Peter Smithwick than
the report he delivered into accusations of
Garda collusion in the murders of Harry
Breen and Bob Buchanan.
Unfortunately for the families of those men,
were no wiser now than we were twenty
years ago about what happened, since the
learned judge made no findings of fact in his
summation of the Tribunals deliberations.
He hasnt even made a finding that would
stand up to the level of scrutiny required of a
civil court in Ireland and in Britain.
Peter Smithwicks conclusions seem to be
based entirely on his own personal intuition
about what happened on the 20th March,
1989, and those intuitions seem to be based
entirely on intelligence, otherwise known as
supposition, supplied very late in the day by
the British Army who, as we all know, have
no agenda whatsoever.
Dundalk Garda station was under
surveillance by the IRA from another house,
and therefore there is no need to assume
the existence of an informer, as Peter
Smithwick has done. Clearly, the Judge is
not familiar with Occams Razor. As he
confirms in his report, there is no evidence
of Garda collusion in the murder of the RUC
men and yet certain individuals have been
vilified and identified as participants in the
operation to kill the two officers. I think this
is wrong.
I also think its wrong that our Justice
minister should be apologising for the crime
when there is no evidence to confirm Garda
involvement, other than the feelings of one
man, Peter Smithwick. You might say hes
an eminent judge, and to that Id reply, which
of them is not eminent? Which of them is
not fallible?
Nevertheless, surprisingly for a senior jurist,
Peter Smithwick has set the evidential bar
extremely low in this case.
For the families, at least they now know the
facts of the murders, largely due to the
evidence supplied on behalf of the IRA,
ironically, but they still dont know how the
plan was formulated, or who transmitted the
precise details of the two officers
movements on the day they died. And
theyll never know, sadly because the IRA
will never give up that information.
There may have been Garda involvement,
and then again there may not, but Peter
Smithwicks report doesnt settle that
question one way or the other since in the
end, he acknowledges that hes not dealing
in facts, but only in feelings, hunches and
intuition. In his report, Smithwick draws
attention to the fact that an Garda Sochna
were less than helpful in his investigations
and alludes to failings in the force, just as
his colleague Fred Morris did seven years
ago. At that time, Morris drew attention to
the fundamental problems afflicting our
national police force. The spirit wearies, he
remarked, in a memorable summing up of
his dealings with them, and here we are
again, all this time later, with the
Commissioner dismissing the findings of yet
another judicial inquiry.
Smithwick might not be able to produce
evidence about the Jonesboro murders, but
he knows about his own dealings with the
Guards, and he condemns them in his
report for putting their own good name
above everything else.
What did the Garda Commissioner say?
The force described in this report is not the
force I lead.
This is nonsense. Martin Callinan rose
through the ranks. He knows all about
hawks. He knows all about planting
evidence. He knows all about Guards
standing together to perjure themselves. He
knows all about the culture of an Garda
Sochna, which regards itself as a group
separate from Irish society and which
demands deference with the implicit threat
that you might suffer if you dont provide
them with favours.
Im personally aware of lawyers who have
taken cases against this force and who have
later been victimised in a tangential way. As
one lawyer says, They might not do
anything to you personally, but maybe your
kids are in town. Theyll be stopped, theyll
be breathalysed every night.
I knew a Guard years ago who boasted of
placing pornography under a suspects bed
in order to cause conflict between him and
his wife.
In Ireland, we have a combined intelligence
service and police force, which is never a
good thing. Police should deal in facts and
leave the factoids to the spooks who are
trained to know the difference between
supposition, rumour and hard information.
Our police force is gossip-led and this is a
major problem for every Irish citizen,
especially since our police force is so
unprofessional that not a single one of them
made the shortlist in the interviews for PSNI
chief constable.
We need to thank Judge Peter Smithwick for
alerting us, yet again, to the dismal state of
our police force, but Im afraid he didnt
throw a whole lot of light on the brutal
murders of Bob Buchanan and Harry Breen,
two ordinary cops shot down like dogs by
people with no mandate to represent the
rest of us.
People otherwise known as thugs.
How much did the Irish taxpayer shell out for
a poorly-proofread report detailing the
witness evidence and a summary setting out
what the good judge felt in his heart of
hearts? I dont know, but I suppose it must
have been several million euros.
The Morris Tribunal and the Wall of

Silence
May 7, 2008
The sixth report of the Morris Tribunal was

published today.
If youve been reading this site for a while,
you might know something about the
disgraceful behaviour of the Gardai in
Donegal that led to the setting up of the
tribunal. They framed, suspects, beat them
up in custody, manufactured evidence, lied
to their superiors and ultimately tried to lie
their way out of the tribunal.
But Mr Justice Fred Morris is a crafty old
bird and he saw through the lies. Ill just
give you a flavour of what he said in his
report and you can read the whole lot on the
tribunal web site if you want to. Have a look
at these extracts in Morriss own words:
8 Once again, the Tribunal was faced with
Garda who were determined to hide the
truth of what happened. They made
statements to their superiors which were in
many instances minimalist in their detail and
failed to give a fully truthful account; in a
number of instances the statements were a
complete fabrication.
8 It was disturbing to find a deep seated

reluctance to concede that a colleague had
acted incorrectly or wrongfully or that the
complaints made by the detainees were true
the wall of silence was maintained.
Unfortunately, this approach extended to

and was encouraged by senior officers in
this investigation and in the overall
approach adopted by An Garda Sochna to
external complaints.
8 The deficiencies observed by the Tribunal in

the manner in which An Garda Sochna
acted in these matters, by their nature, are
not peculiar to Donegal. Issues of
accountability, tunnel vision, the proper
investigation of offences, the treatment of
persons in custody, and responsible
leadership of criminal investigations, are all
issues related to general policing.
8 The Tribunal has already referred to the wall

of silence that has been experienced in
dealing with policemen at home and abroad
when they are faced with allegations of
misconduct. This may be viewed with the
other phenomenon of Garda speak which
the Tribunal has encountered over the last
number of years, and an understanding by
Garda that they are expected only to give
the minimum amount of detail in respect of
any controversy in which the Garda are
involved.
Garda should give a full and truthful

account in every statement which they make
in all cases whether civil or criminal. It is
regrettable that such a basic proposition in
relation to telling the truth should have to be
spelt out in this way.
False evidence was manipulated by

members of An Garda Sochna in an effort
to implicate suspects whom the Garda
believed were responsible for the Late
Richard Barrons death. Proper methods of
investigation were not employed.
Statements were not properly taken from
witnesses.
Lies and negligence led to the arrest of

innocent people and the disruption of their
lives, at a terrible human and social cost for
some of them.
The most obvious forensic manifestation of

this disaster was the procurement from Mr.
Frank McBrearty Junior of a false
confession, which coincided to a large
extent with the incorrect theory upon which
the investigation had proceeded. The
statement itself was the product of a
complete and systematic failure of policing
at a number of levels, from the most senior
officers leading the inquiry, to those
conducting the interviews of certain
witnesses and suspects, and a failure to
analyse statements and evidence obtained.
In this jurisdiction, unfortunately, this has not

been a unique occurrence. The Tribunal is
now aware of the case of the Late Dean
Lyons, in which a false confession was also
obtained by members of An Garda
Sochna in the course of a murder
investigation. Thus, in two very serious
recent inquiries, two detainees have yielded
false confessions in respect of crimes of
which they were innocent.
This is only a small sample of the things Mr
Justice Morris has to say about our police
force. He accuses them of dishonesty,
incompetence, and institutionalised abuse of
suspects throughout Ireland. Despite what
the Justice Minister, Brian Lenihan
suggested today, it was not the work of a
small number of policemen in Donegal. This
problem is nationwide, and anyone who
takes the trouble to read Morriss reports will
be able to see that plainly.
At a time when we need it more than ever,
our police force is in deep trouble because
of a lack of professional management,
professional standards and professional
skills. Its a cloistered, monastic cabal that
regards the population at large as the
enemy. Its quite willing to harass the
average citizen for a minor infringement
while at the same time being more than
happy to avoid confrontation with the
serious criminals who threaten the very
existence of civil society.
If our police force is such deep trouble, then
we, the citizens are in very serious danger,
and nobody in government seems to have
the imagination to see that and do
something about it. Fred Morris has done a
tremendous job protecting our democracy,
and yet Brian Lenihan cynically tried to bury
the report by releasing it on the same day a
new Taoiseach takes office. This is a
disgrace, but its revealing. This shows you
a political mindset that cant see the danger
in having a corrupt and demoralised police
force.
We are in big trouble.
oull remember Mr Justice Frederick Morris,
chairman of the Morris Tribunal,
investigating the Donegal guards. Well, he
hasnt gone away, you know. Yesterday, his
reports on three modules of his investigation
were released and they make interesting
reading. Its worth quoting what he says
about our police force nationwide:
You remember John White, dont you? This
is the sergeant who vehemently denied
farting at a suspect. He accepted that he
had imprisoned two entirely blameless
women, intimidated them, shouted at them,
kicked chairs around the interview room and
shown them post-mortem photos of a dead
man. But he definitely didnt fart at them.
Well, John White, as you may know, was
recently acquitted of planting a sawn-off
shotgun at a tinkers camp so that he could
later find it and arrest some people. The
State failed to meet the criminal burden of
proof , which is proof beyond all reasonable
doubt, and so White was let off.
In his reports, Fred Morris said that White
did actually plant the shotgun. Whats this
about? Well, there was a murder in 1998,
and White got a hint from somewhere that
the tinkers were involved. So he decided
that the best way to investigate it would be
to plant a shotgun at the camp, and then
arrange a search party so that he could
arrest the suspects when they found the
weapon. Which is exactly what happened. A
search warrant was issued by Supt Kevin
Lennon (of whom more later), the gun was
duly found and the tinkers arrested. They
were held for a while but never charged.
Lets just quote Morris on the search
warrants: The lies that have been told by
Det Sgt White and Supt Lennon on this
aspect make it impossible for the Tribunal to
establish exactly when they were issued.
Charming.
After White was charged with planting the
gun, the Tribunal found that three other
guards formed a conspiracy to corruptly
invent a story as a defence for him. They
tried to frame two guards who had nothing
whatever to do with the matter, in an effort to
implicate them in planting the gun. Morris
again: All three men were determined to
make trouble at every hands turn and to
create as much black mischief through lies
as would defeat any legitimate inquiry for
the truth.
Then you have the bomb on the transmitter.
Lets talk about the bomb on the transmitter.
The local people in Ardara had a television
deflector mast that re-broadcast TV signals
to peoples homes at no cost. Then the
whole thing was regulated in such a way
that businessmen could charge you for
giving exactly the same service as you had
before for free, which was a great help to
the ordinary people of Ireland. I believe it
might have been introduced by the well-
known crook, Ray Burke as minister for
Communications. There were protests,
understandably. Somebody set fire to a
container-load of equipment belonging to
the new operator of the TV service, and
White was determined to make arrests.
What did he do? Did he take fingerprints?
No. Did he deduce through inescapable
detective logic who the perpetrator must
have been? He did not. Did he set up
surveillance and painstakingly build a case?
Did he fuck. He planted a fake bomb on the
mast, made out of bangers, and then he
arrested three local guys for it.
Right, well what about the silver bullet
affair? Well, we have to go back in time a
little, because I know this could be confusing
to a lot of people. It certainly confuses me.
This is an offshoot of the earlier attempt to
set up the McBrearty family for a murder
that never happened. Briefly, a man called
Richie Barron was knocked down and killed
in Raphoe. As a matter of interest, nobody
has ever determined who was responsible
for the hit-and-run killing, and it remains a
mystery to this day, though if you read
through the facts, you would have to be very
dense not to come to certain conclusions.
Morris speculates on this in his earlier
report, and hints heavily in a certain
direction though hes obviously constrained
in saying what he really thinks. But whatever
else you can say on the matter, the Guards
were determined to secure a conviction for
it, and anybody would do, it seems. Well,
almost anybody. They decided to frame the
McBrearty family who owned a pub and
night-club in Raphoe, and falsely arrested a
large number of people as well as
fabricating evidence.
After the Guards failed to pin anything on
the McBreartys concerning the death of
Richie Barron, they launched a campaign of
harassment against them that involved
stopping them on the road, objecting to their
pub licences and using agents
provocateurs, including the dimwit, Bernard
Conlon. Let me give you a little background
on Bernard Conlon. This guy, it would be
safe to say, is as thick as a fucking plank.
He has convictions for burglary, theft,
malicious damage, indecency, malicious
damage and cattle-maiming. Cattle
maiming? Whats that? Does Bernard say to
his mother, Im away out now and damage
a few cattle there, aye, right enough,
damage a couple of cows and that there.
Seeya later, hey. OK. Whatever it might be,
thats Bernard. Not the sharpest knife in the
drawer. One sandwich short of a picnic. One
pint short of a hangover. One banana short
of a fruit salad. One lunatic short of an
asylum.
So Bernard was encouraged to go into
Frankies as the McBrearty establishment
was known. And he was encouraged to
have a few pints, which I dont imagine was
a difficult task. And he was encouraged by
White to have a drink after hours so that he
could be found on in a raid on the pub, as
part of the harassment campaign.
Now, you might remember Mark McConnell
and Michael Peoples, members of the
extended McBrearty family. These guys had
previously been arrested in connection with
the supposed murder of Richie Barron, and
subjected to harsh treatment by the police,
though they were innocent because there
was no murder.
Bernard Conlon, now living in Sligo, made a
statement to the guards that he had been
approached by two men who threatened him
by showing him a silver-coloured bullet.
Theres one for you and another for White.
He later stated that the two men were Mark
McConnell and Michael Peoples. The Sligo
police investigated and the two men were
picked up for questioning. At the same time,
Sgt White and Sup Lennon, discovered that
Conlon knew the two men by sight and
should have identified them immediately, but
didnt bother to tell the Sligo guards because
it suited them to have the men harassed.
Anyway, they were too busy prosecuting the
McBreartys for licensing breaches and
anything else they could think of. (To me this
is all a bit fishy, but its as far as the Tribunal
can go on the evidence put forward. I dont
think Lennon or White became aware of
anything, and Morris hints at this in his
report).
Jesus Christ Almighty. Where are we going
here? What are we talking about?
Well, were talking about our national police
force, of whom Morris has been hugely
critical. He has explicitly stated that the
malaise is not confined to Donegal but is
nationwide and extends throughout the
force. Were talking about an organisation
that guarantees our constitution, and yet
which contains many members who think
themselves above the law. Were talking
about the survival of our country as a
democracy.
This is something I quoted in an earlier
piece, from an earlier Morris report. The
spirit wearies at the lies, obfuscations,
reasonable person. After these reports, Im
more worried than ever.
The opening quote is worth repeating: The
Tribunal has been staggered by the amount
of indiscipline and insubordination it has
found in the Garda force.
The RUC was closed down for less.
GARDA DENY EVERYTHING
The Morris Tribunal took a further twist
today when Garda Joan Gallagher denied
ever having done anything. Throughout the
questioning, Gda Gallagher addressed the
Tribunal in the Garda Dialect.
I gave my entire fucking life to camogie,
you pathetic piece of fucking slime, insisted
Gda Gallagher. Apart from pucking sliotars,
I never done one other thing in my entire
life. I dont even remember joining the
fucking Guards, so I dont. In fact, I never
joined the Guards, and any bastard who
says I did is a liar and a prick, so they are,
right enough. From I was a wee fucking
weeun, all I wanted in my hand was a
camn. Aye. Thats right. Fuckin right.
Aye, surely.
Pressed on this point by counsel for the
Tribunal, Gda Gallagher went on to explain
that apart from playing camogie, she had
literally never done anything at all.
Counsel: Did you go to school?
Gda Gallagher: No! You lying fucking
bastard!
Counsel: Did you ever push a sheep off a
cliff?
Gda Galagher: Certainly not, you miserable
lying fucker!! Well take your children away!
Counsel: As a child, did you play with your
friends?
Gda Gallagher: I played camogie, on my
own. Stand up, you fucker. Do you want a
thick fuckin lip?
Counsel: Did you have a social life?
Boyfriends, perhaps?
Gda Gallagher: I wanted no boyfriend. I had
my camn in my hand and thats all I
needed, you snivelling little prick.
Counsel: But surely, when you applied to
join the Gardai . . .
Gda Gallagher: I deny that, you wanker! I
deny every fucking thing youre suggesting.
That man was drunk and aggressive and he
assaulted eleven gardai on the bus. I saw
him do it and we all swore to it in court Oh,
sorry, you wee arsehole, what was the
question again?
It was another day of dramatic
developments at the Morris Tribunal. In an
emotional statement, Detective Sergeant
John White denied breaking wind in a
suspects face. Read my lips, said Sgt
White. I did not fart at that woman.
The statement followed earlier admissions
by another detective in the Donegal division.
Garda John Dooley confirmed that two
women, Roisin McConnell and Katrina
Brolly, were called lying bitches, one was
forced to pray to her dead father while the
other had her hair pulled as gardai accused
Mrs McConnells husband Mark of murder.
Both women were forced to look at graphic
post-mortem photographs of the dead mans
body. Garda Dooley has given a sworn
statement admitting that he, along with Sgt
White and a female garda, abused the
women in custody.
Admitting that he had lied to the Tribunal,
Sgt White said that both women were
abused and mistreated during their time in
custody. He went on to state that they were
blameless and their treatment while in
custody was inexcusable. He said his role
was to break the suspects and that the
strident, aggressive methods he used were
similar to those employed by the Gardai in
investigations everywhere he had worked.
For many years previously, Sgt White was
based in Dublin.
However, Sgt White, clearly close to tears,
said in a whisper, I might have done a lot of
bad things in my time, but I didnt fart. After
a pause during which he withdrew behind a
screen to collect himself, an emotional
White revealed to a hushed courtroom that,
due to a troublesome condition, he is unable
to fart. Its not physical, he confided, Its
emotional. When I was younger, I used to
fart the whole time. Morning, noon and
night. But not any more. Its ruining my life
and I just dont know what to do about it.
At this point, Sgt White became visibly
upset, and the Chairman adjourned the
Tribunal for the afternoon. Thanking Sgt
White for his frankness, Mr Justice Morris
remarked that if all men with this problem
could speak so openly about it, perhaps
society would show more understanding
towards this distressing complaint. Perhaps,
Mr Morris suggested, Sgt Whites
aggressive, bullying behaviour was simply
an attempt to compensate for his inability to
fart.
In a further development, it has emerged
that Sgt White is shortly to travel to
Guantanamo Bay as part of a special
research project into the use of cabbage in
interrogation.
WHO KILLED RICHIE BARRON?
Three questions.
Who was drunk-driving in Raphoe on the
night of the 13th October 1996 ?
Who knocked Richie Barron down, and
drove away?
Why did the guards try so hard to frame the
wrong people for Richie Barrons death?
Answer these questions and youve solved
the whole Morris Tribunal riddle. The answer
seems obvious to me.
THE WORSE GARDA IN EUROPE
Did you ever hear of Frank Shortt?
Probably not, but I wont be long telling you
who he is.
Frank Shortt owned a bar in Donegal, and in
1995 he was convicted of allowing drugs to
be sold on his premises. The bastard, you
might say. Indeed.
In its judgement last Wednesday, the Irish
Supreme Court increased an earlier award
to Frank Shortt for miscarriage of justice
from 1.93 million euros to 4.5 million euros.
He was imprisoned, lost his business, his
family and his health and was struck off as
an accountant because Irish policemen lied
to put him in jail. As Mr Justice Hardiman
remarked in his judgement, Frank Shortt
was perjured into prison by the Irish police.
This was one of the most damning
judgements ever handed down by the Irish
Supreme Court and continues a long line of
disastrous investigations into the most inept
and corrupt police force in Europe.
You only have to read the Morris report to
see what these guys are like.
Heres Mr Justice Morris, quoted in an
earlier post:
These are the people we pay to stand
between us and the criminals. Maybe we
should reconsider. Maybe we need to pay
criminals to stand between us and the
Guards. Maybe there isnt any difference.
CORRUPT GARDA, POLICE AND
THIEVING EVIL GREEDY FUCKS,
DISHONEST
I see that the membership of an Garda
Siochana are upset at the prospect of our
having a police reserve. They dont think its
a good thing to have amateurs carrying out
a policing role, and, instead, they want more
trained Guards on the streets to fight crime.
All well and good, but heres a curious
paradox for you: even though this is true,
the Gardai are still talking bullshit. To
understand why, you have to analyse
carefully the words in the first paragraph,
because certain unwarranted assumptions
are being made there. Dangerous
assumptions, based on complacency and
mental laziness, not to mention dishonesty.
Firstly, as far as using amateurs in a policing
role goes, wheres the evidence that we
have anything but rank amateurs at the
moment? This is a force which is capable of
setting the most astonishing priorities for the
use of its supposedly limited resources.
Such as? Well, for instance such as sending
four or five police to break into a house at
dawn and arrest a woman for non-payment
of a parking fine! If you dont believe me,
scan recent news reports about this case.
Not only did they drag the woman from her
bed, handcuff her and force her into a police
car, they then crashed the car and injured
their prisoner, who was duly awarded
damages by a court of law. What??
But, youll say, thats only one isolated case.
Is it? Well, what about the genius strategic
planner who decided it was a good idea to
raid an alcohol-free teenage disco because
it was being held in a hotel bar, even though
the bar counter was locked? Or the hero
who went camping in the Aran Islands, had
a few drinks and later returned to his tent,
got into his uniform and promptly raided the
pub for serving after hours.
And while were on the subject of formidable
Garda intellects, could somebody throw light
for me on the planning for the Love Ulster
march? Anybody?
Hello Mr Guard. Grand stretch in the
evening, thanks be to God. Grand stretch
right enough.
Oh, hello, Mr March-Organiser. I see the
nights are closing in a bit.Thats right. We
wont feel it now till Christmas. No. Look, we
were thinkin of havin a wee bit of a march
there, right enough. Wee march.
Were ya now? Gob, theres great dryin out
today all the same.
Aye. We were thinkin of maybe marchin a
couple of loyalist bands down OConnell
Street there to the GPO, comin up till Easter
time, maybe the day of a big Celtic match.
And that there.
Right. Right. A kind of march, as such.
Aye. Past that there huge pile of loose
bricks. Do you see any problem with that
there? Loose pile of bricks and all? Marchin
bands? Flutes? Sash? Celtic? And that
there. Right enough?
Oh God no. Therell be no problem with that.
Not at all. Thatll be grand. Seeya on the
day, so. Grand. Fine. Isnt there a grand
stretch in the evening, thank God, all the
same?
Yes indeed. All isolated cases.
Im beginning to feel weary.
I was in a quiet pub not too long ago, just on
closing time on a Tuesday night, when two
Guards walked in, ordered everybody out
and waited in the street until the place was
empty. That was their priority at 11:30 on a
Tuesday night in Limerick. To clear six or
seven people from a pub where there has
never been the slightest trouble. And
furthermore to wait in the street until all the
desperate miscreants had vacated the
establishment. Now, this might seem like a
trivial matter, and thats exactly what it is. A
small, ridiculous incident. However, I think it
illustrates perfectly the hollowness of all this
talk about Garda resources. Trained, highly-
paid police are using their time in such petty
pursuits. It points towards a total absence of
any sense of perspective, an inability to
manage resources in any meaningful sense,
an inability to prioritise and an almost
complete lack of management in any
modern sense. Another isolated case.
Im sure everybody has their own isolated
cases they could tell you about, and
ultimately every example is an isolated
case, but so is every arbitrary arrest, every
unfounded prosecution and every instance
of perjury.
Perjury? Jesus Christ, now hes calling the
Guards liars!
OK. Dont listen to me, then. Instead have a
look at these quotes:
8 the spirit wearies at the lies, obfuscations,
reasonable person
8 This entire matter could have been ended
within months had there not been a
determined effort to conceal the truth in
favour of a twisted version of reality
This process of investigation has been
delayed by contempt for the truth.
8 Some Garda witnesses told lies or simply
refused to answer on the basis of a warped
interpretation of the right to silence.
8 When an obligation to answer was in place,
lies replaced silence. The extent of this was
both astonishing and wearisome. It has
wasted time and money in abundance.
Who do you think wrote these things? Was it
some rabid kaftan-weaving peace-marching
Ego Worrier, such as my good self? No. It
was not. The author of these remarks was,
in fact, Mr Justice Frederick Morris,
President of the High Court, and he
expressed these views in May 2005, in his
report on the Donegal Garda division. Less
than a year ago.
Dont get me wrong. I think we need a
strong professional police force. I just dont
think we have one. Instead of a police force,
it seems to me that we have a clan, a tribe,
which regards the rest of society with
suspicion and approaches people
sometimes with undisguised aggression.
Who hasnt been on the receiving end of
boorish, disrespectful behaviour by some
Guard on a power trip? Annoying though
such an experience can be, Im afraid this
has a more worrying consequence. Any
force such as our own must police by
consent, and unfortunately it seems that
many members of the force are busily
eroding the support of the very law-abiding
people they need on their side.
It seems to me that the root of this problem
lies in the culture of the training regime.
Many guards in a quieter moment will tell
you that they learned in Templemore to see
everybody as a potential criminal. Often
overlooked and, to my mind, very revealing
is the terminology used by our police force
in referring to individual officers. Do you
know of another country where police refer
to each other as members?
GARDA Anti-social Behaviour Orders are
ready to roll. According to todays papers,
the adult version will be available for the
new year, with childrens asbos following in
a couple of months. I see also, however,
that the Guards wont be ready to implement
it because their Fancy-Dan computer
system isnt up to the job.
concerns.
Successfully.
PULSE.
Haircut? Check!
Ear-stud? Check!
Tracksuit? Check!
THE IRISH PEOPLE ARE LOSING TRUST
IN GARDA POLICE FORCE
Anti-social Behaviour Orders are ready to

roll. According to todays papers, the adult
version will be available for the new year,
with childrens asbos following in a couple of
months. I see also, however, that the
Guards wont be ready to implement it
because their Fancy-Dan computer system
isnt up to the job.
concerns.
Successfully.
PULSE.
Haircut? Check!
Ear-stud? Check!
Tracksuit? Check!
Fennelly Report, and the Government

are silenced
The Fennelly Commission was set up in the midst of a
string of controversies to dog Enda Kenny, the justice
minister, and the garda and so we have to look at the
political context of everything thats flowed from it,
THE Fennelly Commission of Inquiry was set up in record
time in the white heat of a political controversy on March
24 last year.
Its primary remit was to investigate the systemic recording
of telephone calls at regional Garda stations, a practice
that had come to light as a result of a court case over the
previous few months.
However, the recording issue was just the latest of a string
of controversies that had dogged Enda Kenny, his minister
for justice and the garda on a near weekly basis in the
first quarter of 2014. As such, Fennelly and everything
that has flowed from it, is all about political context.
The controversies had eroded political capital which Mr
Kennys people believed would accrue following the exit of
the troika the previous Christmas. It was against this
background that Fennelly was set up with no preceding
scoping inquiry or even public controversy.
Then, contrary to the usual practice, Fennelly was set up
with no preceding scoping inquiry, or even public
controversy. All of that was enough to raise questions
about the real purpose of Fennelly, but when the
resignation of garda commissioner Martin Callinan was
thrown into the inquiry nearly as an afterthought, the
questions began to multiply.
Martin Callinan
By March of last year, the Government had it up to its ears
with Garda controversies.
Problems with abuse of the penalty points system had first
surface nearly 18 months previously. It wasnt dealt with
properly, and the persistence of the garda whistleblower
Sgt Maurice McCabe ensured that the issue remained in
the public spotlight. In January, he had appeared before
the Public Accounts Committee, a forum he had sought
out in desperation after his efforts to highlight the abuse
ran into the sand elsewhere.
Sgt Maurice McCabe

A week before Sgt McCabes appearance behind closed
doors, Callinan gave evidence. In the course of a long day,
he responded to questions about McCabe and retired
garda John Wilson by suggesting their actions were
disgusting. The remark generated controversy, but Mr
Callinan ultimately appeared to have weathered the
storm.
A few weeks later, The Sunday Times published a story
that the Garda Sochna Ombudsman Commission (GSOC)
had investigated a suspected case of the bugging of its
office. Since the business of GSOC was investigating the
garda, suspicion for any such actively immediately fell on
elements within the force.
Then justice minister Alan Shatter reacted by hauling in
the chair of the GSOC Simon OBrien to be carpeted for
not informing the minister that such a probe had taken
place. Mr Shatters primary concern was not whether
GSOC had been bugged, but that he hadnt been informed
of any investigation into the suspected bugging.
The commissioner and Garda associations also
condemned GSOC. The controversy rumbled on until a
retired High Court judge John Cooke was appointed to
investigate the whole affair.
If that wasnt enough to occupy Mr Shatter and Mr
Callinan, Sgt McCabe had more. The turbulent cop met
Michel Martin, at the request of the Fianna Fil leader one
Friday evening in Portlaoise in February.
He furnished Mr Martin with a dossier of at least 10 cases
that highlighted incompetence and cover-up within the
force. The most serious case involved the release on bail
of a man who went on to murder a young woman in
20007. The court which released him had not been
informed that he was already on bail for a serious assault.
These cases had all been investigated internally in the
force, and Mr Shatter had been informed about them, yet
had not seen it necessary to appoint an outside body to
investigate. Mr Martin informed Mr Kenny of the dossier
and brought his concerns to the floor of the House. Within
days, Mr Kenny decided to appoint a senior counsel to do
a scoping exercise and determine whether a full
commission of investigation was required.
With two probes under way, and the penalty points matter
also parked, it looked as if the Government and the force
had moved past the controversies for the foreseeable.
Then along came the most able of them all, Leo Varadkar
to deliver a major headache to his boss.
At a road safety conference on March 20, Mr Vardakdar in
his capacity as minister for transport, called on Mr Callinan
to withdraw his disgusting remarks. He said the service
rendered by the two men in highlighting abuses had been
distinguished.
Four days previously, the chair of the Road Safety
Authority Gay Byrne had used his Lyric FM programme to
call on Mr Callinan to apologise to the two men, but a
government minister adding his tuppence worth cranked
up the pressure by a rate of knots.
The following day, Mr Kenny was asked about Mr
Varadkars intervention. Id certainly have a preference
that if any minister who has an issue to raise that they
raise it at the Cabinet or raise it when we could have
discussions or deal with them, rather than have them
aired in public, he said.
The problem was that Mr Kenny and those around him had
let the matter sit for two months, and had no intention of
saying anything that might generate controversy,
irrespective of how valid the issue might be.
Labour quickly moved to ensure they wouldnt be
outflanked on the right in calling for proper accountability
in the force. Ruairi Quinn, Eamon Glimore, and Joan Burton
all rallied to Leos standard.
As the weekend approached, garda sources made it plain
that Mr Callinan felt he had nothing to apologise for.
That was the background behind what transpired over the
next few days.
On Sunday, March 20, Mr Kenny got word from his
attorney general about the telephone recording issue. In
the course of preparing for a case being taken against the
force and the state by Ian Bailey, the tape recording
regime had been discovered in Bandon garda station.
Further inquiries revealed that this was standard practice.
Potentially, an appalling vista was opening up. What if
there was some privileged material taped? Could this lead
to convicted offenders being released from prison?
One way or the other, another controversy was arriving
from over the horizon for the government. On the Monday
evening, Mr Kenny dispatched the secretary general of the
Department of Justice Brian Purcell to the home of Mr
Callinan. Despite a close working relationship, it was
unheard of for Mr Purcell to visit Mr Callinan at home
not to mention at 11pm with little notice.
Brian Purcell
According to Mr Kenny, Mr Purcell was to convey the
Cabinets concern about the issue that was emerging.
Crucially, whatever about his handling of the other
controversies, there was precious little blame that could
be attributable to Mr Callinan for what was emerging
about the taping in stations.
The following morning, Mr Callinan resigned. Later that
day, Mr Shatter announced that a commission of
investigation was being established into the recording in
stations. There was no scoping inquiry, nothing to examine
whether this was a serious issue of a ball of smoke.
With Mr Callinan now gone, and a commission set up to
investigate the latest scandal, the political heat could be
taken out of garda matters.
Except, the manner of Mr Callinans departure opened up
a new controversy. Was he sacked? If so, the Taoiseach
had acted outside his powers. A commissioner can only be
removed on foot of a cabinet decision.
Michel Martin got stuck into Mr Kenny in the Dil. You
essentially sacked him. You sent a senior civil servant out
to the commissioner the day before the cabinet meeting,
he said.
Michel Martin
Mr Kenny denied any such allegation and again claimed
after the publication of the report yesterday that he had
been vindicated.
In the end, the Government decided to shovel Mr
Callinans departure into Fennelly. This took the heat out of
the latest scandal, but was arguably an abuse of the
commission of investigation process. In any self-respecting
parliament, questions in relation to the departure of a
garda commissioner would be dealt with by a
parliamentary committee.
Thats not how we do things here. Fennelly took over a
year to investigate an issue that involved interviewing a
few dozen people at most, and examining a small number
of files.
Three of the witnesses including the Taoiseach were
recalled by the chairman to give further evidence after a
conflict arose.
Finally, there is a result, but one that is unlikely to answer
fully the questions about Mr Callinans departure, quell the
political fallout or the reasons why the matter was not
examined in the proper forum of parliament.
Fennelly Report
https://assets.documentcloud.org/document
s/2325124/fennelly-report.pdf
Report on Whistleblower's Claims Recommends No Action Be
Taken. ... "The Houses of the Oireachtas have been totally
vindicated by the report." ... Publication
A report into allegations by a whistleblower working with the
banking inquiry has recommended no further action be taken.
Senior counsel Senan Allen was asked to investigate claims by
a former investigator with the committee. In his report back to
the Oireachtas commission he rejected the allegations. It is
understood he made one finding, which was that no further
action was required.
A source said: "The Houses of the Oireachtas have been totally
vindicated by the report."
The whistleblower worked as part of the investigation team at
the committee and made a number of allegations about those
working with the inquiry.
The whistleblower submitted an 82-page document under the
Protected Disclosures Act
Alan Shatter quit after Taoiseach
phoned him and made it clear he
had to go
Enda Kenny called the Justice Minister early yesterday morning
after reading damning Guerin report into handling of garda
whistleblowers
8 MAY 2014
Alan Shatter finally quit his Cabinet post yesterday after

the Taoiseach phoned him and made it clear he had no
choice but to go.
Last night it emerged that Enda Kenny made a crunch
call to the Justice Minister yesterday morning after
reading a damning report into his handling of
allegations made by garda whistleblowers.
The Taoiseach called the Attorney General at 6 am after
reading Sean Guerin's report and then contacted Mr
Shatter.
It is believed he made it clear to his Justice Minister that
he had no choice but to resign.
The news emerged as Enda Kenny and Eamon Gilmore
were locked in talks last night to discuss the findings of
the Sean Guerin report.
The Taoiseach and Tanaiste explored the 300-page
report which pushed Minister for Justice Alan Shatter
out.
It is believed the two discussed the resignation of Mr
Shatter and the damning allegations contained in the
report.
Sources close to Garda whistleblower Maurice McCabe
said he had not seen the report but had been
interviewed four times by Mr Guerin.
It is believed the sergeant had no idea Minister Shatter
would step down as a result of the inquiry.
The replacement will be announced at 10.45 tomorrow
with the successor then whisked to Aras an Uachtarain
to seal the deal.
Sarah Bardon
Alan Shatter has stepped down as minister for justice.
4:38 PM - 7 May 2014
Sarah Bardon
Taoiseach Enda Kenny says the report by Sean Guerin

into Garda malpractice is the reason for Minister Shatters
resignation.
4:40 PM - 7 May 2014
Enda Kenny told the Dail: "In the interests of the entire
situation, he made up his mind and tendered his
resignation which I accepted with reluctance."
The Taoiseach also revealed the Guerin report is likely
to be published on Friday morning, after the Attorney
General has had an opportunity to assess the
confidentiality impact.
Sarah Bardon
Sean Guerin recommends a Commission of Investigation

into claims of Garda malpractice by Maurice McCabe
4:45 PM - 7 May 2014
The Taoiseach announced that a special commission of
investigation will be set up to look at the handling of
serious allegations against the gardai.
Alan Shatter wrote a resignation letter in which he said
to Enda Kenny: "I believe you are an extraordinary
Taoiseach doing an extraordinary job."
The resignation letter mentioned the fallout from the
Guerin report could create "difficulties for the Fine Gael
or Labour parties" in the period up to the election.
He said: I am anxious that any controversy that may
arise on publication of the Report does not distract
from the important work of Government or create any
difficulties for the Fine Gael or Labour parties in the
period leading into the European and Local
Government elections."
He added: It is my judgment that the only way in which
such controversy can be avoided is by my offering you
my resignation from Cabinet."
Sarah Bardon
Enda Kenny to announce Shatter replacement later this

evening. Guerin report to be released on Friday.
4:41 PM - 7 May 2014
It comes in the wake of a report which found Mr
Shatter broke Data protection laws by revealing a run-
in Mr Wallace had with the cops live on national
television. Following publication of that report
yesterday, Mr Wallace called on him to quit.
believes he is above the law and must resign
immediately.
Alan Shatter must step down after he broke the law by

revealing personal information about him, Mick Wallace
insisted last night.
The Justice Minister contravened the data protection
laws by revealing a run-in Mr Wallace had with the cops
live on national television.
Data Protection Commissioner Billy Hawkes rejected
Minister Shatters claim that it was in the public interest to
release this information.
Data Protection Commissioner, Billy Hawkes

believes he is above the law and must resign immediately.
Minister Shatter said he was considering his options but it
is believed he will appeal the decision.
But Mick Wallace last night insisted Mr Shatter used the
information for personal gain and had abused his office.
The Independent TD: As to what I do with it remains to be
seen.
I have got to take legal advice as to how to proceed. I
dont know of all of the options available to me.
Mr Wallace did not rule out seeking damages under data
protection laws.
If he does take the matter to court, there is no cap on the
amount he could be awarded as it is at the discretion of
the court and was unpredictable.
One legal source said last night it could be anything.
During a heated Prime Time debate on the penalty points
system last May, Mr Shatter revealed the TD had been
stopped by gardai at the Five Lamps in Dublin for using his
handset behind the wheel.
He added the Wexford TD was cautioned and warned not
to do it again but there was no official record of the
incident.
Former Garda Commissioner Martin Callinan gave the
information to the minister who then told the nation.
Garda commissioner Martin Callinan (right) and Justice

Minister Alan Shatter (Photo: Niall Carson/PA Wire)
The report by Data Protection Commissioner Billy Hawkes
said the Minister broke the law but insisted Mr Callinan
was in the right as he was obliged to keep the minister
informed of such matters.
In a statement last night, Mr Shatter said he had already
apologised to the TD and admitted it was a mistake to
reveal the information.
But it is believed he will appeal the reports findings.
He said: As the Data Protection Commissioner
recognises, both sides have a right of appeal and I am at
present examining the decision closely with a view to
taking any appropriate further legal steps as may be
advised.
The decision which the Data Protection Commissioner
has made in this complex area of the law raises issues of
fundamental importance which I believe need to be further
considered in the public interest.
I do not intend to comment any further at this time. In his
submission to Mr Hawkes, Mr Shatter said it was
legitimate to counter Deputy Wallaces criticism of Garda
discretion by revealing how he benefited from it.
He said he made the revelation in the presence of Mr
Wallace who had the chance to defend himself but did not.
Mr Shatter added: The public deserved at the very least
to be apprised of the inconsistency in his position.
He had previously benefited from the exercise of
discretion by An Garda Siochana in relation to a road
safety matter which discretion he now wrongly
characterised as unlawful.
I would stress I did not accuse Deputy Wallace of any
wrongdoing or unlawful conduct.
I believed at the time detailing that inconsistency was
appropriate and legitimate.
lt challenged his assertion that members of the public
should never be assisted by the exercise of the Garda
discretionary powers under discussion. However, the
Commissioner disagreed and said it was not necessary in
pursuit of his legitimate interests.
Mr Wallace last night insisted Mr Shatter had no option but
to resign as Justice Minister.
TD Mick Wallace said he couldn't remember being stopped by

gardai
However, he admitted he wasnt hopeful it would happen.
He said: I dont expect the Minister to stand down.
I dont expect the Taoiseach to get up and say he has lost
confidence in him.
The Taoiseach continues to support him 100% and he will
continue to do so. It is clear the people of Ireland have lost
confidence in the Minister for Justice.
He claimed Mr Shatter had abused his office to score
cheap political points but it had come back to haunt him.
Mr Wallace added: He challenged the Commissioners
findings it was one excuse after another.
But I think the minister feels he should be above the law
and that the Minister for Justice shouldnt be held
accountable.
The minister, given that he is a lawyer, knew what he was
doing.
He was using information he got from the Commissioner,
albeit in a legal fashion.
For the minister to use it to score political points and
undermine my argument with regard to the fixed charge
notice is politicising the issue.
It is using information for his own personal use in an
unfair manner.
The Government looks set to back Mr Shatter over the
debacle but with a series of reports on Garda-related
issues coming down the line, it is shaping up to be a
few tough months for the minister.
A report by John Cooke into bugging of Garda
Ombudsman offices and an inquiry into Garda
malpractice by Sean Guerin are due to land on the
Cabinet desk in the coming days.
The incident occurred on RTEs Prime Time on May 16
last year, when Mr Shatter revealed Wexford TD Mick
Wallace had been cautioned by gardai for using his
mobile while driving.
Following a complaint by Deputy Wallace, Data
Protection Commissioner Billy Hawkes has determined
that Mr Shatter is guilty of breaching the legislation in a
draft decision, due to be issued later this week.
On the episode of Prime Time, Mr Shatter and Mr
Wallace were discussing the issue of Garda discretion,
in relation to the penalty points scandal.
Mr Shatter said: As Deputy Wallace knows, even
without issuing a ticket the gardai exercise discretion.
Deputy Wallace himself was stopped on a mobile
phone last May by members of An Garda Siochana and
he was advised by the garda who stopped him that a
fixed ticket charge could issue and he could be given
penalty points.
But the garda apparently, as I am advised, used his
discretion and warned him not to do it again.
Taoiseach Enda Kenny and ex-Justice Minister Alan Shatter
are set to clash after a spokesperson for the Fine Gael leader
said he had no plans to correct Dil comments he made about
the garda whistleblower controversy,writes Fiachra
Cionnaith, Political Reporter.
In a statement issued after the publication of the O'Higgins
Report this morning, Mr Shatter said he has been "vindicated"
and that the 363-page document proves he did nothing wrong.
The former Justice Minister - who was forced to resign over a
number of garda controversies in 2014 - said the report
contradicts the previous Guerin report, and that he now
expects Mr Kenny to "correct the Dil record" and remove the
earlier document from circulation.
"If the Government, as it must, accepts the O Higgins
correct the Dil record," Mr Shatter's statement read.
"The Government also has a duty to ensure the now

Guerin report are acknowledged to be in error and corrected,
and that the report is withdrawn from circulation in its present
form."
However, speaking to reporters at a post-Cabinet briefing this
afternoon, a spokesperson for Mr Kenny said the Taoiseach
has no plans to correct comments he made in the Dil about
Mr Shatter or to contact the former TD.
Asked if a Dil correction will take place, the spokesperson
said: "The Taoiseach's comments were based on the Guerin
report of the time."
He confirmed Mr Kenny has no plans to contact Mr Shatter
about the issue at this stage, but added: "He's never turned
down a phone call."
Full statement from Alan Shatter:
I want to thank Mr Justice Kevin OHiggins and his team for

the manner in which the Commissions investigation was
conducted, their careful and thorough approach to establish
the truth and to ensure the application of fair procedures.
I welcome that the OHiggins Commission, having conducted
an independent sworn statutory Commission of Investigation,
has concluded that, when Minister for Justice, I took very
seriously the complaints and allegations of 23rd January
2012, made by Sgt Maurice McCabe through the Confidential
Recipient and that there were compelling considerations
which justified my response to them.
(These are detailed in Para 13.123 & 124 of the Commissions
Report). Contrary to the Guerin Reports assertion that I failed
to heed the voice of Sgt McCabe, I also welcome that the
OHiggins Commission found that I had very substantial
concerns about Sgt McCabes complaints and that at all times
I dealt professionally, promptly, reasonably and
appropriately with them.
Moreover, contrary to the Guerin Report, the OHiggins
Commission also found that I was intimately aware of the
relevant applicable legislation, as were officials in the
The OHiggins Commission also rejects the contention of Sgt
McCabe, given credence in the Guerin Report, that in my
initially seeking a report from the Garda Commissioner on the
serious allegations made by Sgt McCabe I was asking the
Commissioner to investigate himself.
The Commission concludes that my doing so was an obvious,
prudent and sensible thing to do and had I acted otherwise I
would have been open to justified criticism.
I further welcome the conclusion that I cannot be faulted for
not taking further action concerning a request for an inquiry,
made in September 2012 by Sgt McCabes solicitors, in
circumstances where Sgt McCabe continued to assert a claim
of confidentiality over relevant correspondence and
enclosures.
The Commission acknowledges this prevented the obtaining
of observations from the then Garda Commissioner as a
preliminary step before deciding whether to establish such an
inquiry.
In fact, the Commission finds that my personal input in
seeking to resolve this difficulty displayed personal and active
concern on my part.
I am relieved that the truth has been established and that the
OHiggins Commission unreservedly accepted my evidence
that I never held views, opinions or attitudes wrongly
attributed to me by Mr Oliver Connolly, the former Confidential
Recipient and recorded and transcribed by Sgt McCabe.
These got widespread currency and resulted in substantial
controversy.
The Report states that my evidence on this matter was
unchallenged and uncontradicted in the hearing before the
Commission.
Both Sgt McCabe and Mr Connolly were present and legally
represented at the relevant hearing.
One of the matters of major concern was the alleged Garda
failings preceding the appalling murder of the late Sylvia
Roche Kelly in 2007.
Charges made against me of ignoring the concerns of Sgt
McCabe connected to this tragic event have now been
independently established to be unfounded.
The OHiggins Commission acknowledges that I was aware
that a complaint had been made by Mr Lorcan Roche Kelly to
GSOC which was engaged in an independent investigation
into what occurred.
The Commission describes GSOCs investigation as thorough
and necessarily lengthy with certain aspects ongoing.
It is very regrettable that Mr Roche Kelly, prior to my
appointment as Minister for Justice, as the Commission finds,
was not well served by the fact that a considerable period of
time elapsed in GSOC deciding whether it or An Garda
Siochana on its behalf should conduct the required
investigation and due to some confusion within GSOC as to
the relevant statutory provisions.
In short, the findings of the OHiggins Report, like the earlier
Cooke and Fennelly Reports, have unequivocally established
that, when Minister for Justice, I dealt properly and truthfully
with Garda related matters that gave rise to substantial
controversy in the Spring of 2014 and many false allegations
by opposition politicians, including Micheal Martin, the Fianna
Fail leader of the opposition.
The conclusions of the OHiggins Commission totally
contradict and are incompatible with the adverse findings
made against me in the Guerin Report.
The OHiggins Commission rightly praises Sgt McCabe for
highlighting deficiencies in investigations, failures in
procedures and practices, and poor conditions in Bailiboro
Garda station.
It records that eleven, but not all of his complaints had
previously been upheld by the internal Garda Byrne/McGinn
Investigation concluded in 2010.
Some of the complexity of dealing with issues raised by Sgt
McCabe is derived from the fact, as found by the OHiggins
Commission, that he is prone to exaggeration at times.
In this context, the Commission records that some of his
complaints have been upheld by it whilst others have proven
to be overstated or exaggerated.
Some of a very serious nature were determined to be without
foundation or any evidence or unreasonable.
A number of complaints of long duration were withdrawn
during the course of the Commissions hearings.
The Commission found there was not a scintilla of evidence
for his hurtful allegations that former Garda Commissioner,
Martin Callinan, was guilty of corruption and arranged to have
a Superintendent placed on a promotion list, this being the
primary complaint received by me as Minister on 23rd January
2012 which was at the foundation of allegations made by
Michael Martin on the Dil plinth and later in the Dil Chamber
in February 2014.
What the Commission also described as hurtful allegations
of corruption made against Asst Commissioner Byrne, Chief
Superintendent Rooney and Superintendent Clancy and an
implied allegation against Superintendent Cunningham were
all also determined to be unfounded.
Of course, these allegations of corruption should never have
been made.
Garda related events in which I was engaged, when Minister
for Justice, which gave rise to substantial public controversy
have now been examined by three different independent
retired judges of our Superior Courts.
They have irrefutably established that serious charges and
accusations made against me, both inside and outside the
Dil, were entirely untrue.
For over two years, I have had to live with the public
opprobrium, criticism and abuse they generated. I hope that
with the publication of the OHiggins Report, I can now move
on to a new chapter.
It is clear from the OHiggins Report that the Garda failings
identified in it occurred well before my appointment as Minister
for Justice, at a time when Micheal Martin was in Government.
It is now for Micheal Martin to explain why, in February 2014,
he chose to ignore that all of the matters detailed in Sgt
McCabes letter of 23rd January 2012, save for the allegations
of corruption against the Garda Commissioner, related to
events that occurred in 2007/2008 when Fianna Fail was in
Government, and why he chose, together with his Fianna Fail
colleagues, to accuse me of undermining the administration
of Justice in the State and to target me with a torrent of false
allegations about my conduct as Minister for Justice.
The truth has now been irrefutably established. Now that we
are in the era of new politics, I hope that Michael Martin and
all of my accusers, then in opposition, will now reflect on how
they dealt with these matters and withdraw on the Dil record
the false allegations they made.
Before my resignation and in my resignation letter and also
following publication of the Guerin Report in engagements
with the Taoiseach and, later, on 19th June 2014, in the Dil
Chamber, I disputed the approach of Mr Sean Guerin SC in
the conduct of his Inquiry.
Both in my engagements with the Taoiseach and in the Dil
Chamber, I disputed his findings against me.
My concerns were entirely ignored by the Taoiseach and my
Dil contribution was not only ignored by all sides in the Dil
Chamber, including the Minister for Justice, but also ridiculed
and criticised by some commentators.
The Guerin Report was laid before both Houses of the
Oireachtas, its flawed conclusions and opinions were
accepted in full by the Government and the Taoiseach put on
the Dil record its adverse conclusions concerning my conduct
as Minister for Justice.
If the Government, as it must, accepts the OHiggins
correct the Dil record.
The Government also has a duty to ensure the now
Guerin Report are acknowledged to be in error and corrected
and that the Report is withdrawn from circulation in its present
form.
These are important issues of relevance to standards in public
life, fair procedures and the importance of truth in politics.
I will be writing to the Taoiseach on issues of relevance and
importance following on from publication of the OHiggins
Report and seeking a substantive response.
At a glance: the Guerin

report
The 336-page report into Garda misconduct allegations
digested
Sat, May 10, 2014, 01:00
Carl O'Brien
Martin Callinan: Report found his response to Sgt Maurice McCabes
allegations was inadequate. Photograph: Niall Carson/PA Wire
BackgroundThe Government commissioned barrister
Sen Guerin to review allegations of Garda misconduct by
whistleblower Sgt Maurice McCabe in February last year.
GSOC_Annual_Report_2014 GARDA SIOCHANA OMBUDSMAN

COMMISSION 9tH ANNUAL REPORT
https://www.gardaombudsman.ie/docs/publications/GSOC_Annual
_Report_2014.pdf
Delayed inquiries deny

justice
September 16, 2014 2:38 pm
GRA General Secretary PJ Stone

Four months on from the publication of the Guerin Report, there is
(at the time of going to print) no indication of the terms of
reference, or who will comprise the inquiry to have been
established in order to fully investigate the allegations of garda
malpractice made by Sergeant Maurice McCabe detailed in the
report. The impact of the allegations made by the garda
whistleblower prompted the resignation of the former justice
minister Alan Shatter, perhaps too the retirement of former garda
commissioner Martin Callinan and the dismissal of the former
confidential recipient. This highlights the serious nature of this
inquiry.
Overlooked by the media has been the impact on those perceived
as lower down the pecking order the adverse effect it has had
on those garda continuing to serve with their reputations tarnished
by a one-sided report detailing allegations like punches thrown.
Allegations are not established facts. These garda have yet to be
allowed to present their side of the story. The same is true of other
whistleblower allegations made in Athlone, where the member has
been identified on social media and yet is still denied the
opportunity to respond through an undue delay of the official
investigation. Above all, this shows a fear by those in authority of
these untested processes and this needs to be examined.
We are increasingly concerned that our members have been
maligned by allegations that have yet to be tested, and we believe
that the inordinate delay may be because those in the political elite
have been caught in the headlights perhaps bamboozled into
thinking they were on a winning team before the full nature of
soured relationships became apparent. All cannot be what it
seems.
The Guerin Report is all about the allegations one man has made,
and everyone has taken it as doctrine. We dont understand this. It
appears that everyone has taken the allegations at face value, and
they have been reproduced throughout the media. In the Bailieboro
cases, why has no one asked why one man made secret
recordings of his conversations? Is everyone running scared
because the minister, the commissioner and the confidential
recipient have tumbled or is our society sleepwalking itself into a
situation akin to the emperors new clothes? Who will be the first to
say stop?
Perhaps unwittingly, both sets of whistleblower allegations have
been unchallenged and amplified as a consequence of
government paralysis. Their blind acceptance and repetition may
cause further casualties in the political elite or may cost someone
a significant sum of compensation. That aside, the damage done
to junior members of the Force is incalculable. Some will have to
fight harder for career development to overcome the prejudice they
will have attached to their name after such a spell has been cast;
an indelible stain has unjustly marked their professional reputation.
For some, the damage done is far more personal. Some members
have had their confidence checked; others are now seemingly
irreparably disillusioned. This is unjust. They must be allowed their
voice.
Now is the time to blow the whistle on this
ill-managed episode and restore public
confidence. Not everyone will emerge
unscathed by the truth; but the truth
seldom harms the honest.
Have no doubt about it, policing is a job for the mentally tough. It is
widely acknowledged that members of An Garda Sochna are
expected to deal with an increasing number of potentially traumatic
incidents than at any time in recent history. Ireland has become
increasingly violent with little or no value placed on life by some
sections of this society. The sheer number of recent gangland
murders in the capital is evidence of this; if any were needed.
Members of An Garda Sochna will generally be the first
responders to these incidents; going about their business in a
professional manner, being considerate and compassionate or firm
as the situation requires. All of this can take its toll, even on the
mentally tough.
Increased gangland activity along with a stubbornly high rate of
suicide has had the effect of greatly increasing the possibility of a
member encountering a potentially traumatic incident. This
increase is in addition to other potentially traumatic incidents for
members such as of fatal or near fatal road traffic collisions,
incidents of rape or sexual assault. The list of potentially traumatic
experiences is limitless, as none of us knows all of the past
experiences of a fellow member (inside or outside the job) or what
might trigger an unpleasant memory or response from them during
or after a given situation. In my experience, and to their great
credit, colleagues have always used these past experiences to the
benefit of victims and their colleagues, using lessons learned in
their own life to empathise, understand and deal with the situation
a little better.
Many people take to the gym to practice techniques and lift
weights in a bid to build a stronger physique. Whilst developing a
faster punch and a chiseled six-pack, they often ignore the most
important part of training; the mental workout. Of course, physical
training is very important and beneficial; though never as important
as building mental strength.
Building a strong mind takes time; some minds will be further down
the road than others. Having an understanding of why and how we
have these cocktails of emotions will erase some of the fear of fear.
Understanding the mechanics of adrenaline release will take away
some of its impetus. When we anticipate danger, we all experience
this unpleasant, strong emotion often referred to as flight or fight
syndrome. This is genetically hard wired in all animals and
humans. Its part of our survival mechanism; a primal instinct that
has kept our species alive since day one and kept us at the top of
the food chain. Having a clearer understanding will greatly help us
to deal and cope with these physiological changes.
The saliva glands will temporarily shut down causing a dry and/or
pasty mouth. In todays society, this is a common side effect
experienced by those who are expected to give a public speech;
think of the best man at the wedding, watch him move his food
around the plate, his meal will be picked at or completely avoided.
To our hunter-gatherer ancestors the dry mouth served a different
purpose modern man is no different. When we chew, saliva is
excreted into the mouth, enzymes within the saliva helps us to
breakdown and absorb nutrients within the food.
Many will have experienced a nervous or audible tremor when
speaking in public. The anticipation of the quivering voice has
halted many people from stepping out of their comfort zones. It
says to anyone in any language, that you are scared. In a
potentially threatening situation this could be your downfall and
needs to be controlled.
Those who experience it will often become monosyllabic and have
difficulty stringing a sentence together. This is because blood is
drawn away from certain areas of the brain and pumped to major
muscles in preparation for flight or fight; hence the reason for the
saying he was as white as a sheet. (pale face).
Tunnel Vision
For modern man this can be a help or a hindrance. Positively, it
can help because it enhances your concentration. Negatively, it
distorts our peripheral vision. Sadly, this is often why people get
knocked out on the street. When faced with an aggressive predator
our peripheral vision will be impeded as we focus on the threat
directly in front of us; the victim often being sucker punched and
never seeing it coming. Street thugs often use this to their
advantage when setting up the pincer approach.
Sweaty Palms
Sweating from your palms often happens when we are anxious or
anticipate danger. In fact, we sweat from many areas of the body
when stressed but the palms are often the most obvious due to
excessive rubbing of the hands. This is another side effect of
adrenaline release and occurs to cool down our core temperature
which rises rapidly in the face of danger. Other body language is
often displayed in an attempt to cool down; splaying of the arms,
as if carrying two basketballs under your arms to allow the sweat
glands to open. This is often observed in the pre-fight ritual when
two men face off splaying of the arms combined with pushing the
chest out to appear bigger.
Bowel Loosening
Digested food and fluid is no longer needed and is expelled (often
rapidly) depending on the (perceived) level of threat. Again the
uneaten (best mans) meal at wedding is a good example. The
amygdala doesnt distinguish between the sabre-tooth tiger or
public speaking; its a matter of perspective.
Auditory Exclusion
Many people who I have trained over the years have told me about
the temporary loss of hearing theyve experienced when attacked. I
have also experienced this myself while competing in kickboxing
tournaments. We see and hear with our conscious brain. This
means that the visual cortex and audible cortex have to take turns
to process information. When trying to function under extreme
levels of adrenaline stress, audible information is often muffled,
dulled or completely shut down. When the heart rate rapidly
increases, this causes blood to rush through the eardrums (as well
as many other parts of the anatomy). The speed at which it travel
is so great that it cancels out what the person is hearing.
The Denial Response
This is often seen in extreme circumstances. A teenage girl I
interviewed a few years back described horrific details of a sexual
attack upon her. As the assailant pinned her to the ground she
recalled how she said to herself, I could stick the point of my key in
his eye, but immediately thought she could never bring herself to
do such a thing. When in fact she had already actually done it,
simultaneously gouging his other eye with her thumb. Thankfully
this facilitated her escape.
Total Acquiescence
When large amounts of adrenaline are released within the
bloodstream, it is often shocking, nauseating and misunderstood.
When this happens it can evoke feelings of helplessness and
abject terror. Many victims of abduction have experienced extreme
fear of being raped and/or murdered. Complete hysteria or the
freeze syndrome may also occur. Victims who have experienced
these extremely traumatic situations often submit to their attacker
because of this overwhelming explosion of emotions.
Adrenaline Release (fast and slow)
Slow secretion of adrenalin is more commonly experienced.
However, it goes without saying that everyone will have
experienced this on a daily basis. While recently teaching
members of Dublin Fire Brigade, many members described to me
how they always get a drop of adrenaline each time the alarm bell
sounds. This can happen dozens of times during a shift.
Those with a more sedentary occupation may also feel a slow
trickle of adrenaline when they think about asking the boss for a
promotion or if someone cuts them off in traffic and yells at them
out of the car window. Going to the dentist, a dispute with a
neighbor, an upcoming exam; all can evoke slow secretion of
adrenalin.
While adrenaline can add speed and strength to the bodys
responses, it can also have an anaesthetic effect while dulling
pain. The adrenaline dump also cause sensations very similar to
those of real fear. Consequently, many people will freeze when
they experience this.
Real fear is involuntary and happens when we are in pure survival
mode. Cortisol levels will also be greatly increased during this time
which helps to coagulate the blood in preparation for an attack on
the soft tissue. Many people I have spoken to say they did things
they dont believe they had any control over and could never have
prepared for such an event. Many areas of the brain are activated
immediately, the amygdala, thalamus, hypothalamus and midbrain
functions increase and basically say to the body, well take over
from here.
We must first acknowledge and accept that we all have feelings of
fear. One of the biggest obstacles I come across when teaching
(particularly men) is that the majority I meet are too scared to admit
they are scared. My belief is the harder the exterior, the weaker
the interior- fear of fear, if you will.
The bad news is that fear never goes away. But thats good. We
can learn to manage our fears in many ways. My own personal
experience; there is no better way to overcome and manage fear
than fear exposure itself.
Thankfully, members themselves and management at An Garda

Sochna have come to recognise that members, tough as they
are, can sometimes require a little help. Formalising of the peer-
support role was a welcome advance, although I personally feel
most members get peer-support from whoever they are close to on
their own units rather than the person necessarily nominated and
trained; often a quiet word with someone whos been there before
can be enough to get over these incidents.
The garda employee assistance officers or welfare officers also
play a fantastic role in offering support to members who may be
struggling in the aftermath of a traumatic experience, but outside of
obvious headline crimes, these officers do rely on the assistance of
members and management to let them know if someone may need
their help. I can still recall nearly a decade ago receiving a call
from an employee assistance officer who was determined that we
meet face to face for a chat. I assured him over and over that it
was unnecessary but he was determined and broke me in the end.
We had a coffee and a brief chat and I have to admit I was
impressed by how at ease he made me feel. At the end of the
meeting I assured him that I was fine and that I would, of course,
get back in touch if I needed anything. I admired his persistence as
I think in some cases a phone call would not be enough to gauge
how a member is feeling whereas a lot more can be achieved from
a face to face meeting.
The recent launch by Commissioner OSullivan of a 24/7

confidential Counselling Service for staff of An Garda Sochna
should rightly be heralded as a huge step forward in this area. The
free, over the phone service will offer immediate access to
accredited counsellors to members who may be struggling in their
personal or professional lives. This service can also provide some
face to face counselling if it is required. I would urge anyone who
may be struggling but worried about issues of confidentiality to use
this service.
In May 2007, while still a probationer, an incident occurred which
has greatly affected myself and my family. My younger brother
Sean was stabbed to death while celebrating his graduation from
secondary school. To describe this crime as an incident, as I have
just done, seems not to pay it the seriousness it requires. To
describe receiving the news as earth-shattering would be more
appropriate. But it is still an incident from a policing perspective
and as professional police officers my colleagues investigated it
appropriately. The members who investigated this crime will not
know the pain of my family, the pain of an untimely funeral,
birthdays missed, of anniversaries observed and of the great void
left by that missing guest at my up-coming wedding. Nobody could
understand our pain. But then I thought again. My grandfather says
we all have a cross to bear through life; the heartbreak we suffer,
the people we lose, the dreams we leave unrealised. Though some
must carry more weight than others and some seem more suited to
carry it; we all know suffering.
Many years later I was giving evidence at the Coroners Court, in a
case with entirely different facts to that of my brothers case. I
hadnt been reminded or felt particularly affected by the case up to
this point. It was undoubtedly sad but it hadnt affected me
emotionally. However, when I met the deceased mans mother her
pain reminded me of the pain of my own family and stirred long
dormant feelings of loss and sadness. I was able to get through the
hearing and perform my duties and was proud of how
compassionately I had treated the deceaseds family but the
incident had a profound effect on me. I became far more aware of
my own wellbeing from that point on and was determined not to
take it for granted.
As I have asserted, I have no doubt that to be an effective police
officer a person must be mentally tough. But this toughness does
not include denying when we are in pain or refusing help. The
toughness I am talking about is carrying on, being resilliant, doing
the best job we can do in trying circumstances and taking care of
ourselves so that we can be the best, most well developed police
officers and individuals we can be.
Members of An Garda Sochna must investigate crime
professionally but bear in mind this can be a life changing
experience for those involved in the case, and members, while
considering their own wellbeing should draw on their own life
experiences to offer a compassionate as well as professional
service in particular to vulnerable victims.
We all suffer in life and every member of An Garda Sochna will
witness more than their fair share of pain and suffering, of death
and loss but the challenge has to be to remain compassionate and
to use our own experiences to give strength to our colleagues and
to ourselves. The organisation is blessed that it can draw on so
much collective experience both professional and personal and our
challenge must be to use this experience in the best possible way
while also protecting ourselves and our colleagues from undue
harm by making the appropriate supports available to them.
http://www.gardareview.ie/index.php/delayed-inquiries-deny-
justice/
Due process and

presumed innocence?
Not for a garda
February 12, 2014
When it comes to basic human rights for
gardai, its one rule for them and another
for everyone else says John OKeeffe.
I could probably highlight a serious garda injustice every week.. On
balance I, and this magazine, must highlight the cases where it is
felt that not only was a grave disservice done to a garda or garda,
but to the force as whole and society. This following is a classic
such case.
Lets get one thing out of the way first shall we? The P word
pepper-spray. It appears that both the Garda Sochna
Ombudsman Commission (GSOC) and a section of a misguided
and nervous public, seem to imagine that this part of a gardas
self-defence shield, is a weapon of mass destruction. It was ever
so. When An Garda Sochna was first formed, some voices at the
time expressed concern as to whether members of the fledgling
service should even carry a baton.
Pepper-spray is certainly an inflammatory agent and should always
be used according to protocols and guidelines. Its effects are well
established, including immediate closing of the eyes. On average,
the full effect lasts for a maximum of 45 minutes.
A study from The Journal of Investigative Ophthalmology and
Visual Science found that single exposure of the eye to the spray is
harmless and they also found no lasting decrease in visual
strength from its application. Put simply, pepper spray neutralises a
violent arrestee so that they may be brought to custody thus
avoiding injury to themselves, the police officer or members of the
wider public. Incapacitants are preferable to a baton in many cases
to avoid injuries.
Police forces around the world must follow strict protocols as to
when and how pepper spray should be used. Once these are
followed as each situation dictates then the arrest of a violent
individual should always be a lawful one. But this is Ireland where
not only may garda be brought to account once for its use, but
twice if the right result isnt forthcoming in the first instance.
Retired Judge Michael Patwell highlighted a pepper-spray case in
question most recently. Garda Brendan Dowling and Fiona
Sheehan were both charged with using excessive force when
pepper-spraying a 16-year-old youth during an arrest in Cork in
May 2012.
Perhaps we should know a little more about this teenager before
rushing to judgment? He admitted in court under oath that he was
drunk at the time and that he would happily lie to protect friends.
He had 22 previous convictions, including assault, threatening and
abusive behaviour and failing to follow Garda instructions. Indeed
he had managed to accumulate six convictions since the incident
in question. He had admitted to being the ring- leader of a violent
and sustained attack by a gang of youths on the occasion of his
arrest. His own mother described him as an absolute gurrier of the
highest order. Now that you have a fuller picture of the sort of feral
savage at play, I can advise you that he was pepper-sprayed by
these garda after he began head-butting the window of a garda
car. Surprising? Perhaps the only surprise was that the garda had
as much restraint as they did in the light of the offender before
them.
As is the way of such persons, the offender then complained to the
GSOC and, subsequently the DPP directed that both Garda
Dowling and Garda Sheehan be charged with assault causing
harm to the teenager. Predictably, almost as soon as the hearing
began, the State withdraw the charges as, as far as the judge was
concerned, there there was no evidence he had heard, that
showed that the garda had used their incapacitant spray outside
the law.
Judge Patwell has highlighted one particularly worrying statement
made after this case by the GSOC. It is important to note,
however, that there was no verdict, as the prosecution was
withdrawn they stated. He was of course very correct to be
worried. The court held that there was no evidence of any criminal
wrong doing by either garda in the use of pepper-spray and yet the
GSOC issued a statement that ensures a cloud of suspicion still
hangs over both officers, notwithstanding the judges statement at
hearing.
A verdict was issued by any other name and yet the GSOC are
happy enough to abandon that small jurisprudential matter of the
presumption of innocence, by implying that since a strict verdict
was not handed down, the garda may still be guilty not innocent
as the fundamental cornerstone of our justice system demands
but guilty. You simply could not make it up. Furthermore, how the
DPP could have decided that the garda in question had a case to
answer in the first place, when the State subsequently gave the
hearing little more than two hours before withdrawing, is anyones
guess.
Now these officers must not only live with the remarks that have
tainted them by the GSOC, but they must also await potential
internal disciplinary proceedings proceedings that will arguably
also now be tainted by that which has gone before. Being a garda
in 2014 means not just getting assaulted by the criminal
community but by the DPP, the GSOC and seriously questionable
internal disciplinary processes. Every other citizen only gets
charged and tried once on the same matter if youre a garda, you
can expect to be beaten up as many times as the system can get
away with it.
This country has for some time now watched while its criminal
justice system has hurtled down the slippery slope of a mindless
liberal agenda. Caught in the stampede of righteous warriors and
bleeding hearts have been the men and women of An Garda
Sochna. In the unseemly rush to be seen to have institutions,
such as our police force, that are not above the law, we have
instead created a two-headed beast that now trample over the
human rights of these serving officers.
One rule for them another for everyone else. Citizen Sean or
Mary enjoys all the rights that we would expect in a modern day
democracy, yet Citizen Garda, becomes the sacrificial lamb for
those with a moderate education and a serious dollop of bitterness.
Read my lips everyone is innocent until proven guilty. There is no
nuanced version of this. It is very simple.
If only our own processes against those whom chose to protect
and serve us, were the same.
Report reaffirms right to

trade union status and
unique role
December 25, 2016 11:16 am
EDITORIAL: The Garda Representative Association received the

final Report by John Horgan and is examining the implications in
preparation for future negotiations towards new industrial relations
mechanisms in the garda sector. The Association had sought such
a Review for many years as the last significant appraisal was
held in 1979; and this was negotiated as part of the Haddington
Road Agreement and was due to be completed by 1 June 2014 but
was subject to inordinate delays.
The status of this Report has yet to be established. While the
findings have the potential to modernise garda industrial relations
and pay determination, we must also acknowledge that the recent
ad hoc involvement of the Workplace Relations Commission and
the recommendation of the Labour Court in the recent pay dispute
has overtaken much of the original brief. There is a significant body
of work still to be done to address those grievances and desires
that have been outstanding for several decades, but there is
positive movement towards modernising the industrial relations
available to us, and to afford garda the same civil rights as other
workers.
The Horgan Review does note that the number of garda has
decreased in the last eight years and this skewed the CSO
figures on average garda pay. Overtime for many garda has been
a necessity for the Force to remain operational. Unfortunately this
presents inflated earnings for those working long hours and extra
shifts that is not reflective of the national pattern. The findings do
acknowledge that overtime was not shared equally across the
Force.
To ignore optimum staffing levels makes other pertinent
calculations difficult; the level of personal risk experienced by each
individual garda, the increased workload and necessary overtime
required within an understaffed police force and the impact on
health, safety, efficiency and welfare at work. John Horgan does
note An Garda Sochna provides the citizens of Ireland with an
excellent police service by any standardThe members of An
Garda Sochna perform a difficult and often dangerous job that is
unique in Irish society and all its members deserve to be rewarded
appropriately.
The garda pension is in a sense deferred payment for work already
done. When members sign up in Templemore their pension
entitlement is part of their contract, and they contribute towards it
monetarily and through the risks that they take on behalf of the
people of this country. Not only are safety and welfare issues often
at the very base of their needs when facing imminent danger of
assault or the cumulative physiological effects of rotational shift
working it is the new smoking of occupational hazards. The
garda pension has often been curtailed early with many
members succumbing to critical illnesses resulting from
occupational hazards. This cannot be quantified but cannot be
discounted in any review of the garda pension scheme.
Horgan draws on the unique nature of police work and to draw An
Garda Sochna into line with modern norms and best practice
recommends that the Association should immediately plan to
become a registered trade union. Access to the WRC and Labour
Court should not be conditional on that decision, and makes it
clear from this Review that the criminal law and discipline
regulations should play no role in industrial relations.
The Association has sought trade union status since 1993; and in
the intervening years it has been repeatedly denied. Without the
full collective bargaining rights, including the right to withdraw
labour, members have been repeatedly abused by the civil power
utilising the codes and regulations of the Garda Sochna Act
2005. The Council of Europe/Eurocop decision has not been
addressed officially and this has clearly stated that garda should
be afforded the same civil rights as other workers.
We are still awaiting trade union status with the associated civil
rights including full collective bargaining, which includes the
freedom to strike. Members are aware of international ideas and
the civil, social and industrial rights afforded police officers across
Europe, Scandinavia, North America, Australia and New Zealand
has demonstrated how far behind Ireland is, and needs to catch
up.
For garda to be afforded equal status with other
public servants in the upcoming Public Service Pay
Commission [PSPC] this must include rights of
affiliation and the attendant freedom to withdraw
labour.
Lisbon Bound
(l-r): Gerry Quinn, GNDU; Liam Hogan (Tour De Force committee);

Enda Kenny, TD; Keith Duffy, ISPCC; Terry Brennan (Tour De Force
committee
John Twomey, Assistant Commissioner
An Taoiseach, Mr Enda Kenny TD launched the Tour De Force
Cycle 2015 with members of Tour De Force and their charity
beneficiaries for this year, namely the ISPCC/Childline, GROW
Ireland and the Laura Brennan Charitable Trust.
This years cycle will see members of An Garda Sochna and
friends begin their journey from North of Lisbon, in Sao Martin De
Porto, Portugal on September 20th 2015 and will finish five days
later after some 550 kilometres in Santiago De Compostela, Spain.
There are over 50 cyclists involved who have put in months of
training and fundraising to participate. Keith Duffy, an ISPCC
ambassador, is participating in this years challenge.
Tour De Force was born when members of An Garda Sochna,
who through their love of cycling, came together to raise much
needed funds for deserving causes. Since 1991, after some
74,000 kilometres cycled, they have raised almost 1 million.
http://www.gardareview.ie/index.php/lisbon-bound/
European Police Table

Tennis Championships
Views: 1232
Pictured the An Garda Sochna table tennis team at the opening

ceremony wearing the Irish team kit which was purchased with
sponsorship assistance from St Pauls Credit Union. (l-r): Garda Ian
Hutchinson, Garda Headquarters; Garda Stephen Joyce, Gort; Garda
Louise Long, Blackrock; Garda Ian Philips, Glenties; Sergeant Adrian
Flynn, Sligo; retired Superintendent Paul Moran, Press Office
The Garda team consisting of members from five divisions across
the country competed in the Union Sportive Des Polices DEurope
Table Tennis championships in Bulgaria recently.
The team had trained collectively in Athlone over the winter months
with Athlone Table Tennis Club under the guidance of Irish
international Karim Sabir.
The opening ceremony where each country has one member in
their police uniform is a very important part of the European Police
Championships. The honour to represent An Garda Sochna fell
to Garda Ian Philips of the Donegal Division.
The Garda team were drawn against France (pre tournaments
favourites) and Norway in the team competition.
The team of Garda Stephen Joyce, Sergeant Adrian Flynn and
Garda Ian Hutchinson had some great performances against the
French and Norwegian teams but lost out on qualification for knock
out stages.
(l-r): Sergeant Adrian Flynn receiving the inaugural Union Sportive des
Polices DEurope Award from Mr Harry Brungger, USPE Executive
Committee
The womens singles competition started on the same day and
Garda Louise Long had a superb performance to claim victory over
the much fancied Krasimira Telbis, from the host nation Bulgaria,
winning in straight sets. Next up for Long was French international
Caroline Petit.
Long stormed into a two set lead with aggressive confident play but
her very resilient French opponent refused to be put away. The
exertions of her first victory took their toll on Long and in the
intense heat of the Varna stadium the French player hung on in
which ended with Long narrowly losing in the fifth set.
The singles mens tournament started the next day and again the
Irish team acquitted themselves well with all players pushing
opponents with some nail biting contests going all the way to duce
and Sergant Adrian Flynn taking sets off Nikolaus Petrou, Cyprus
and Katalin Donchea, Romania.
The mixed doubles team of Garda Louise Long and Garda
Stephen English had a very credible performance, losing out to the
French team of Reynald Resse/Amandine Chintemi in the quarter
final in a very exciting match with the Irish team taking the first set.
However the vastly experienced French side eventually won out.
Both of the doubles mens teams of Sergeant Adrian Flynn/Garda
Stephen Joyce and Garda Ian Hutchinson /Garda Ian Philips had
excellent performances at this level of competition with Flynn and
Joyce losing in the quarter final to the Czech Republic team of
Martin Matejisek/Milan Borik, having pushed the Czech Republic to
duce eventually loosing 12 10 in the first set.
Overall the Garda team contested two quarter finals mixed and
mens doubles and ended with a team finishing ranking of ninth.
At this level of competition their performances are very
encouraging for the sport within Ireland and An Garda Sochna.
An Garda Sochna received a further honour when Sergeant
Adrian Flynn, at the final awards and closing ceremony, received
the inaugural Union Sportive Des Polices D Europe
Merit/Recognition/Fair play award for his involvement in USPE
European Police Championships in table tennis for 20 years.
The Garda Table Tennis Club would also like to thank St Raphaels
Garda Credit Union for their contribution to the Garda team.
http://www.gardareview.ie/index.php/european-police-table-tennis-
championships/
Garda Training Video - Pre-selection
physical fitness test
Sep 24, 2015
Example of the pre-selection physical test for potential
entrants to An Garda Sochna.
This is a training video created in the Garda College,

Templemore, Co Tipperary.
https://www.youtube.com/watch?v=uXo3roYoCUw
Probationer Garda Peter Clifford talks
about his experiences
Dec 22, 2015
With thanks to www.careersportal.ie, here is Probationer Peter
Clifford talking about his experiences as part of the recruitment
campaign.
https://www.youtube.com/watch?v=16JsptbuV-c
Garda Nan Hu
Jan 26, 2016
Interview with a member of An Garda Sochna giving advice
and sharing his work experience
https://www.youtube.com/watch?v=HKcQhlex0S4
Review of the Garda Sochna Act, 2005 Submission of IHRC
(Designate) to the Joint Oireachtas Committee on Justice, Defence
and Equality. 4 April 2014
https://www.ihrec.ie/download/pdf/ihrc_submission_to_review_of_a
n_garda_siochan_act_2005_by_oireachtas_committee_on_justice
_april_2014.pdf
THE EUROPEAN CODE OF POLICE ETHICS Recommendation
Rec(2001)10 adopted by the Committee of Ministers of the Council
of Europe on 19 September 2001 and explanatory memorandum
http://polis.osce.org/library/f/2687/500/CoE-FRA-RPT-2687-EN-
500
European Convention on Human Rights
http://www.echr.coe.int/Documents/Convention_ENG.pdf
GSOC-Annual-Report-2007 Letter from Brian Lenihan we present
to you our second Annual Report, to be laid before the Houses of
the Oireachtas, as prescribed by the Garda Sochna Act 2005.
https://www.gardaombudsman.ie/docs/publications/GSOC-Annual-
Report-2007.pdf
IRISH HUMAN RIGHTS AND EQUALITY COMMISSION BILL 2014 For
European Illegal Migrant Garda
http://www.oireachtas.ie/documents/bills28/bills/2014/2014/b2014d
-memo.pdf
DRAFT MINUTES OF THE 27th MEETING OF THE JOINT COMMITTEE
OF REPRESENTATIVES OF ... April 2009 . 6. Charter of Rights ...
Garda Sochna and Human Rights The IHRC .island of Ireland
http://www.nihrc.org/uploads/documents/nihrc-general/joint-
committee/joint-committee-27-meeting-minutes-april-2009.pdf.pdf
The Law on Surveillance in Ireland - and Human Rights ...
Compliance of An Garda Sochna, April 2010 Statement
Human Rights Compliance of An Garda .
THE CRIMINAL JUSTICE (SURVEILLANCE) ACT 2009:
AN EXAMINATION OF THE COMPATABILITY OF THE NEW ACT WITH
ARTICLE 8 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS
http://corkonlinelawreview.com/editions/2010/CRIMINAL%20JUSTICEBARRY.pdf
Sorry for the exclusive focus on our ongoing Court cases

folks - but it's clear that this case in Castlebar is helping to
expose some truly awful and sinister actions on the part of
those entrusted with the proper administration of justice..
Here is our pending appeal application to the Supreme
Court - the question is, will it ever get past the post?
http://www.integrityireland.ie/Whats%20going%20on
%20in%20Ca
Whats going on in Castlebar Courthouse?
(From the draft application to the Supreme Court)
http://www.integrityireland.ie/Whats%20going%20on%20in
%20Castlebar%20%20SC%20application%20%20p.pdf
Detail of the Irish Times 'case study' commentary on
Stephen's efforts to raise awareness of the 'common
informer' process where ordinary members of the public
CAN actually take direct private action against errant
authorities.
Caught red-handed, the only option 'they' have when

faced with the truth is to use even more underhanded
tactics to cover their tracks.. Right now that includes
criminal collusion and cover-ups by the DPP's Office, by
Courts Service Management and by 'certain named
Judges'; including denial of service due; failures and
refusals to respond to straightforward questions; and the
cowardly tactic of brass-necked stonewalling.. all the way
to the top! How much more of this do we need to see
Ireland?
In light of Stephen's contrived arrest and imprisonment
last week, and due to blatant stonewalling by the Courts
Service, the DPP's Office, by Garda HQ and by the Minister
for Justice, this urgent request for assistance vs 'political
policing' and criminal acts by agents of the State was sent
to all Dail Deputies and Ministers - and to 25 Senior
Judges. Two Deputies have responded so far..
http://www.integrityireland.ie/Dear%20Senior%20Judges
%20&%2
Dear Senior Judges & Dail Deputies Jan 27th 2017 x 3

http://www.integrityireland.ie/Dear%20Senior%20Judges%20&
%20Dail%20Deputies%20Jan%2027th%202017%20x%203.pdf
An update on Colm and Stephen's recent 'adventures' with
Judge Aeneas McCarthy (& Co) detailing some of the
outrageous abuses of Court processes being carried out;
the appalling liberties being taken with the law and the
Constitution; and the criminal dirty tricks being visited on
anyone who dares to speak truth to power.
One thing that I have learned in the last 6 years. If you want justice,
you have to fight tooth and nail for it. Even then, you aren't
guaranteed the right outcome. Far more cases need to be taken to
the EUCHR. One judgment by the ECJ, going way back to the 1950s
and several times since, is that ANY intrusion on the individual MUST
be tested for necessity before any statutes are relevant. That is one
of my arguments currently being considered by the Supreme Court. I
intend to insist on it's ratification here.
/react-text I went the ECHR in 2011. no luck.
Now, that is REAL efficiency for you! It seems they are in a

real hurry to jail Stephen. How many of us have been
penalised for NOT following the Court rules to the letter?
Yet Peter Mooney (the guy who we have PROVEN is
involved in perjury, fraud, defiance of a Court Order,
criminal damage, perverting justice etc etc) has just
bypassed all of the usual regulations to ensure that we get
'promptly dealt with' in Castlebar Circuit Court. A NOTICE
came to Stephen by registered post today - sent on
Tuesday - assigning the date of Friday Feb 10th for the
appeal before a single judge... Of course, it's just
happenstance that this sidestepping of the usual rules
(see below) will almost certainly prevent us from getting
the required papers into the pending Supreme Court
appeal next week.. where we have tried our best to get
the Supreme Court to step in and take action regarding all
of this criminal activity and harassment by agents of the
State..
District Court Rules:
[Form of notice, time for service]
1. Every appeal to the Circuit Court from a decision of the
District Court shall be by notice of appeal (Form 101.1 or
101.2 Schedule D) which shall be served upon every party
directly affected by the appeal within fourteen days from
the date on which the decision appealed from was given.
[Lodgment of notice]
2. The appellant shall, within the said period of fourteen
days, lodge the original of the notice of appeal, together
with a statutory declaration as to service thereof, with the
Clerk for the court area within which the case was heard.
No plea ever entered by Stephen; Legal Aid 'granted' but
then not allowed; applications for witnesses denied; Court
Orders defied by the State Prosecutor Vincent Deane; lies,
perjury, forged documents accepted by Judge Aeneas
McCarthy; evidence of serious criminal misconduct by
senior Gardai, Courts Service Staff and the DPP's Office
completely ignored - and then a quick switch-a-roo of the
hearing dates and bingo! Colm & Stephen are 'found
guilty' in their absence - WITHOUT even entering their
rock-solid defences - and have now received sentences of
two months each in jail from McCarthy - even though Colm
is undergoing heart surgery.... Absolutely ridiculous,
scandalous and revolting behaviour by yet another of our
highly-paid (criminal) District Court Judges, in collusion
with the powers-that-be. Criminal complaints and appeals
are of course being filed (again).. What next ireland?
http://www.integrityireland.ie/To%20SC%20in%20person
%20for%
The story of Stephen's unlawful arrest and detention has

been picked up by German, Dutch and British media.
Co. Mayo, Ireland: Questionable Arrests Continue

In precisely the same part of Ireland as the Dochertys faced much of
their worst lawless persecution, a local anti-corruption campaigner
has just been arrested in highly questionable circumstances.
UKCOLUMN.ORG
In precisely the same part of Ireland as the

Dochertys faced much of their worst lawless
persecution, a local anti-corruption campaigner
has just been arrested in highly questionable
circumstances.
In the Docherty family's litany of persecution in
Ireland, much of the worst conduct by garda
(police), social workers and court
figures emanated from County Mayo in the
north-west of the Republic in 2014-15. In
particular, they experienced great unlawfulness
while resident on Achill Island off the west
coast, a remote and partly Irish-speaking island
belonging to Co. Mayo.
As it would happen, anti-
corruption campaigner Stephen Manning of
Integrity Ireland was also a resident of Achill
Island for several years, and in the same
timeframe as the Dochertys experienced
similarly inexplicable persecution by local
authorities. Space does not permit the
rehearsal of his whole case here, which is
written up on the aforementioned website. The
below details are a mere fraction of what Mr
Manning has encountered. They are provided to
give readers a sense of how many of the same
techniques of judicial and public-service
lawlessness inflicted on the Dochertys have
been seen in other local cases when
embarrassment to authorities is at stake.
Mr Manning first encountered difficulties when
he rubbed up some established Co. Mayo
figures the wrong way, namely the Collins
brothers, second cousins to Ireland's Taoiseach
(Prime Minister) Enda Kenny, who happens to
represent Co. Mayo in Dil ireann (the lower
house of the Oireachtas, the Irish Parliament).
After years of frustration and stonewalling by
the statutory authorities, Mr Manning used the
unique provisions of Ireland's legal system to
appear as a lay litigant (i.e. prosecutor who is
not a lawyer), seeking private prosecutions
against those who he alleges have engaged in
criminal conduct against himself and his family.
While all common-law jurisdictions (although
with almost total restrictions in Scotland due to
the power wielded by the Crown Office and
Procurator Fiscal Service) provide for private
prosecutions, the Republic of Ireland's lay
litigant route to lodging court cases is
particularly effective. It arises from the historical
provisions for "common informers" and cannot
be abolished, as the Dublin Supreme Court has
upheld its provisions, but it provides such
means for embarrassment of the Irish
authorities that it seems Mr Manning has been
regularly targeted to prevent him from lodging
cases.
During the protracted harassment he faced on
Achill, Mr Manning was maliciously accused
(among other difficulties he faced) of
impropriety regarding the changing rooms of a
youth football club on the island, and has
cleared his reputation in two court cases on
that matter.
On 2 September 2015, a hearing in a case
involving Mr Manning broke down in disorder,
after which he found himself charged with
disorderly conduct, which he strenuously
denies. That case rumbles on to the present.
Crucial parts of the audio recordings (known in
the Irish court system as DAR) of the disorderly
incident miraculously "went missing", as has
happened in countless British police station and
courtroom cases, but somehow the garda and
Courts Service staff were able later to quote
verbatim in a Mayo courtroom exactly what had
been said, with precise timestamps, during the
crucial "lost" section of the fracas.
For this reason among others, all painstakingly
documented, Integrity Ireland has consistently
maintained that garda, and staff of the Courts
Service and of the Office of the Director of
Public Prosecutions, have perjured themselves.
Integrity Ireland also maintains that judges in
this and other cases have acted contrary to
their oath and to the common law which is so
prized in Ireland (for evidence from this week of
the flagrancy of abuse of court process in
Ireland, in an unrelated case, see Ben Gilroy's
latest video update).
It is Mr Manning's attempts during January 2017
to gain leave to appeal to the Dublin Supreme
Court which appear to have prompted the latest
series of steps against him. His newest court
documents name ODPP staff, a Garda
superintendent and Courts Service staff as
having demonstrably listened to the "lost"
recordings of the fracas in which he found
himself involved in 2015, and his attempts to
have those same officials take receipt of his
documents have been repeatedly thwarted,
with seven judges refusing point blank to
handle them, some even running out of their
chambers when approached by him.
Specifically, Mr Manning had very recently
announced to the Supreme Court his intention
to name Judge McCarthy in an alleged criminal
conspiracy against him which also implicated
officials of all three of the aforementioned
public institutions. His last action with the
Dublin Supreme Court had been an attempt to
have it issue an order to the Courts Service
directing the latter to cooperate with his
lawsuit, which named a registrar of the Courts
Service as having obstructed him unlawfully by
refusing to process his documents.
Having been given a court date of Thursday 26
January for his appearance in Castlebar, Co.
Mayo, on his supposed Section 6 public order
offence relating to the 2015 court episode, Mr
Manning went on a visit to Dublin last weekend.
He was called at 11 am on Monday 23 January
by Castlebar garda, demanding to know why he
had not turned up for his hearing, which they
insisted he had been notified would be held
that day and for which Judge Aeneas McCarthy
was "sitting right now". He insisted that he and
his fellow defendant in the Castlebar case, Colm
Granahan (together with whom he had
summoned a Garda in May 2015 to testify, who
had failed to appear in court for either of their
cases), had been given the date of this Thursday
for their appearance. Later in the day, he
returned to Co. Mayo.
Mr Manning was arrested at 5:04 pm on
Monday by garda at Ballyhaunis Railway
Station, Co. Mayo, on his return from Dublin.
The three policemen who approached him
arrested him for "contempt of court", a charge
which has been wide open to judicial abuse in
the Republic of Ireland for at least a generation
and which, uniquely among common-law
jurisdictions, now has precedents in Ireland for
being invoked when a judge is spoken to
civilly outside court buildings on the street.
The "contempt of court" arrest order, which was
signed by Judge McCarthy as a bench warrant,
related to Mr Manning's alleged failure to
appear at Castlebar Courthouse that same
morning. The warrant contains, as an
assertion of fact, the note that it had previously
been successfully served on Mr Manning and
that he had thus been legally subpoenaed. He
was held overnight at Claremorris Garda
Station. The garda took Judge McCarthy's word
against Mr Manning's that he had been notified
of the court date being 23 January.
"Warrants" and "subpoenas" served on Mr
Manning's fellow litigant Colm Granahan in
related matters have likewise been unlawfully
delivered or not at all. Irregularities with
warrants have reached epidemic proportions in
Ireland (as in all United Kingdom jurisdictions),
and the issuing of improper warrants by local
councils (a separate category of case from Mr
Manning's) has even been condemned by the
Dublin Supreme Court lately.
Mr Manning had recently accused Judge
McCarthy, in a writ for judicial review at the
High Court in Dublin, of the following:
Judge Aeneas McCarthy presiding in the said
case has;
(1) acted in excess and breach of his jurisdiction
as a District Court Judge;
(2) that the Respondent has failed to observe
constitutional and natural justice; and
(3) has likewise failed to act according to his
legal duty inasmuch as the following Articles of
the Irish Constitution and the European
Convention on Human Rights have been
breached, as well as the laws and principles of
common law and natural justice.
Calls to Claremorris Garda Station by journalists
in the Netherlands and Germany
yesterday morning regarding the lawfulness of
Mr Manning's detention were handled politely
but reticently.
Mr Manning appeared in Castlebar Courthouse
at 10 am yesterday (Tuesday 24th January 2017)
and was given a two-month custodial sentence,
suspended by means of making him sign a
recognisance. The conviction proceeded despite
his not having lodged a defence or even
entered a plea, and despite his not having Legal
Aid, which Judge McCarthy had given him one
hour (sic) to try to find. Mr Granahan was
sentenced in absentia at the same time. He
was unable to attend because he was
undergoing heart surgery that very day.
The Irish Examiner reported in 2011 that
Mr McCarthy was previously a
prominent criminal lawyer in Limerick in south-
western Ireland and that, once made a
judge, he was keen to sit in various district court
areas. This phenomenon of hypermobile Irish
district and circuit court judges has been seen
in the Docherty case (as noted in the transcript
at the first link above), as well as becoming
increasingly common in England and Wales in
politically sensitive trials. McCarthy is one of
surprisingly many "movable judges of the
District Court" listed nationally.
The first ever history of the Dublin Supreme
Court by Ireland's leading legal correspondent
Ruadhn MacCormaic, published late last
year, contains several passages describing the
blatantly party-political nature of the horse
trading which is often resorted to when Irish
judge slots are to be filled, such as the
following:
Political patronage was less of a factor the
higher up the courts chain a vacancy arose, but
at the lower courts, in particular the District
Court, lobbying was intense. Local solicitors
would contact their TDs [teachta Dla,
members of parliament], who would call or
write to ministers or their advisers to convey
the message. Candidates election agents would
seek preferment on the basis of their service to
the party. Family members of would-be judges
would turn up at weekend hurling matches,
where they would, supposedly by accident,
bump into a TD or a minister.
The Integrity Ireland project (which is
an Unincorporated Association, registered in
Ireland under Class 45: Provision of information
services pertaining to citizens' rights has
recently been named, along with Mr Manning
personally, as parties to an alleged 'defamation'
in a somewhat bizarre civil lawsuit undertaken
by another District Court Judge, James
Faughnan that has been widely discussed on
social media, in what appears to be a contrived
and technically unlawful attempt to silence
criticism of the Irish judiciary.
http://www.ukcolumn.org/article/co-mayo-ireland-questionable-
arrests-continue
January 16th 2017

OUR MISSION" (says the Courts Service website, is..): "To
manage the courts, support the judiciary and provide a
high-quality and professional service to ALL users of the
courts." ...is that so Mr Ryan? Similar NOTICES (to this
attached) are going out to the various 'authorities' today..
http://integrityireland.ie/To%20B%20Ryan%20CEO%20Jan
%2016th
This could be useful if used against corrupt courts.
Looks like a less cumbersome process than going to Irish courts.
FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN
PARLIAMENT Updating the handling of relations with the
complainant in respect of the application of Union law
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?
uri=CELEX:52012DC0154&from=EN
Anyone may file a complaint with the Commission free of charge

against a Member State about any measure (law, regulation or
administrative action), absence of measure or practice by a Member
State which they consider incompatible with Union law.
Stage is set for US
watchdog to create first
whistle-blowing
millionaire in Ireland
Anyone supplying a tip-off on
suspected corporate wrongdoing could
be in line for a huge payout under an
American regulatory scheme
Greg Glynn
PUBLISHED
01/01/2017
The US Securities and Exchange Commission has received 65 tip-

offs from people in Ireland. Photo: Reuters
Since 2012, the US Securities and Exchange
Commission (SEC), through its whistle-
blower programme, has received 65 tip-offs
regarding suspected corporate wrongdoing
from individuals in Ireland.
In that same period, over $111m (105m) in awards has
been paid to 34 whistle-blowers under the scheme.
Although the latest figures for 2016 show that tips from
Ireland are down slightly on last year, awards made to
those who do disclose continue to rise -with the potential
for a lucrative payout more real than ever.
With an award of more than $30m (28.4m) made to a
whistle-blower living in a foreign country in 2014 (the
largest award made by the SEC to date) - the stage remains
set for Ireland's first whistle-blower millionaire.
Dodd-Frank
The Dodd-Frank Wall Street Reform and Consumer
Protection Act became federal law in the US in 2010.
The Act recognises the valuable role whistle-blowers can
play in uncovering and prosecuting corporate wrongdoing
by offering significant financial incentives to encourage
whistle-blowers to come forward.
Under the Act, individual whistle-blowers who provide
"original information" on corporate wrongdoing to the
SEC, which leads to the wrongdoer being fined $1m or
more, are awarded between 10pc-30pc of the amount of
the fine.
Whistle-blowers can submit information alone or jointly
with another individual. The information must be
'original' (that is to say not known to the SEC from any
other source), and must come from the whistle-blower's
independent knowledge or analysis.
Significantly, the whistle-blower does not have to be an
employee of the organisation in question. The information
is submitted directly to the SEC's Office of the
Whistleblower, which was established by the Act to
administer the programme.
Whistle-blowing: The latest figures
There is no denying that, since its inception in 2012, the
programme has gone from strength to strength.
The Chief of the Office of the Whistleblower, in her
foreword to the 2016 Annual Report, describes the
'transformative effect' the programme has had on the
agency's enforcement activities.
The continued success of the programme is borne out in
the figures: in 2016 the information and assistance
provided by 34 whistle-blowers led to successful
enforcement actions in which more than $584m (554m)
in financial sanctions were ordered.
As in previous years, the number of tips received in 2016
continued to increase apace.
In 2012, 3,001 tips were submitted to the agency. The
figure for 2016 is 4,200, an increase of over 40pc. In
financial year 2016, the agency issued awards totalling
more than $57m (54m) - higher than all award amounts
issued in previous years combined. Six of the 10 highest
awards ever made were in that same year: $22m in
August; $17m in June; $5m-6m in May; $4m in
September; $3.5m in May and $2m in March.
Notably an award of $16.5m (15.6m), which would have
been the third-largest in the programme's history, was
turned down by an employee of Deutsche Bank in August
in protest at what the employee saw as a failure of the SEC
to punish executives at the bank for misstating the bank's
accounts.
The Irish element
The majority of the tips received still come from within the
United States. However, tips received from outside the US
remain steady. In 2016, the Commission received
submissions from individuals in 67 foreign countries.
Canada, the UK and Australia remain the largest source of
tips from outside the US, with 68, 63 and 53 submissions
respectively. Although tips from Ireland fell slightly last
year (from 20 in 2015 to 14 in 2016), the overall trajectory
since 2012, the first year for which records are available
and during which nine submissions came from Ireland, is
upwards.
The future
The 2016 Report indicates that awards under the
programme will continue to increase. As the Chief of the
Office stated, the SEC believes that "the continued
payment of significant awards, like those made this past
year, will continue to incentivise company insiders, market
participants and others with knowledge of potential
securities law violations to come forward and report their
information to the agency".
As US foreign direct investment in Ireland remains steady,
the potential for Irish individuals to engage with, and
potentially uncover incriminating information regarding
US corporations endures.
The fact that whistle-blowers do not have to be an
employee, or even an insider of the company that they are
reporting on, to be eligible for an award, further
underlines its wide availability to anyone with relevant
information on corporate wrongdoing to benefit.
Given this, and the increasing level of the lucrative payouts
for some informants, the stage remains set for Ireland's
first whistle-blower millionaire.
Greg Glynn is a partner at Arthur Cox
Arragh sure it never happened here its all based upon lies as
usual
http://www.independent.ie/business/irish/stage-is-set-for-us-
watchdog-to-create-first-whistleblowing-millionaire-in-ireland-
35331214.html
"GSOC legal bill increases five-fold!" Money Well Spent

advertise for 'additional resources'
39-Dec 28th 2016 to J Ellen Ring
http://www.integrityireland.ie/39-Dec%2028th%202016%20to%20J
%20Ellen%20Ring.pdf
GSOC legal bill increases five-fold!" Money Well Spent
advertise for 'additional resources':
http://www.integrityireland.ie/39-Dec%2028th
%202016%20to%20
we are all so proud of you standing up to ENDEMIC CORRUPTION in

this country and we will support you in court. In relation to the sad,
sad people which you are forced to deal with, if I may say a few
words about them. I read that in America that people with incurable
diseases are put into cryogenic suspension as we only have
advanced to the stage where miracles we can do at once the
impossible takes longer. The Gardai, the institutions , agents of the
state and I specifically bring it to your attention Ms Noreen
O'Sullivan and Francis Fitzgerald by their OWN OMISSION have
shamefully failed in their oaths of office which I personally feel is
utterly disgraceful. These sad, sad people are surly creatures of the
night, they cannot be indigenous to this world, they cannot be plant,
they must be robotic and again by their BLATANT FAILURES of their
mandates are only fit for the scrapyard. Luke Ming Flanagan
commented: In fairness you have to put up with mad people. Can
there possibly be a happy ending for the ordinary, good members of
Irish society that DESPERATELY seek justice when corruption is
ENDEMIC in this country.
the commercial but where is the justice
Now, they're trying to stop people handing out information
flyers about 'national issues' (i.e. scandals) that are
somehow being 'overlooked' by the mainstream media..
by invoking anti-littering laws of all things - in order to 'get
the names' of the dangerous subversives involved..
Know your rights and the law

Sep 21, 2013
Every week outside the G.P.O in Dublin various groups and
campaigns hand out leaflets to people passing by . For some
unknown reason this week 21/09/13 the city's litter warden
didn't like this but when challenged didn't have a lot to say
both himself and the Garda gave up and walked away .
https://www.youtube.com/watch?v=OAfe83dPf00&feature=share
Guard loses the plot and is put in his
place by Meter Mick
Aug 8, 2014
While discussing what we can and can`t do this guard decides
to raise his voice and shout and everyone. Meter Mick stepped
in and put him in his place
https://www.youtube.com/watch?v=fFa09ZGUKHQ
Garda sought access to hundreds of
private emails
Friday, March 22, 2013
By Noel Baker
Garda sought access to hundreds of personal emails and
other electronic accounts last year amid growing concerns
over the safeguards protecting privacy.
The first Microsoft Transparency Report, published
yesterday, found garda made 72 requests to the
technology giant relating to 222 different accounts.
In five cases, the contents of emails were provided to
garda, while non-content user information was revealed in
46 cases.
Separately, garda made four requests relating to seven
different Skype accounts no data was disclosed in
relation to any of these requests. In two other cases,
Skype provided general guidance to garda regarding the
procedures for accessing customer data.
Microsoft owns Skype and also operates Hotmail, its
successor Outlook.com, and Messenger, among other
services.
The report shows Ireland was one of five countries where
user content was disclosed the others were the US,
Brazil, Canada, and New Zealand.
Google received 34 data requests from garda in the first
six months of last year. Data was provided in just two
cases.
Digital Rights Ireland chairman TJ McIntyre said Justice
Minister Alan Shatter needed to clarify a number of
questions over Garda requests for digital communications
data.
He said the public needed to know:
*The legal basis on which the emails are being read;
*What safeguards are in place to provide oversight of the
process, such as ministerial warrant;
*What mechanisms are in place to ensure no abuses take
place;
*If legislation covering the interception of
telecommunications messages covered digital data and if
the law needed to be updated.
Mr McIntyre said it would be worrying if existing laws
allowed Garda access to email contents without any
outside scrutiny [neither a ministerial warrant nor a court
order being required] and without any judicial oversight.
It has never been the case in Ireland that people are
notified after the fact about surveillance even if it should
never have been carried out, said Mr McIntyre.
He said existing laws on intercepting communications
were drafted prior to the advent of email and therefore
might not cover digital communication.
He said if somebody found their email account had been
accessed by garda without good reason, they could bring
a case to the European courts under an existing legal
loophole.
While oversight exists at High Court and circuit court level
for phone taps, Mr McIntyre said he did not believe the
same level of oversight existed for digital
communications.
The Government has never come out one way or the
other, he said.
A spokesperson for the Department of Justice said it could
not address the questions raised by the report
http://www.irishexaminer.com/ireland/gardai-sought-access-to-
hundreds-of-private-emails-226189.html
Interception and Data
Retention Annual Report
2009/10
Jun 17, 2011 by TJ McIntyre
https://www.scribd.com/document/58099350/Interception-
and-Data-Retention-Annual-Report-2009-10#
Garda Letter to ISPs Requesting Blocking Mar 18, 2011 by TJ

McIntyre
https://www.scribd.com/document/51018185/Garda-Letter-to-ISPs-
Requesting-Blocking#
On the 2009 Act. So far as I can see the suggested amendments
were not made. My reading so far suggests that it is legal for
the Minister and Gardai to lie about surveillance - and indeed
one can see that it might not be much use if they were not. But
there is no effective oversight or route of complaint.
I. Introduction 1. The Irish Human Rights Commission (IHRC) is

Irelands National Human Rights Institution, set up by the Irish
Government under the Human Rights Commission Acts 2000
and 2001.[1] The IHRC has a statutory remit under the Human
Rights Commission Act 2000, to endeavour to ensure that the
human rights of all persons in the State are fully realised and
protected in the law and policy of the State. The IHRC seeks to
ensure that Irish law and policy set the standards of best
international practice. Its functions include keeping under
review the adequacy and effectiveness of law and practice in
the State relating to the protection of human rights, and
making such recommendations to the Government as it deems
appropriate in relation to the measures which the IHRC
considers should be taken to strengthen, protect and uphold
human rights in the State. 2. On the 19 November 2008, the
Minister for Justice, Equality and Law Reform (the Minister for
Justice) referred the Scheme of the Criminal Justice (Covert
Surveillance) Bill 2008 (2008 Scheme) to the IHRC pursuant to
Section 8(b) of the Human Rights Commission Act 2000. The
IHRC was in the process of finalising its Observations on the
2008 Scheme when the Minister for Justice published the
Criminal Justice (Surveillance) Bill 2009 (2009 Bill) on the 17April
2009. In pursuance of its statutory mandate the IHRC therefore
considers it appropriate to make observations and issue
recommendations on the 2009 Bill as published. 3. The IHRC is
pleased to note that some of the concerns that the IHRC had
relating to the 2008 Scheme have been resolved in the 2009
Bill. Overall the IHRC welcomes the 2009 Bill which provides the
necessary legal framework for surveillance activities. The 2009
Bill contains a number of vital and welcome safeguards, such as
the requirement for judicial supervision of an authorisation for
surveillance in most circumstances.[2] The 2009 Bill further
provides that in applying for or authorising the exercise of
surveillance powers the officer, superior officer[3] or District
Court judge as the case may be should be satisfied that the
surveillance is the least intrusive means available having regard
to its objectives, that the surveillance is proportionate to its
objectives having regard to the likely impact on the rights of the
person and that the duration of the measure is reasonably
required to achieve its objectives.[4] The IHRC warmly
welcomes these and further safeguards contained in the 2009
Bill. 4. The 2009 Bill applies to surveillance carried out by An
Garda Sochna, the Defence Forces and officers of the
Revenue Commissioners.[5] In the case of An Garda Sochna
the surveillance powers relate to the investigation of arrestable
offences, which are offences for which a person can be
punished by imprisonment for a term of five years or more. In
the case of both An Garda Sochna and the Defence Forces the
surveillance powers relate to maintaining the security of the
State. In the case of officers of the Revenue Commissioners,
surveillance powers relate to the investigation of revenue
offences as defined under section 1 of the 2009 Bill[6] which
are arrestable offences. 5. The IHRC notes that the 2009 Bill
does not apply to surveillance carried on by private individuals.
The Privacy Bill 2006 which has been at first stage in the Seanad
since July 2006, proposes that a tort would be committed
where a person wilfully or without lawful authority violates the
privacy of an individual by subjecting them to surveillance as
defined under section 1 of the Privacy Bill 2006. The IHRC notes
that the Privacy Bill has been delayed for some time before the
Houses of the Oireachtas. While it is outside the remit of these
present observations to comment in detail on that legislative
proposal, the IHRC urges the Government to advance legislative
reform to effectively protect the right to private life in a manner
that does not disproportionately impact upon the protection of
other human rights.[7] 6. The IHRC has a number of specific
concerns with the text of the 2009 Bill as published and in
making these observations aims to ensure that the 2009 Bill
complies to the fullest extent possible with Irelands obligations
under the Constitution and international human rights law. II.
Observations on the Criminal Justice (Surveillance) Bill 2009
(a) Definition of a Surveillance Device i. Relevant Provisions of
the 2009 Bill 7. Section 1 of the 2009 Bill includes definitions of
surveillance, surveillance devices and tracking devices. The
definition of a surveillance device is stated not to include an
apparatus designed to enhance visual acuity or night vision
where it is not being used to record any person; a CCTV within
the meaning of section 38 of the Garda Sochna Act 2005; or a
camera, to the extent to which it is used to take photographs of
any person or any thing that is in a place to which the public
has access. A tracking device is defined as a surveillance device
that is used only for the purpose of providing information
regarding the location of a person, vehicle or thing. ii. Relevant
Human Rights Law 8. Article 8(1) of the European Convention
for the Protection of Human Rights and Fundamental
Freedoms (ECHR) provides the everyone has the right to
respect for their private life, family life, home and
correspondence. Article 8(2) of the ECHR allows the State to
justify interference with these rights where such interference is
in accordance with law and is necessary in a democratic society
in the interests of national security, public safety, and for the
prevention of disorder or crime among other grounds. For an
interference to be regarded as necessary in a democratic
society, it should be proportionate to the legitimate aim
pursued and there should be adequate and effective
safeguards in place to prevent arbitrary interferences with
rights. 9. The Irish Constitution also protects the fundamental
rights of citizens in relation to, inter alia, privacy.[8] In Kane v.
Governor of Mountjoy Prison, the Supreme Court stated that
an individual has a right to enjoy privacy and that the absence
of a specific justification for surveillance could constitute an
infringement of his constitutional right to privacy.[9]
Furthermore, Article 40.5 of the Constitution protects the
inviolability of the dwelling providing that the dwelling []shall
not be forcibly entered save in accordance with law. In King v.
Attorney General, Mr. Justice Henchy stated that this phrase
meant []without stooping to methods which ignore the
fundamental norms of the legal order postulated by the
Constitution.[10] 10. A central test applied within
constitutional law is that any interference with an individuals
rights must be justified by demonstrating that the interference
is in pursuit of a legitimate aim and that the interference is
proportionate to that aim. The classic statement of
proportionality in the context of Irish constitutional law is to be
found in the decision of Mr. Justice Costello in Heaney v. Ireland
as follows: The objective of the impugned provision must be of
sufficient importance to warrant overriding a constitutionally
protected right. It must relate to concerns pressing and
substantial in a free and democratic society. The means chosen
must pass a proportionality test. They must: (a) be rationally
connected to the objective and not be arbitrary, unfair or based
on irrational considerations; (b) impair the right as little as
possible; and (c) be such that their effects on rights are
proportional to the objective.[11] 11. The concept of private
life is inherently broad and the European Court of Human
Rights (ECtHR) in particular has explored the definition of
private life as it relates to surveillance powers on a number of
occasions. The ECtHR has declined to give an exhaustive
definition of the concept of private life.[12] However, the ECtHR
has stated that there is a zone of interaction of a person with
others, even in a public context, which may fall within the scope
of private life.[13] Information gathered in the public domain
can fall within the scope of private life where it is systematically
collected and stored in files held by the authorities.[14] In P.G.
and J.H v. United Kingdom the ECtHR pointed out that there are
a number of considerations of whether a persons private life is
concerned in surveillance measures that take place outside a
persons home or private premises.[15] Since there are
occasions when people knowingly or intentionally involve
themselves in activities which are or may be recorded or
reported in a public manner, a persons reasonable
expectations as to privacy may be a significant, although not
necessarily conclusive factor.[16] Private life considerations
may arise once any systematic or permanent record comes into
existence of activities carried out by an individual in the public
domain.[17] 12. The monitoring of the actions of an individual
in a public place by the use of video equipment which does not
record the visual data does not as such give rise to an
interference with the individuals private life.[18] On the other
hand, the recording of the data and the systematic or
permanent nature of the record may give rise to such
considerations.[19] In Rotaru v. Romania and Amann v.
Switzerland the compilation of data by security services on
particular individuals, even without the use of covert
surveillance methods, constituted an interference with the
applicants private lives.[20] In the P.G. case, the recordings of
the two applicants voices in a police station and the
subsequent analysis of the voice sample was held to amount to
an interference with the right to private life notwithstanding
that it took place in a police station in the context of a police
interview.[21] In the case of Peck v. United Kingdom the
disclosure to the media for broadcast use of video footage of
the applicants suicide attempt which was caught on CCTV was
found to be a serious interference with the applicants private
life, notwithstanding that he was in a public place at the time.
[22] 13. In the case of Perry v. United Kingdom the ECtHR stated
that the normal use of security cameras per se whether in the
public street or on premises, such as shopping centres or police
stations where they serve a legitimate and foreseeable
purpose, does not raise issues under Article 8(1) of the ECHR.
[23] However, in that case the police regulated the security
camera so that it could take clear footage of the applicant in
the custody suite and inserted it in a montage of film of other
persons to show to witnesses for the purposes of seeing
whether they identified the applicant as the perpetrator of the
crimes under investigation. The ECtHR stated that the
permanent recording of the footage and its inclusion in a
montage for further use can be regarded as processing or
collecting personal data about the applicant.[24] The ECtHR
noted that the footage in question had not been obtained
voluntarily or in circumstances where it could be reasonably
anticipated that it would be recorded and used for
identification purposes and therefore concluded that there had
been an interference with right to private life under Article 8.
[25] 14. The use of cameras by the police to take photographs
to observe or record the presence or actions of persons in
public places has been considered under the ECHR. In Friedl v.
Austria the former European Commission for Human Rights
rejected an Article 8 complaint in respect of the police
photographing and retaining the photographs of participants in
a public demonstration.[26] In that case, the demonstration
was unlawful and the demonstrators had been advised of that
fact by the police and asked to leave before the photographs
were taken, the photographs had not been entered into a data-
processing system and the authorities had taken no steps to
identify the persons photographed by means of data
processing. However, it would seem from S and Marper v.
United Kingdom that the ECtHR may take the same restrictive
approach to the compilation and maintenance of a database of
photographs as it now does with fingerprints.[27] iii. Analysis
and Recommendations 15. CCTV cameras operated in
accordance with section 38 of the Garda Sochna Act 2005, are
excluded from the definition of a surveillance device. Section 38
of the 2005 Act empowers the Garda Commissioner to
authorise the installation and operation of CCTV for the sole or
primary purpose of securing public order and safety in public
places by facilitating the deterrence, prevention, detection and
prosecution of offences. Section 38 of the 2005 Act does not
specify standards around the operation of CCTV or the
purposes for which CCTV footage can be used but simply
provides that the Garda Commissioner in authorising the use of
CCTV can specify such terms as he or she considers necessary.
The Department of Justice has issued a Code of Practice for
Community-Based CCTV Systems which sets out in more detail
standards in relation to the purposes of CCTV, the processing
of CCTV images and access to and disclosure of images to third
parties among other issues. This is a non-binding Code of
Practice and compliance with its terms is to be monitored by
the data controller who is managing and operating the
system.[28] 16. As a general concern, the IHRC considers that
there is insufficient regulation and a lack of safeguards
surrounding the use of CCTV cameras for the investigation or
detection of offences in Irish law. The IHRC considers that
further regulation of this area is needed particularly where
CCTV is used for purposes that are not reasonably foreseeable.
17. The IHRC is concerned that a camera, to the extent to which
it is used to take photographs of any person or any thing that is
in a place to which the public have access, is excluded from the
definition of a surveillance device. As stated above, the
compilation and maintenance of a database of photographs
would appear to give rise to an interference with the right to
respect for private life. To ensure full compliance with Article 8
of the ECHR, the IHRC considers that activities such as
photographing persons where it is carried out in a targeted,
ongoing and repeated manner for the purposes of monitoring
and/or recording the activities of such persons should come
within the definition of surveillance in the 2009 Bill and should
be subject to the same safeguards as other forms of
surveillance. Recommendations: 18. The IHRC recommends
that the use of CCTV cameras should be further regulated by
law with adequate and effective safeguards concerning its use,
particularly where CCTV footage is used for purposes that are
not reasonably foreseeable. 19. The IHRC recommends that the
definition of surveillance under the 2009 Bill should be
extended to include the targeted, ongoing and repeated
photographing of persons for the purposes of monitoring
and/or recording the movements, activities and
communications of such persons.
Tracking Devices i. Relevant Provisions of the 2009 Bill 20.
Section 8 of the 2009 Bill provides for a separate system of
authorisation for tracking devices as defined in Section 1. This
section empowers the relevant authorities to monitor the
movements of persons, vehicles or things using a tracking
device for up to 4 months where the use of a tracking device
has been authorised by a superior officer. In applying for and
authorising the use of a tracking device, both the officer and
the superior officer must be satisfied that the requirements of
subsections 4(1), (2) or (3) have been fulfilled and that the
surveillance is justified having regard to the matters referred to
in subsections 4(5)(b) and (c). In addition, both officers should
be satisfied that the information or evidence sought could be
reasonably obtained by the use of a tracking device for a
specific period of time that is as short as reasonably
practicable. Moreover, the authorising officer must have
reasonable grounds for believing that the surveillance would be
authorised under section 5. ii. Relevant Human Rights Law 21.
As stated above, the ECtHR has held that private life
considerations arise once any systematic or permanent record
comes into existence of activities carried out by an individual in
the public domain.[29] The tracking of the location of a person,
vehicle or thing and the recording of data relating to this
surveillance, regardless of whether such activity is carried out
in a public place, amounts to an interference with the right to
respect for private life. Where an interference with the right to
private life is authorised by law, there should be adequate and
effective safeguards in place to ensure that such interference is
not arbitrary. 22. In the case of Klass and Ors. v. Germany the
ECtHR stated that it considers that in the field of surveillance
where abuse is potentially so easy in individual cases and could
have such harmful consequences for democratic society as a
whole, it is in principle desirable to entrust supervisory control
to a judge.[30] However, in the Klass case, having regard to the
nature of the supervisory and other safeguards provided for by
the relevant legislation in Germany, it concluded that the
exclusion of judicial control did not exceed the limits of what
may be deemed necessary in a democratic society. Under the
German legal framework there were various judicial and
parliamentary safeguards in place that the ECtHR considered
provided adequate and effective guarantees against abuse by
the authorities.[31] iii. Analysis and Recommendations 23. The
tracking of the movements of persons, vehicles or things using
a tracking device for up to 4 months for purposes of
surveillance and the recording of data in relation to such
movements amounts to an interference with the right to
respect for private life under Article 8 of the ECHR. The IHRC
considers that this type of surveillance should be subject to the
same types of safeguards provided for in relation to the other
types of surveillance envisaged under the 2009 Bill, in
particular, there should be judicial supervision of the use of
such devices. There is no explanation offered in the
Explanatory Memorandum to the 2009 Bill as to why
surveillance activities of this kind should be subject to less
stringent safeguards than other types of surveillance activity.
The maximum duration of the authorisation, 4 months, is also
longer than that allowed for the other types of surveillance.
Recommendations: 24. The IHRC recommends that
consideration should be given to amending the 2009 Bill to
provide that where the relevant authorities seek to use a
tracking device to track the movements of persons, vehicles or
things they should be required to apply to a judge for such
authorisation in accordance with section 5 of the 2009 Bill so
that the same safeguards are applied to the use of all types of
surveillance devices including tracking devices. 25. The IHRC
further recommends that the maximum duration for which the
use of a tracking device can be authorised should be reduced.
(c) Supervisory Powers and Complaints Procedure i. Relevant
Provisions of the 2009 Bill 26. Section 12 of the 2009 Bill sets
out the procedure to be followed for the designation of a High
Court judge to oversee the operation of the legislation and
outlines the powers and duties of the judge. The judge is
required to report to the Taoiseach from time to time and at
least once every 12 months concerning any matters relating to
the operation of sections 4 to 8 of the 2009 Bill and the
Taoiseach is required to lay such report before the Houses of
the Oireachtas. A person in charge of a Garda station, or place
under the control of the Defence Forces or Revenue
Commissioners, is required to ensure that the designated judge
has access to those places and authorisations, written records
of approval, reports and other relevant documents that the
designated judge may request. 27. Section 11 provides for a
complaints procedure. Where a person believes that he or she
might be the subject of surveillance he or she can apply to a
Referee for an investigation into the matter. Where the Referee
forms the view that a contravention of the legislation was
material and it is justified in all the circumstances, he or she
can refer the matter to the Garda Sochna Ombudsman
Commission (GSOC), the Minister for Defence in the case of a
contravention by the Defence Forces and the Minister for
Finance in the case of a contravention by the Revenue
Commissioners.[32] ii. Relevant Human Rights Law 28. Article
13 of the ECHR guarantees the availability at national level of an
effective remedy to enforce the substance of the ECHR rights
and to provide redress where an arguable claim has been
raised relating to an alleged violation of rights. In Klass v.
Germany the ECtHR acknowledged that the secrecy of covert
surveillance measures rendered it difficult, if not impossible,
for the person concerned to seek any remedy of his own
accord, particularly while surveillance is in progress.[33]
However, the ECtHR stated that what is required under Article
13 in the context of covert surveillance is a remedy that is as
effective as can be having regard to the restricted scope for
recourse inherent in any system of secret surveillance.[34] In
examining the German legal framework for surveillance in the
Klass case, the ECtHR noted that the competent authority is
required to inform the person concerned as soon as the
surveillance measures are discontinued where notification can
be made without jeopardising the purpose of the surveillance.
Following this notification, various legal remedies become
available to the individual before the German Courts. The
ECtHR concluded that the aggregate of remedies provided for
under German law satisfied the requirements of Article 13 in
that case.[35] iii. Analysis and Recommendations 29. The IHRC
welcomes the role of the judge who is empowered to keep
under review the operation of sections 4-8. In accordance with
Article 13 of the ECHR in the context of covert surveillance
there should be in place a remedy that is as effective as
possible having regard to the restricted scope for recourse
inherent in any system of secret surveillance.[36] The IHRC
considers that in the event that a report of the designated
judge reveals a case in which an individual has been the subject
of surveillance in contravention of the legislation, there should
be some mechanism in place to inform the individual
concerned so that they can exercise any further causes of
action or remedies available to them. In particular, such
persons should be informed of the complaints system under
section 13 of the legislation. Furthermore, the IHRC considers
that in order to facilitate the supervising judge to effectively
exercise his or her supervisory powers, the Garda Sochna,
Defence Forces and Revenue Commissioners should be
required to furnish a report on the exercise of the surveillance
powers to the designated judge on a regular basis. 30. The
IHRC is further concerned that where a material contravention
of the legislation is detected in the course of an investigation by
the Referee, he or she will then refer the case to the Minister
for Defence or Minister for Finance as the case may be, rather
than to an independent complaints mechanism such as GSOC
where the contravention involves a member of An Garda
Sochna. The IHRC considers that the Ombudsman for the
Defence Forces should also be empowered to investigate
contraventions of the surveillance legislation where it involves a
member of the Defence Forces.[37] Similarly, in the case of the
Revenue Commissioners an appropriate mechanism,
independent of the Minister for Finance, should be empowered
to investigate a contravention of the legislation by the Revenue
Commissioners. Recommendations: 31. In the event that the
investigation of the designated judge under section 12 reveals
that an individual has been the subject of surveillance in
contravention of the legislation, the IHRC recommends the
legislation should provide for a mechanism to inform the
individual concerned so that they can exercise any further
causes of action or remedies available to them in particular
under section 13. 32. In order to facilitate the supervising judge
to effectively exercise his or her supervisory powers, the
legislation should require An Garda Sochna, the Defence
Forces and Revenue Commissioners to furnish information to
the designated judge on a regular basis in relation to the
operation of their surveillance powers. 33. The IHRC
recommends that where a material contravention of the
legislation is detected by the Referee following an investigation
under section 13, he or she should be empowered to refer the
matter for further investigation to the Ombudsman for the
Defence Forces where the matter relates to a member of the
Defence Forces. Where a material contravention of the
legislation is detected by the Referee relating to surveillance by
an officer of the Revenue Commissioners an appropriate
mechanism, independent of the Minister for Finance, should be
empowered to investigate a contravention of the legislation. (d)
Powers of Surveillance not Extended to GSOC i. Relevant
Provisions of the 2009 Bill 34. Section 17 of the 2009 Bill
proposes to amend Section 98(5) of the Garda Sochna Act
2005 so that the provisions of the 2009 Bill once enacted will
not be extended to include the GSOC. Therefore GSOC will not
be empowered to carry out the surveillance envisaged within
the scope of the 2009 Bill. ii. Relevant Human Rights Law 35.
The ECtHR has established positive procedural standards
regarding the investigation of cases relating to allegations of
violations of the right to life and the right to freedom from
torture, inhuman and degrading treatment or punishment
under Articles 2, 3 and 13 of the ECHR.[38] In accordance with
this jurisprudence, for an investigation into such allegations to
be regarded as effective it should be capable of leading to the
identification and punishment of those responsible.[39] The
ECtHR has made it clear that this is not an obligation of result,
but rather an obligation of means.[40] The investigating
authority must have the mandate to establish the key issues of
responsibility and liability and must have taken the reasonable
steps available to it to secure the evidence.[41] Any deficiency
in the investigation which undermines the ability of the
investigating authority to establish whether an alleged violation
of Article 2 or Article 3 has taken place, will risk falling foul of
this standard.[42] iii. Analysis and Recommendations 36. The
2009 Bill makes provision for not only An Garda Sochna to
carry out surveillance but also the Defence Forces and the
Revenue Commissioners. However, the 2009 Bill currently
excludes GSOC from its remit. GSOC is excluded from the 2009
Bill, notwithstanding that the functions of GSOC include the
investigation of complaints concerning death of, or serious
injury to a person[43] and the investigation of alleged
arrestable offences involving members of An Garda Sochna.
[44] As noted above, where there is an alleged violation of
Articles 2 or 3 of the ECHR by State agents, the independent
investigating authority must have the powers and means to
establish whether an alleged violation of the ECHR has taken
place. A failure to extend surveillance powers to the body which
is charged by the Oireachtas with independent oversight of the
police may seriously limit the capacity of GSOC to discharge its
functions effectively as they relate to the investigation of
arrestable offences. 37. Furthermore, excluding GSOC from the
surveillance legislation is out of line with good practice in other
jurisdictions including Northern Ireland[45], England and
Wales.[46] While surveillance may be used by GSOC very rarely,
failure to extend surveillance powers to this oversight body
may undermine public confidence in the ability of GSOC to
effectively investigate serious criminal wrongdoing by using
means that are increasingly regarded in many jurisdictions as
essential for countering serious crime. Recommendation: 38.
The IHRC recommends that section 17 of the 2009 Bill should
be amended to remove the proposal to amend section 98(5) of
the Garda Sochna Act 2005. In addition, the 2009 Bill should
explicitly include powers of surveillance for GSOC.
Codes of Practice for the Operation of Surveillance Powers i.
Relevant Provisions of the 2009 Bill 39. Section 16 of the 2009
Bill provides that the Minister for Justice, Minister for Defence
or Minister for Finance as the case may be shall make
regulations prescribing any matter or thing which is referred to
in the Act as prescribed or to be prescribed by the relevant
Minister. For example, section 7(7) provides for regulations
relating to the written record of approval of a superior officer
who has authorised surveillance under section 7 and section
10(2) provides that regulations shall be drafted prescribing the
person or categories of persons who are to have access to
information relating to surveillance authorisations. ii. Relevant
Human Rights Law 40. In its recent policy statement Human
Rights Compliance of An Garda Sochna the IHRC
recommended that when legislation governing Garda powers
in key aspects of operational policing is being drafted or
reviewed, consideration should be given, where appropriate, to
including a provision to provide the Minister for Justice with the
power to issue supplementary codes of practice to accompany
statutory Garda powers.[47] The purpose of a code of practice
in this area would be to govern the exercise of surveillance
powers, in this case by An Garda Sochna, the Defence Forces
and the Revenue Commissioners. A code of practice in this area
would comprehensively set out the policy and procedures to be
followed, inform the relevant officers decisions and regulate
the relevant officers powers in a transparent manner. Such a
code of practice should be proofed against and underpinned by
the relevant human rights standards.[48] The IHRC considers
that the surveillance legislation should provide the relevant
Minister with the power to issue codes of practice and should
stipulate that the relevant Minister is required to engage in an
appropriate consultation process prior to issuing the code (or
codes) of practice.[49] 41. In addition, it is essential that
effective compliance measures are incorporated into Garda
codes of practice. Codes of practice should generally include a
requirement for contemporaneous record-keeping by
members of An Garda Sochna, the Defence Forces or the
Revenue Commissioners. Furthermore, the IHRC considers that
when appropriate a breach of a code of practice should invoke
disciplinary action.[50] iii. Analysis and Recommendations 42.
The IHRC considers that it is in the interests of the Garda
Sochna, the Defence Forces and the Revenue Commissioners
that further guidance be provided as to operation of
surveillance powers under the legislation. The IHRC notes that
within the United Kingdom, Section 71 of the Regulation of
Investigatory Powers Act 2000 obliges the Home Secretary to
issue codes of practice relating to the exercise of surveillance
powers and duties.[51] The IHRC is of the view that a detailed
and accessible human rights based code of practice in relation
to the operation of surveillance powers under the legislation is
an important aspect of ensuring that surveillance is
accompanied by adequate and effective safeguards. The IHRC
further considers that effective compliance measures should
be incorporated into a code of practice on surveillance and
where appropriate a breach of the code of practice should
invoke disciplinary action. Recommendation: The IHRC
recommends that serious consideration be given to including a
requirement that the Minister for Justice, Minister for Defence
or Minister for Finance as the case may be, issue a code (or
codes) of practice in relation to the operation of the legislation.
Such code (or codes) should be proofed against and
underpinned by the relevant human rights standards. Where a
code of practice is issued effective compliance measures
should be incorporated into such as code and where
appropriate a breach of the code of practice should invoke
disciplinary action. Irish Human Rights Commission 4th Floor,
Jervis House Jervis Street Dublin 1 Tel: + 353 1 8589602 Fax: +
353 1 8589609 Email:info@ihrc.ie www.ihrc.ie
Superior officer is defined in Section 1 of the 2009 Bill to mean:

(a) in the case of the Garda Sochna, a member of the Garda
Sochna not below the rank of superintendent; (b) in the case
of the Defence Forces, a member of the Defence Forces not
below the rank of colonel; and (c) in the case of the Revenue
Commissioners, an officer of the Revenue Commissioners not
below the rank of principal officer.
[5] Section 2 of the 2009 Bill.

[6] Revenue offences are defined in section 1 of the 2009 Bill to
mean the following: (a) section 186 of the Customs
Consolidation Act 1976; (b) section 1078 of the Taxes
Consolidation Act 1997; (c) section 102 of the Finance Act 1999;
(d) section 119 of the Finance Act 2001; (e) section 79 of the
Finance Act 2003; (f) section 78 of the Finance Act 2005.
[7] See further recommendations of the Law Reform

Commission in the Report on Privacy, Surveillance and the
Interception of Communications, 1998; Consultation Paper on
Privacy, Surveillance and the Interception of Communications,
1996.
[8] Article 40.3 protects the right to privacy which was
recognised as an unenumerated right in Kennedy et al. v
Ireland [1987] IR 587.
[9] Kane v. Governor of Mountjoy Prison [1988] 1 IR 757. In this
case, the applicant was followed continuously by a large
number of Garda who were awaiting the execution of an
extradition warrant to Northern Ireland. The Supreme Court
stated that the absence of specific justification for the overt
surveillance of an individual could constitute an infringement of
his constitutional right to privacy and could be unlawful.
However, on the facts of the case, whereby Garda were
expecting the Royal Ulster Constabulary to issue a warrant in
relation to subversive activities, the Supreme Court held that
overt surveillance was permitted. The Supreme Court noted
that such overt surveillance had to be accompanied by a
specific adequate justification.
[10] King v. Attorney General [1981] IR 233 at 257.
[11] Heaney v. Ireland,[1994] 3 IR 593, at 607.
[12] Niemietz v. Germany Judgment of 16 December 1992,
(1992) 16 EHRR 97.
(2003) 36 EHRR 41 at para 57.

192 at para. 43.

[16] Ibid.
[17] Ibid.
[18] Ibid.

192; Amann v. Switzerland, Judgment of 16 February 2000,
(2000) 30 EHRR 843.


(2003) 36 EHRR 41.
[23] Perry v. United Kingdom Judgment of 17 July 2003, (2004)

39 EHRR 76.
[26] Friedl v. Austria, Application no. 15225/89, 26 January 1995.
[27] S. and Marper v. United Kingdom Judgment of 4 December

2008, Application nos. 30562/04 and 30566/04. See further
Dermot P.J. Walsh, Human Rights and Policing in Ireland: Law,
Policy and Practice, 1st ed, Clarus Press, Dublin, 2009, pp. 162-
175.
[28] Section 8 of the Code of Practice for Community-Based

CCTV Systems.
[29]See above para. 11.

EHRR 214, at para. 49.
[31] Ibid. para. 50. See paras 51 et seq. of the judgment for an
in-depth discussion on the precise safeguards in place.

EHRR 214 at para. 68.
[37] See further Ombudsman (Defence Forces) Act 2004.
[38] Keenan v. United Kingdom Judgment of 3 April 2001, (2001)

33 EHRR 1357; McKerr v. United Kingdom Judgment of 4 May
2001, Application no. 28883/95; Shanaghan v. United Kingdom
Judgment of 4 May 2001, Application no. 377715/97; Jordan v.
United Kingdom Judgment of 4 May 2001, Application no.
24746/94; Kelly and Ors. v. United Kingdom Judgment of 4 May
2001, Application no. 30054/96.
[39] Jordan v. United Kingdom Judgment of 4 May 2001,
Application no. 24746/94, at para. 107.
[40] Ibid. para. 107.
[41] Ibid.
[42] Ibid.
[43] Section 91 of the Garda Sochna Act 2005.
[44] Section 82(1) and Section 98 of the Garda Sochna Act

2005.
[45] Under Section 56(3) of the Police (Northern Ireland) Act

1998 a person employed by the Police Ombudsman for
Northern Ireland shall for the purpose of conducting, or
assisting in the conduct of, an investigation have all the powers
and privileges of a constable throughout Northern Ireland and
the adjacent United Kingdom.
[46] Under Section 4(1) of the Independent Police Complaints
Commission (Investigatory Powers) Order 2004 certain officers
of the IPCC are prescribed as being capable of authorising
surveillance for the purposes of section 30 of the Regulation of
Investigatory Powers Act 2000.
[47] See further IHRC, Policy Statement Human Rights
Compliance of An Garda Sochna, April 2009, pp. 39-43.
[48] On human rights proofing see further ibid. pp. 37-39.
[49] Ibid. pp. 42-43.

[50] The IHRC previously recommended that disciplinary
proceedings should result where there has been a breach of
the Garda Code of Ethics by a member of An Garda Sochna.
See IHRC, Observations on the Scheme of the Garda Sochna
Bill, 2003, November 2003. See further IHRC, Policy Statement
Human Rights Compliance of An Garda Sochna, April 2009,
pp. 41-43.
[51] Part II of the Investigatory Powers 2000 Act (2000 Act)
permits the Home Secretary to issue one or more codes of
practice relating to the exercise and performance of the powers
and duties under Parts I to III of the 2000 Act, section 5 of the
Intelligence Services Act 1994 (warrants for interference with
property or wireless telegraphy for the purposes of the
intelligence services), and Part III of the Police Act 1997
(authorisation by the police or customs and excise of
interference with property or wireless telegraphy). Part I of the
2000 Act relates to interception of communications; Part II of
the 2000 Act relates to acquisition and disclosure of
communications data; and Part III of the 2000 Act relates to
surveillance and covert human intelligence sources. The Home
Secretary issued a code of practice in relation to Covert
Surveillance in 2002.
Repression in the Name of Rescue:

The Oireachtas Justice Committees
Sex Work Proposals
July 10, 2013,
cross-party support for increased Garda powers of covert
surveillance last June
WENDY LYON OF FEMINIST IRE ON THE BARELY NOTICED DRACONIAN
MEASURES RECOMMENDED BY THE JOINT OIREACHTAS COMMITTEE ON
JUSTICE, DEFENCE AND EQUALITY TO BE INCLUDED IN THE
FORTHCOMING LEGISLATION TO CRIMINALISE THE PURCHASE OF SEX.
Last month, the Joint Oireachtas Committee on Justice, Defence

and Equality announced its support for legislation to criminalise the
purchase of sex. While this received some media coverage, little
notice was taken of the related recommendations put forward
simultaneously by the Committee some of which are frankly
draconian.
These include the following:
An offence of recklessly permitting a premises to be used for the
purposes of prostitution. Although a sex worker who operates
alone out of a premise is committing no crime under either the
present or proposed legislation, this would effectively criminalise
indoor commercial sex by penalising a landlord who fails to act
against it. According to a report commissioned by the City of Oslo,
a similar provision in Norways penal code (enforced under the
ominously-named Operation Homeless) has led to the eviction of
sex workers from their flats, and makes them less likely to contact
police about crimes committed against them lest the police then
threaten their landlords. It has also led to the racial profiling by
landlords of nationality groups associated with prostitution, who
now find it difficult to rent premises and must depend on third
parties to secure accommodation for them.
power for An Garda Sochna to have disabled or vested in them
any telephone number in use in the State that is suspected on
reasonable grounds of being used for the purposes of prostitution.
This provision could cut off sex workers access to communication
by phone which would affect them in all aspects of their life, not
merely their sex work activity. (While many sex workers use one
phone for personal calls and one phone for business, its unlikely
the Garda could easily distinguish between the two unless they
were prepared to listen in to all calls made or received by a
suspected sex worker a civil liberties breach reminiscent of the
Snowden revelations.) Denying sex workers the right to use
telephones could also have adverse effects for their safety, by
making it impossible for them to use ugly mugs schemes that
alert them to dangerous clients, or preventing them calling for help
if attacked.
that the accessing of web sites whether located in the State or
abroad that advertise prostitution in the State should be treated
in the same way as accessing sites that advertise or distribute child
pornography. Leaving aside the question of whether it is
appropriate to treat seeking out sex from an at least potentially
consenting adult as comparable to seeking out abuse of a child,
this proposal makes no distinction between those who seek out
sex and those who advertise it. Thus, sex workers themselves
could be liable to prosecution (and presumably placement on the
sex offenders registry) by accessing these sites for the purpose of
advertising. Outreach health and social service workers who
engage with sex workers through these sites, as well as sex
industry researchers, would also be affected. It goes without saying
that this proposal would require a significant expansion of the
apparatus already in place to monitor Irish internet usage.
Shockingly, these proposals received unanimous endorsement
from the Committee which includes Labour members Ivana
Bacik, Anne Ferris and Sen Kenny; Sinn Fins Pdraig Mac
Lochlainn; and independents Finian McGrath and Katherine
Zappone, all of whom might have been expected to have at least
some concerns for the civil rights and liberties that would be
eviscerated by the recommendations.
Of course, support for repressive legislation is nothing new among
the Irish moderate-left. It was, after all, a Labour minister that
extended Section 31 to ban Sinn Fin spokespersons from the
airwaves, and Labour and some of the left independents vote to
renew the Offences Against the State Act every year. But it is one
thing to support measures like these against persons suspected of
paramilitary or gangland involvement, and quite another to support
them against persons who in the ideology of those leading this
campaign are believed to be victims themselves. It is deeply
ironic that at a time when the State is facing a multi-million euro
payout to women of a previous generation whose human rights
were suppressed in the name of saving them, an Oireachtas
committee is now making new proposals to do the same.
http://www.irishleftreview.org/2013/07/10/repression-rescue-
oireachtas-justice-committees-sex-work-proposals/
REPORT BY THE COMMISSIONER FOR
HUMAN RIGHTS
MR. THOMAS HAMMARBERG
ON HIS VISIT TO IRELAND
26 - 30 November 2007
For the attention of the Committee of Ministers and the
Parliamentary Assembly
REPORT BY THE COMMISSIONER FOR HUMAN RIGHTS ...
processes and strategic behaviours for human rights
compliance ... in his meeting with Garda the police .
Introduction
1. The Council of Europe Commissioner for Human Rights Mr.
Thomas Hammarberg conducted an official visit to Ireland
from 26 to 30 November 2007 upon invitation by the Irish
Government. The visit was part of a continuous process of
regular country missions by the Commissioner to all Council of
Europe member states to assess their effective respect for
human rights
1
The Commissioner was accompanied by Mr. Lauri Sivonen,
Ms. Silvia Grundmann and Mr. Stefano Montanari, members of
his Office.
2. In the course of his visit the Commissioner met with An
Taoiseach Bertie Ahern, Minister for Foreign Affairs Dermot
Ahern, Minister for Justice, Equality and Law Reform Brian
Lenihan, Minister for the Environment, Heritage & Local
Government John Gormley, Minister for Health and Children
Mary Harney, Minister of State for Children Brendan Smith,
and Minister of State for Integration Conor Lenihan. Mr.
Hammarberg visited Dublin and Cork and held discussions with
representatives of local authorities, parliamentarians,
members of the judiciary, specialised ombudspersons,
members of the Irish Human Rights Commission (IHRC), as
well as civil society representatives. Furthermore, the
Commissioner delivered the IHRC Annual Human Rights
Lecture in Dublin and, in Cork, addressed the participants of a
seminar on guardianship and migrant children jointly
organised by the Centre for Criminal Justice and Human Rights
of the University College Cork and the Irish Refugee Council.
He also made several institutional visits to facilities and sites
with human rights relevance.2
3. The Commissioner expresses his great appreciation for the
generous co-operation of the Irish authorities at all levels in
facilitating the visit and wishes to thank the Minister for
Foreign Affairs and his Department for their shared
commitment to the objectives of the mission. Moreover, he
extends his gratitude to all people met during the visit for their
open attitude and frank exchange of views. The Commissioner
is particularly pleased to have had the opportunity to meet
with many civil society representatives who shared their
expertise and valuable insights regarding the human rights
situation in Ireland.
4. The purpose of this report is to identify opportunities for
improving the protection and promotion of human rights in
Ireland. The Commissioner considers that following on from an
open dialogue with the relevant authorities during his visit, this
report should serve as a tool for progression, future co-
operation and follow-up. He calls upon the authorities and
institutions concerned to contribute their collective expertise
for further strengthening of human rights protection in Ireland.
Continuous efforts are required in every member state to
uphold human rights to a high standard. Such work can only
be efficient and constructive when it is carried out through
permanent dialogue with all stakeholders.
5. This report begins with a brief assessment of the national
system for human rights protection in Ireland and is followed
by chapters dealing with specific human rights concerns the
Commissioner wishes to highlight. It is based on information
acquired during the visit along with statements, reports and
statistics provided by the authorities and civil society
organisations in Ireland. Naturally, relevant reports prepared
by human rights monitoring mechanisms of the Council of
Europe and other international organisations are also referred
to. This first assessment report of the Commissioner in
relation to Ireland does not provide an exhaustive analysis of
the human rights situation in Ireland but rather reflects what
the Commissioner considers to be the priorities for improving
the protection of human rights in the country.
2. National system for protecting human rights
2.1 Status of international human rights standards
6. Ireland ratified the European Convention on Human Rights
and Fundamental Freedoms (ECHR) in 1953. The Northern
Ireland Peace Agreement (Good Friday Agreement), which was
reached in multi-party negotiations on 10 April 1998, provided
for the establishment of a Human Rights Commission in
Ireland and for a Human Rights Commission in Northern
Ireland. Under the Good Friday Agreement, the Commissions
are charged with promoting and protecting human rights in
their respective jurisdictions and with working together in
order to promote the protection of human rights on the island
of Ireland.
7. On 30 December 2003, the European Convention on Human
Rights Act 2003 entered into force implementing the European
Convention into Irish law subject to the Irish Constitution of
1937. Since then, people have been able to claim the rights
and freedoms of the European Convention before domestic
courts. As this legal framework is regularly used by the
domestic courts, the Commissioner considers the Human
Rights Act 2003 to be a core instrument in upholding and
promoting human rights in addition to the fundamental rights
guaranteed in the Irish Constitution of 1937.
8. Ireland has ratified most of the Council of Europes and
other key international human rights treaties, including the
Revised Social Charter and its collective complaints procedure.
In 2007, Ireland signed the Convention on Action against
Trafficking in Human Beings, and the Convention on the
Protection of Children against Sexual Exploitation and Sexual
Abuse. The Commissioner welcomes these steps and strongly
encourages Ireland to ratify these instruments. Likewise, the
Commissioner calls upon the Irish authorities to ratify Protocol
No. 12 to ECHR on the general prohibition of discrimination
and the Convention on Cybercrime, as well as to sign and
ratify its Additional Protocol concerning the criminalisation of
acts of a racist and xenophobic nature committed through
computer systems. Among UN treaties, Ireland has signed but
not yet ratified the Optional Protocol to the United Nations
Degrading Treatment or Punishment (OP-CAT).3 The Irish
Government is currently reviewing domestic law in view of
possible changes to meet OP-CAT requirements regarding the
mandates of bodies intended to constitute the foreseen visiting
mechanism to places of detention.
9. Ireland has neither signed nor ratified the Convention on
the Participation of Foreigners in Public Life at Local Level, the
Convention on the Legal Status of Migrant Workers or the
International Convention on the Protection of the Rights of All
Migrant Workers and Members of their Families. The
Commissioner invites the Irish authorities to reconsider
adhering to these treaties as they would enhance the
protection of the rights of migrants and foreigners in Ireland.
2.2. The Irish Constitution and its envisaged reform
10. The Constitution of Ireland was adopted in 1937 by a
referendum and may only be amended in the same manner. It
established an independent state based on a representative
democracy and guarantees certain fundamental rights
specifically stated in Articles 40-44 which have been further
developed and extended by the jurisprudence of superior
domestic courts.4 Efforts are currently being made to
implement a constitutional reform as part of the Agreed
Programme for Government of June 2007 with a focus on
children. The proposed new article on children would change
current family and criminal law and aim at improved protection
of children. A joint Oireachtas (Parliament) Committee has
been set up to consider the wording and make further
recommendations.5
2.3 The judiciary and access to justice
11. The Irish judiciary comprises superior and lower courts.
The superior courts, i.e. the Supreme and the High Court,
have been established directly under the Irish Constitution.
The Supreme Court is the court of final appeal and is obliged
to hear all appeals which are brought before it, albeit in some
cases legislation in a particular area may limit appeals to
points of law only. Its decisions as to the interpretation of the
Constitution and the law are final. The High Court also has
authority to interpret the Constitution while its main function is
to take up the most serious criminal and civil cases and certain
appeals from lower courts. When sitting as a criminal court it
is called the Central Criminal Court its trials occur before a
jury. The lower courts have been set up by ordinary law. The
Circuit Court when dealing with criminal matters, sits with a
jury which decides the guilt or innocence of an accused. The
criminal jurisdiction of the District Court is limited to minor
matters which may be tried summarily without a jury. If
District Courts hear childrens cases, they sit as the Children
Court. Due to the volume of cases in the areas of Dublin, Cork,
Limerick and Waterford, there are dedicated sittings of the
District Court as Children Court. The Children Courts hear all
charges against children under 18 years of age except those
which the judge, due to their gravity or other special
circumstances, decides to transfer to the Circuit Court. The
procedures in the Children Court are summary ones if the
childs parent or the young person has been informed of
his/her right to trial by jury and has waived this right.
12. In addition, the Constitution makes provision for the
establishment of Special Courts to secure the effective
administration of justice where the ordinary courts would be
unable to do so. The only example so far is the Special
Criminal Court which tries those accused of being members of
paramilitary organisations or of leading organised crime,
normally without a jury. Finally, a number of separate tribunals
or determination bodies have been set up with reference to
Article 37.1 of the Irish Constitution. These include the
Equality Tribunal6, the Labour Court, the Censorship Board and
the Refugee Appeals Tribunal7.
13. Against the background of increased migration to Ireland,
the Commissioner underlines that access to justice should not
be hampered by insufficient knowledge of local languages and,
therefore, underlines the importance of the availability of
interpretation and translation services.8 Furthermore, access to
justice is often conditioned by financial resources and the
availability of legal aid for those who lack sufficient means.
While the right to civil legal aid has been recognised in Ireland
since 1979,9 the current scheme of civil legal aid has been
criticised as being limited in its scope and application. 10 The
Irish Human Rights Commission in its Strategic Plan 2007-
2011 highlights the need to ensure that vulnerable groups
(such as asylum-seekers, refugees, migrant workers, ethnic
minorities including Travellers, lesbian, gay, bisexual and
transgender people, homeless people, prisoners and people
with disabilities) will be in a position to access justice through
the courts. Furthermore, civil society representatives have
pointed out that judges are not always sufficiently trained to
deal with members of these groups as well as children. The
Commissioner underlines the importance of regular training for
all members of the judiciary. He also stresses the need for a
comprehensive and accessible scheme of legal aid that reflects
the actual cost of living.
14. Concerning the length of court proceedings, the
Commissioner notes with satisfaction that Ireland has had very
few cases before the European Court of Human Rights in which
a violation for excessive length has been found. In 1999, a
Courts Service was established as an independent agency to
manage and support the courts with a view to reducing waiting
time, especially in criminal and family law matters. Additional
judges were also appointed. The report Justice Matters of the
Irish Council for Civil Liberties (ICCL) of July 2007 finds that
the situation has vastly improved with the establishment of the
Courts Service, yet voices some concern regarding the
adequate funding of the Irish court system. The Commissioner
encourages the Irish authorities to monitor the situation so as
to ensure that the length of proceedings remains reasonable.
2.4 Complaints bodies and human rights structures
15. The Irish Ombudsman, who is independent in the
performance of her functions, investigates complaints about
the administrative actions of Government Departments, the
Health Service Executive, local authorities and An Post.11 The
Ombudsman is appointed by the President following a
recommendation passed by both Houses of the Oireachtas and
she reports to the Parliament. The Ombudsman can investigate
an action on the basis of an individual complaint as well as her
own initiative. She is empowered to issue recommendations,
but her findings are not binding. Where it appears to the
Ombudsman that the response to a recommendation which
she has made is not satisfactory she may make a special
report on the matter to the Parliament. Under the Disability
Act 2005 she can deal with complaints related to the
accessibility of public buildings. The Ombudsman also acts as
the Information Commissioner, set up under the terms of the
Freedom of Information Act 1997. The Information
Commissioner may review the decisions of public bodies in
relation to requests for access to information.
16. The Ombudsman cannot investigate complaints related to
recruitment or terms of employment as this is within the remit
of the Equality Tribunal. Moreover, the Ombudsmans mandate
does not cover aliens or naturalisations and actions taken in
the administration of prisons or other places of custody. An
extension of the remit is foreseen in an Ombudsman
(Amendment) Bill soon to be published. It does not appear to
address the latter gaps, although the Ombudsman has actively
sought an extension and is one of the few Ombudsman offices
in Europe being restricted in these matters.
17. The Ombudsman for Children aims at ensuring that the
Government and other decision-makers take the best interests
of children into account. She is appointed by the President
following a recommendation passed by both Houses of the
Oireachtas, and she reports to the Parliament. The main areas
of work of the Ombudsman are independent complaints
handling, communication and participation, research and
policy. In accordance with the Ombudsman for Childrens Act
2002, the Ombudsman for Children does not have a remit if a
case is or has already been dealt with by a court; it affects or
relates to national security (including police) or military
arrangements; relates to the recruitment or appointment of
staff or to a contract of services or employment; concerns
exams results; relates to decisions about asylum, immigration,
naturalisation or citizenship status; or concerns the running of
prisons or other places of detention (i.e. police stations) with
the exception of childrens detention schools where the
Ombudsman for Children does have a role in investigating
their management.
18. The Data Protection Commissioner, who reports to the
Parliament, is responsible for upholding the rights of
individuals set out in the Data Protection Acts 1988 & 2003
and enforces the obligations of data controllers. The
Commissioner is appointed by the Government and is
independent in the exercise of his or her functions. He receives
and investigates individual complaints and takes whatever
steps may be necessary to resolve them. The decisions of the
Data Protection Commissioner can be appealed to the Circuit
Court. An independent Garda Sochna Ombudsman
to deal with all police complaints. It replaced the Garda
Sochna Complaints Board on 9 May 2007.12 In addition there
are other specialised ombudsperson institutions such as the
independent Pensions Ombudsman and the Ombudsman for
the Defence Forces. The Equality Authority is an independent
body established in 1999 to combat discrimination and
promote equality of opportunity under the Employment
Equality Act 1998 and the Equal Status Act 2000.13
19. The Irish Human Rights Commission (IHRC) was
established in accordance with the Good Friday Agreement as
an independent national human rights institution in line with
the Paris principles14. In line with the Human Rights
Commission Acts 2000 and 2001, it comprises 15 members
appointed by the Government for a period of 5 years, with at
least 7 members of each sex. The mission of the IHRC is to
endeavour to ensure that the human rights of all people in the
state are fully realised and protected in law, policy and
practice. It is empowered to make recommendations to the
Government on measures to strengthen, protect and uphold
human rights. The Commission is currently administratively
associated with the Department of Justice, Equality and Law
Reform. In the opinion of the Commissioner, the already widely
recognised independence and impartiality of the Irish National
Human Rights Commission could be further enhanced by
rendering it directly accountable to the Parliament through the
presentation of its annual reports.
20. As a non-statutory co-regulatory body, the Press
Ombudsman took up office in January 2008. Appointed by the
Press Council of Ireland, he may receive complaints from
members of the public and considers whether the case is in
breach of the Code of Practice for Newspapers and Periodicals.
The Press Ombudsman also has the option of referring difficult
cases to the Press Council. The Press Council comprises 13
people with a lay majority of seven members, including the
Chairman, who are chosen by an Appointments Committee
and drawn from suitably qualified persons representative of a
broad spectrum of civil society. The remaining six members of
the Press Council provide senior editorial and journalistic
expertise and perspectives reflective of the media industry.
21. During his visit the Commissioner met with members of
many human rights structures and was impressed by their
dedicated work for the protection of human rights. He notes
however, that due to the number of different bodies and the
fact that some of them have been established only recently, it
may be difficult for the general public to see where their
individual concern might be best placed. The Commissioner
welcomes that each of these structures already provides
information on its mandate and procedures to the public in an
easily understandable format. However, he encourages the
Irish authorities to make available more comprehensive and
comparative information to guide the potential complainant
better in finding the relevant complaints body. The
Commissioner underlines that in order to be effective and
trusted by the public, the independence and adequate funding
of human rights structures is of particular importance. The
Commissioner acknowledges the constant efforts taken by the
Irish Government to resource the national human rights
institutions and encourages them to continue their endeavour.
22. The Commissioner is aware of the ministerial veto enabling
members of the Government to stop an investigation
conducted by the Ombudsman or the Ombudsman for
Children.15 He understands that the provision is not aimed at
preventing the scrutiny of discretionary administrative
decisions by the two Ombudspersons but rather excluding
value judgments which are better assessed by the Oireachtas.
There are counterbalancing provisions which require the
Ombudsman to inform the complainant of when the veto is
exercised and the Minister to give his reasons in writing to the
Ombudsman. In fact, the veto has never been used. The
Commissioner encourages the Irish authorities to revise the
current provision for the sake of clarity as it could be perceived
as an impediment to the independence of the Ombudspersons.
Moreover, the Commissioner notes the current gaps in the
mandates of the Ombudsman as well as the Ombudsman for
Children related to questions of asylum and migration and
places of detention. He observes that the ratification and
implementation of the Optional Protocol to the UN Convention
against Torture (OP-CAT) will provide a timely opportunity for
reviewing the current mandates of human rights structures
with a view to optimising their effectiveness and independence
as well as closing any remaining gaps in needs for protection.
2.5 Police
23. The Commissioner attaches great importance to the role of
the police authorities in protecting human rights. The Irish
authorities have faced serious allegations of police misconduct
in the past and have reacted by setting up a special tribunal in
2002, headed by Mr. Justice Morris, which has so far published
five reports leading to a number of reform measures to
strengthen transparency and accountability.16 In 2004, an
external audit report of the An Garda Sochnas (the Irish
Police) structures, policies, processes and strategic behaviours
for human rights compliance was published, based on the
Council of Europe manual Policing in a Democratic Society
Is your police service a human rights champion?. The Police
are currently implementing a human rights action plan.
24. During the visit, officials of the Irish Police pointed out that
human rights play an important role in police training on all
levels. Training, manuals and guidelines aim at enabling the
Irish police to perform their functions in a manner compatible
with the obligations under the European Convention on Human
Rights. Efforts are being made to increase the recruitment of
women and members of minorities, including Travellers, in the
police service. A working group to review police training and
development opportunities for personnel has also been
established.
25. The Commissioner recalls that policing in a democratic
society requires that police authorities are willing to be
monitored and held accountable for their actions. In this
context, independent monitoring and complaints bodies are
especially apposite. The Commissioner was delighted to meet
with a member and staff of the newly established Garda
Sochna Ombudsman Commission (GSOC) set up in May
2007.17 The primary task of the Police Ombudsman
Commission is to investigate complaints made by the public
concerning the conduct of Garda members as well as to
investigate cases referred to it by the Garda Commissioner.
The Ombudsman Commission is headed by three
Commissioners, appointed by the President of Ireland, and is
endowed with a support staff of around 80 persons, about half
of them investigators and many of them recruited from abroad
to ensure independence. Comprehensive information material
is available on line and in print to explain the role of the GSOC.
After an investigation, the Commission may initiate mediation
as well as disciplinary action or transfer the file to the
prosecutor if police misconduct has been revealed. The
Commissioner is of the opinion that the independent Police
Ombudsman Commission can serve as a model to other
countries and encourages the Irish authorities to continue its
further development based on the experience gained.
2.6 Civil society
26. The Commissioner was encouraged to observe a very
active civil society sector covering all aspects of human rights
in Ireland. During his visit the Commissioner met with
numerous NGO representatives and is very grateful for having
been able to share their expertise and valuable information on
the human rights challenges they have encountered.
27. Regarding restrictions on tax-free donations to NGOs, the
Commissioner is aware that the current definition of political
purpose in the relevant legislation is so broad that it may
constitute an impediment for legitimate advocacy activities of
NGOs. In September 2007, the OSCEs Office for Democratic
Institutions and Human Rights recommended that the Electoral
Act 1997 be amended to limit the definition. Furthermore,
there seems to be no clarity on whether the promotion of
human rights, equality and social justice will be considered as
charitable purposes under the Charities Bill 2007 currently
under review by Parliament.
28. As to the dialogue between the Irish authorities and civil
society, the Department of Foreign Affairs has established a
formal framework for regular contacts with NGOs through their
joint standing committee on human rights established in 1997.
Other departments interact with civil society on specific policy
issues. However, there are plans to establish a systematic
approach for civil societys consultation in the area of
integration with the help of a task force. During the
Commissioners visit, several NGOs expressed their concern
about the reaction of the Irish authorities when they publicly
questioned the role of Pavee Point, an NGO representing
Travellers and Roma, in providing humanitarian assistance to a
group of Roma families from Romania in summer 2007.18 A
senior civil servant had been instructed to carry out a review
of Pavee Points role in the matter with potential consequences
regarding Government funding to the NGO.
29. The Commissioner underlines the need for constant and
constructive dialogue between the authorities and civil society
representatives. He encourages the Irish authorities to
continue to facilitate and support direct interaction with civil
society at all levels to ensure that the experience and
expertise of civil society representatives can benefit policy
formulation and implementation.
2.7 Human rights education
30. Human rights education is an essential part of a national
human rights policy. It ensures that individuals have an
understanding of their human rights and those of others,
thereby promoting critical thinking and mutual respect. In
Ireland, after the Good Friday Agreement of 1998, priority was
given to the advancement of human rights, although no
national action plan on human rights education has been
developed despite the commitments made during the UN
Decade for Human Rights Education (1995-2004). State
bodies, human rights structures and NGOs are involved in
providing human rights education on various levels. The
Department of Education and Science with the National Council
for Curriculum and Assessment (NCCA) are responsible for
formal education and curriculum.
31. For primary education (between the ages of 4-12) the
education across the primary school curriculum in 2005.
Human rights issues are addressed in the primary school
curriculum through the Social, Personal and Health Education
(SPHE) programme, which is mandatory. Although human
rights terminology is not used, the programme aims at
developing an awareness of how to interact fairly with others,
learning to treat others with dignity and respect and to
appreciate differences. In addition, the Lift-Off initiative was
launched in 2001 by Amnesty International in association with
the Irish National Teachers Organisation and the Ulster Union
of Teachers to encourage the development of a human rights
culture as a cross-border human rights education pilot project
for primary schools. The Lift-Off initiative has developed
support materials covering all stages of the primary
curriculum, available free of charge to schools. A first
evaluation has been largely positive but finds that
mainstreaming is needed.19
32. For secondary education (between the ages of 13-18) the
education across the curriculum in 2006. For the junior cycle,
Social, Personal and Health Education is mandatory. In
addition, a mandatory course on citizenship education
including a series of modules in human rights education called
Civic, Social and Political Education (CSPE) has been developed
in close cooperation with NGOs; CSPE is an exam subject. The
NCCA is in the process of overhauling the senior cycle
curriculum and has stated that the proposed re-balancing of
the curriculum at senior level will provide new opportunities for
the inclusion of additional areas of study with a focus on
citizenship, human rights and global issues.
33. As part of the CSPE programme, teacher training on
human rights issues is provided by the Curriculum
Development Unit of the City of Dublins Vocational Education
Committee. Amnesty International is providing human rights
education through in-service training for primary school
teachers and principals and through post-graduate seminars at
higher colleges of primary education. At universities, a number
of human rights centres have been developed in association
with law faculties at University College Galway, University
College Dublin and University College Cork. Human rights are
featured in law courses. The Irish Human Rights Commission
and Amnesty International also deliver lectures on human
rights at universities. As for training of public servants and
professional bodies, the Law Society of Ireland organises
regular lectures on human rights law and has developed a
case-study for the first year syllabus for trainee solicitors. The
Irish Human Rights Commission has committed itself to
developing a human rights education programme for civil and
public servants, legal professionals and the judiciary, among
others.
34. Civil society organisations, including NGOs, voluntary and
community groups, religiously affiliated organisations and
advocacy groups, have been actively promoting human rights
in their educational activities for many years, some of them
having worked closely with the NCCA and the Development
Education Unit of Irish Aid on developing education projects in
the past. The National Youth Development Education
Programme (NYDEP) is a partnership between the National
Youth Council of Ireland and Irish Aid at the Department of
Foreign Affairs. The programme aims to integrate development
education, including anti-racist and intercultural education,
into the core programmes of youth organisations. There are
also programmes for community based actions in which NGOs
and the IHRC have cooperated, such as training courses to
community and womens groups on economic, social, and
cultural rights, with particular reference to the themes of
poverty and womens rights.
35. The Commissioner welcomes the wide range of on-going
initiatives in the field of human rights education in Ireland. He
encourages the Irish authorities to strengthen their efforts in
the context of immigration bringing new challenges to Irish
society. He recalls that a coherent and coordinated approach in
human rights education in schools might substantially reduce
the risk of bullying in schools, which was described as a
problem to the Commissioner during his visit. The need for
human rights education of professionals should be assessed
and addressed, in particular in the health sector and the
judiciary. Furthermore, in view of the many activities
undertaken and planned for, it would be useful to prepare a
base-line study to assess the extent to which human rights are
currently integrated into education and training. Such a study
would also help identify further needs for ensuring that human
rights awareness reaches all walks of society and facilitate the
preparation of a national action plan on human rights
education.
2.8 National coordination of human rights issues
36. In his primary role under the Irish Constitution, the
Attorney General acts as an advisor to the Government in
matters of law. During his visit, the Commissioner was pleased
to learn that in fulfilment of this mandate, the Office of the
Attorney General routinely considers the compatibility of draft
legislation with the Irish Constitution and the European
Convention on Human Rights and advises accordingly. During
his visit, the Commissioner also learned that the Department
of Justice, Equality and Law Reform reviews legislation for
compatibility with equality legislation.
37. However, the Commissioner notes that currently there is
no national action plan for human rights in Ireland nor any
comprehensive coordinating mechanism among the authorities
in this field. The purpose of such an action plan should be to
improve the protection and promotion of human rights through
a comprehensive and coherent approach involving all
stakeholders including representatives of civil society. The
United Nations has provided guidance for the preparation of
human rights action plans, which should include a baseline
study to analyse the current human rights situation and the
structural framework for human rights protection.20 The
Commissioner is convinced that such an analysis would be
useful for clarifying the respective responsibilities of relevant
authorities and institutions and identifying and addressing any
remaining protection gaps. A national action plan on human
rights should be viewed as a coordinated and inclusive process
for the continuous improvement of human rights protection in
Ireland.
3. Childrens Rights
38. Children in Ireland are generally defined as all persons
below the age of 18, in line with the UN Convention on the
Rights of the Child to which Ireland is a state party. Ireland
has a relatively young population as children represent
approximately one-quarter of the total population. However,
many children in Ireland live under the risk of poverty. Despite
progress made due to Irelands rapid economic development
since the mid-1990s, the EU Survey of Income and Living
Conditions 2004 demonstrate that around 100,000 children,
that is one in 10, were living in consistent poverty. Another
230,000 children, nearly one in four, were at risk of
experiencing poverty.21 The need to tackle child poverty has
been addressed in numerous policy documents,22 the most
recent one being Irelands National Action Plan for Social
Inclusion 2007-2016 (NAP inclusion). One of its four policy
objectives is to ensure that children reach their true potential
by significantly reducing the number of children experiencing
consistent poverty to between 2% and 4 % by 2014, and
eventually eliminating it by 2016. The Action Plan aims at
providing targeted pre-school education, reducing literacy
difficulties and tackling early school leaving as well as
maintaining child income measures at 33-35% of the minimum
adult social welfare payment rate.
39. More generally, over the past years, childrens rights have
been a growing topic of discussion in Irish society, resulting in
the creation of the offices of a Minister of State for Children
and an Ombudsman for Children as well as the publication of
the National Childrens Strategy 2000-2010. The strategy aims
at bringing greater coherence to policy-making for children
and young people. In an effort to find out what issues are of
concern to children and young people in Ireland, the
Ombudsman for Children ran a participatory project called the
Big Ballot. In her meeting with the Commissioner, the
Ombudsman for Children informed him of its results: of the
over 70,000 votes cast by children, one-third ranked family
and care as the most important issue for children.23
40. The Commissioner welcomes the initiatives taken to
combat child poverty and to promote the possibilities for
children to be heard, in particular through the establishment of
the Office of the Ombudsman for Children. He calls on the Irish
authorities to promote equal opportunities through an effective
implementation of the National Action Plan for Social Inclusion
so as to protect all children against the negative impact of
economic hardship. Furthermore, he encourages the Irish
authorities to monitor the effects of their National Childrens
Strategy with a view to further enhancing childrens rights and
well-being.
3.1 Constitutional reform
41. In November 2006, An Taoiseach announced his intention
to hold a referendum on childrens rights to amend the
Constitution. After his re-election in June 2007, An Taoiseach
and his new Government confirmed this intention and
continued work on the Twenty-Eighth Amendment of the
Constitution Bill 2007 published in February 2007. The new
Article 42.A would change current family and criminal law.
With regard to family law and child welfare, under this article
the State will acknowledge and affirm the natural and
imprescriptible rights of all childrenand ensure that the best
interests of the child are put centre stage in the adoption and
care systems and in all custody disputes. In November 2007,
an all-party parliamentary Committee was established to
examine the amendment and to report back to the Oireachtas
within four months of its establishment. The date of the
referendum had not been decided at the time of writing this
report.
42. The Government initiative, while in principle welcomed by
Irish society, has stimulated broad and critical discussion on all
levels. NGOs24, experts25 and the Ombudsman for Children26
have expressed their concern that the approach taken by the
Government is not going far enough to meet the
recommendations of the UN Committee on the Rights of the
Child27 as it does not make the best interests of the child
principle generally applicable.
43. With regard to criminal law and child protection against
abuse, the Government proposes to allow the use of so-called
soft information28 about suspected child abusers and to
introduce legislation to make it impossible to claim the defence
of honest mistake about the age of the victim. While there
seems to be a general consensus that the current criminal law
needs to be revised due to a lack of adequate protection for
children, the proposed change is of concern to civil society.
This change may severely reduce defence rights and might
lead to disproportionate criminal sanctions of sexual activities
between teenagers. Furthermore, it appears to afford little
control over the gathering of soft information and its use with
regard to suspected child abusers.
44. The Commissioner noted with satisfaction that in June
2006 the Irish Government appointed two independent legal
experts as Special Rapporteurs on Child Protection to keep
under review legal developments and to audit them. The
experts submitted their annual reports. covering various
aspects of the proposed constitutional amendment, to the
Oireachtas in November 2007.29 The concerns raised in the
context of defence and information rights should be carefully
assessed in the light of Article 6 of the European Convention
on Human Rights and its interpretation by the European Court.
The Commissioner urges the Irish authorities to seize the
opportunity and include in their proposal for constitutional
amendment the best interests of the child as a general
principle, in line with the UN Convention on the Rights of the
Child.
3.2 Corporal punishment
45. While corporal punishment30 in Ireland is prohibited for
children in detention and schools as well as all places where a
child is in public care, and violence against children is
prohibited under the Children Act 2001, parents can still use
chastisement under common law.31 Following a collective
complaint brought by the World Organisation against Torture
(OMCT), the European Committee on Social Rights ruled in
2005 that Irelands common law reasonable chastisement
defence is in violation of Article 17 of the Revised European
Social Charter. The UN Committee on the Rights of the Child in
2006 reiterated its previous recommendation to ban all forms
of corporal punishment, including within the family.32 NGOs
representing children have expressed their disappointment
that although the Irish Government has made a commitment
to introduce legislation in line with developing social
standards, no draft legislation, nor any timeline for its
introduction, has been proposed.33
46. The Commissioner has called on all States party to the
European Convention on Human Rights to explicitly prohibit
corporal punishment, including in the family. The issue is
currently under review in Ireland. In late 2007, the specially
appointed Child Rapporteur delivered his expert opinion to the
Oireachtas. He warned that Ireland might be liable to a legal
action under Article 3 of the European Convention banning
torture, inhuman or degrading treatment or punishment and
recommended legislative change invoking the principle of
proportionality.34
47. The Commissioner wishes to refer to the ongoing Council
of Europe information activities in this field.35 He recalls that
although legal reform is needed, sustained public education
and awareness-raising, including the promotion of positive
parenting, is also necessary to end legal and social acceptance
of violence against children. He welcomes the ongoing review
in Ireland and urges the Irish authorities to bring Irish law in
line with international standards.
3.3 Separated and missing children
48. Separated children are defined as children under the age
of 18 who have been separated from both parents, or from
their previous or customary primary caregiver, but not
necessarily from other relatives.36 Separated children may be
seeking asylum because of fear of persecution or the lack of
protection due to human rights violations, armed conflict or
disturbances in their own country. They may be the victims of
trafficking for sexual or other exploitation, or they may have
travelled to Europe to escape conditions of serious
deprivation.37 Data on separated children in Ireland vary
significantly from one authority to another,38 but the Irish
authorities have indicated that the total number amounts to
5,369 between 2000 and 2007 of which 2,635 were reunited
with family members. 1,939 children applied for asylum during
the period 2000 to 2007. All separated children who enter
Ireland are placed in the care of the Health Service Executive
(HSE)39, with 180 children in care at year end 2007. It is
reported that the proportion of social workers allocated to
separated children seeking asylum is considerably lower than
that allocated to Irish children in care, even though both
groups are protected by the same Child Care Act 1991. In
Ireland, there is no regular practice of providing separated
children with a guardian ad litem to support and represent
them during the asylum procedure, where the child is
especially vulnerable. However, under the National Childrens
Strategy the Government has made a commitment to provide
a guardian ad litem for all separated children. It should be
noted that although a representative of the Refugee Legal
Service is present at the asylum process, this does not amount
to independent legal counsel.
49. The majority of separated children aged 16 to 18 in Ireland
do not reside in children's care centers, but in privately
managed hostel accommodation with no professional care
staff. Children under the age of 16 are placed in foster care or
in a residential placement with professional care staff. The
Transition Supports Project40, has two youth outreach workers
who regularly visit separated children in their accommodation
and develop special programmes for them. The hostels are not
covered by the National Standards for Childrens Residential
Centres and its system of internal and external complaints.
The Health Information and Quality Authority (HIQA) and its
Social Services Inspectorate (SSI) are responsible for
inspecting accommodation facilities where children are placed.
NGOs have reported that nearly all hostels failed the
inspection, but no inspection report has so far been made
public.
50. The Commissioner notes that some consideration has been
given to adapting the asylum process to children in the
proposed 2008 Immigration, Residence and Protection Bill, in
particular by incorporating the principle of the best interests of
the child within some provisions. He is, nevertheless,
concerned that this principle is not generally applicable in all
provisions of the Bill relating to children. The current absence
of guardians ad litem for each child is also a matter of
concern. Guardians play a particular role in ensuring that the
voice of a separated child is heard during the asylum
procedure and that his or her best interests are taken into
account in an objective manner. 41
51. The Representative of the UN High Commissioner for
Refugees in Ireland expressed concerns to the Commissioner
regarding separated children who are not identified as such by
Irish immigration officials at a port of entry partly due to the
absence of standardised methods for age assessment.
Moreover, the Commissioner is of the opinion that separated
children should be exempt from procedures related to safe
third countries and safe countries of origin, so-called
manifestly ill founded applications, and Dublin II transfers.
Similarly, in the light of the European Courts case law, they
should not be detained on immigration grounds or refused
entry to the State.42 He therefore welcomes that under the
proposed Immigration, Residence and Protection Bill children
may not be detained on immigration grounds.
52. The inadequate level of care provided to separated
children, along with the lack of mechanisms for identifying
separated children who enter the country, has been directly
linked to instances of children going missing. These children
may be in inherent danger of being trafficked for exploitation.43
The HSE reports that 313 children had gone missing from their
care placements between 2001 and 2005 and that 35 of these
were subsequently located, giving a net figure of 278 children
missing.
53. In 2007, Ireland signed both the Convention on action
against trafficking in human beings and the Convention on the
protection of children against sexual exploitation and sexual
abuse.44 Both Council of Europe conventions are victim
focussed, aiming at their protection and support through a
variety of means, including social ones. In October 2007, the
Minister for Justice, Equality and Law Reform published the
Criminal Law (Human Trafficking) Bill 2007, which contains
provisions criminalising trafficking in children for the purpose
of labour exploitation and the removal of organs for
exploitative purposes.45 NGOs and the Childrens Ombudsman
have however criticised the Bill for lacking effective measures
for victim support. The criticism was partly met in the draft
Immigration, Residence and Protection Bill, published in
January 2008, which contains provisions for a so-called
reflection and recovery period for victims of trafficking. While
welcoming these positive developments, the Commissioner
notes that the proposed 45-day reflection period may not be
long enough in the case of traumatised children.
54. The Commissioner is deeply concerned with the high
number of children who have gone missing from
accommodation centres in Ireland. A child who finds him or
herself in the care of the state should be afforded an equal
level of protection and rights as Irish children, while particular
attention needs to be paid to the prevention of
disappearances. Unaccompanied minors lack the protection
normally provided by families and are consequently
particularly vulnerable. This is even more so when children
have been traumatised through forced participation in armed
conflict. In order to provide adequate care for separated
children, and especially the more vulnerable ones,
accommodation centres should be staffed by vetted and
professional personnel. Children should also be given
information adapted to their age regarding the dangers of
human trafficking. Moreover, the provision of guardians ad
litem for each child would benefit the objective of preventing
disappearances as well. Finally, the role currently played by
NGOs in providing support for victims of trafficking should be
recognised and supported by the authorities.
3.4 Access to education
55. In the past, the Irish authorities have been criticised for
under-spending on education, resulting in poor infrastructure
and equipment and large class sizes,46 as well as for a lack of
choice due to the fact that the overwhelming majority of
primary schools in Ireland are Catholic schools. It should be
noted in this context that the vast majority of primary schools
in Ireland were originally established by religious authorities,
mainly the Catholic Church, and that they still continue to run
most of them. While the 2006 budget saw an increase of 500
teachers and much progress has been made in improving the
infrastructure,47 the lack of choice remains a problem. The
Commissioner visited Glanmire Community College, a non-
denominational school in County Cork and met with staff and
students. The growing diversity of Irish society has seen an
increase in the demand for multi-denominational or non-
denominational schools that the current practical and
legislative infrastructure is unable to meet, in particular when
schools are obliged to enrol Catholic applicants first. The
European Commission against Racism and Intolerance has
recommended that the greater demand for non-
denominational or multi-faith schools should be met.48 During
the visit of the Commissioner, several NGOs expressed
concerns about the segregation of non-catholic migrants in
education. They highlighted the case of a school in Balbriggan
which was almost entirely composed of African pupils who had
not been admitted to Catholic schools due to the priority given
to Catholic applicants. This case had attracted particular
controversy and criticism as regards insufficient preparation
for residential and educational integration of immigrant
communities.
56. The Commissioner encourages the Irish authorities in their
efforts to provide education in a safe and stimulating
environment and that the teacher-pupil ratio should be such as
promotes active learning for all groups of children. He notes
with satisfaction that the Irish Government intends to meet
the needs for providing adequate school facilities for the
estimated increase of 100,000 children entering Irish primary
schools over the next seven years. The Commissioner
underlines that providing quality education accessible to all
children is one of the most efficient ways of preventing
inequality, poverty and social exclusion. He welcomes the new
state model of community national school to be piloted in
three locations from September 2008. The model aims at
facilitating religious education for various denominational
groups. There are also plans to set up a tri-religious,
intercultural, interdenominational primary school in County
Kildare, teaching children of Christian, Jewish and Muslim
backgrounds together. Moreover, the Commissioner
appreciates the new school enrolment policy of the
Archdiocese of Dublin, which has recently set aside a one-third
quota for non-Catholic children in two pilot schools located in
areas of massive population growth. He encourages the
authorities to systematically address the increasing demand
for choice within the educational system while involving all
stakeholders including children in the process.
3.5 Access to mental health care
57. In January 2006, the Government adopted a mental health
strategy A Vision for Change in an effort to address deficits in
the Irish mental health system. Despite a certain progress
being observed, the lack of implementation of this strategy has
come under criticism by health professionals, NGOs, the
Ombudsman for Children and the Committee for the
Prevention of Torture (CPT).49 On the one hand, the question of
whether the current law permits persons who have been
detained in the Central Mental Hospital and who are no longer
in need of in-patient care, to be released subject to conditions,
is unclear and is the subject of litigation.50 On the other, there
are not enough places for those in need of hospitalisation. This
can result in police detention as an interim measure for a
disturbed person, notwithstanding that this practice has been
ruled illegal by the High Court.51 The Commissioner visited the
Central Mental Hospital which has been in operation since the
1850s as a secure psychiatric institution for those found
criminally insane or in need of therapeutic intervention -
frequently involuntary - in a secure setting. It has been the
subject of a number of reviews, the most recent of which was
commissioned by the Mental Health Commission. Its 2006
inquiry report highlighted many concerns that, despite
progress in some areas, continued to prevail in the institution
and concluded with several recommendations.52
58. During his visit it was apparent to the Commissioner that
the principal buildings of the Central Mental Health Hospital
were not suitable to meet todays care standards, a fact that
has met with general consensus. In the Irish Minister for
Health and Childrens meeting with the Commissioner, she
confirmed plans to build a new facility in the vicinity of
Thornton Hall, North of Dublin, projected to be completed in
2012. As Thornton Hall will be the site of a new prison
complex, NGOs and clinicians expressed their concern to the
Commissioner that locating a hospital nearby a prison could
lead to stigmatisation of mental health patients. Furthermore,
they were concerned about the inaccessibility of the location,
which could make efforts for the gradual reintegration of
patients more difficult. The Commissioner was impressed by
the high level of professionalism demonstrated by the staff in
the Central Mental Hospital and their commitment to the social
reintegration of patients. The Commissioner encourages the
Irish authorities to provide adequate facilities to replace the
current Central Mental Hospital, which would continue to
facilitate the effective reintegration of patients.
59. The Childrens Rights Alliance has raised concerns about
child and adolescent psychiatric services being under-
developed and under-funded. As a result, sixteen- and
seventeen-year-old children continue to be treated through
adult services and in adult psychiatric centres and have to
endure long waiting periods (sometimes 3 - 5 years) for
assessment. The Irish prison chaplains report refers to 3,000
children on waiting lists for assessment and 300 children being
treated every year in adult psychiatric hospitals.53 Moreover,
there also appears to be significant gaps in community-based
care and access to services for those at risk of self-harm,
including children.54 Such criticism has also been expressed by
the Ombudsman for Children who has stressed that the stigma
surrounding mental health issues is preventing children from
seeking assistance.55 She has called on the Irish Government
to implement their mental health policy A vision for change
with a particular focus on children. This would entail the
extension of current social services provided to children and
families at risk to a seven-day 24-hour service, the
establishment of child and adolescent mental health teams at
local level and the development of appropriate in-patient
facilities.
60. The Commissioner underlines that placing children who are
in need of psychiatric treatment in adult facilities is in breach
of the UN Convention on the Rights of the Child. He recalls
that the European Court of Human Rights has previously found
Ireland in breach of the European Convention on Human
Rights for temporary placement of a mentally ill minor into a
penal institution in 1997 due to the lack of available places for
care.56 He calls on the Irish authorities to provide sufficient and
adequately resourced separate facilities for mentally ill
children. Furthermore, he encourages the Irish authorities to
facilitate early intervention at local level and to substantially
reduce waiting periods for assessing and treating children.
4. Juvenile Justice
4.1 Juvenile Justice System
61. Juvenile justice is administered through the Irish Youth
Justice Service. The service was established as an executive
office of the Department of Justice, Equality and Law Reform in
December 2005 with a remit to implement the criminal justice
provisions of the Children Act 2001, as amended by the
Criminal Justice Act 2006. These provisions relate to sanctions
in the community, restorative justice, diversion projects and
the operation of detention schools. There are plans to invest in
the youth justice system under the National Development
Plan,57 to publish a National Youth Justice Strategy and to
develop a youth justice research programme. During his visit
the Commissioner met with the Director of the Youth Justice
Service.
62. The general age of criminal responsibility in Ireland is 12
years. However, an exception is made for 10 and 11-year-old
children charged with the most serious offences on the statute
book (murder, manslaughter, rape or aggravated sexual
assault), who face trial in the Central Criminal Court.58 While
the Commissioner welcomes that proceedings can only be
taken against a child under the age of 14 with the consent of
the Director of Public Prosecutions, he is nevertheless
concerned that the current rigid exception makes it possible to
charge a very young child with the most severe crimes in an
ordinary criminal court not specially equipped to deal with
children.
63. The Commissioner acknowledges the progress made
through the Children Act 2001. He highlights the right to be
heard and to participate in any proceedings that can affect
children and the introduction of sentencing principles to be
applied by all courts, such as age and maturity as mitigating
factors and the possibility to proceed with education, training
or employment without interruption.59 The Commissioner is
nevertheless concerned about the absence of guidelines to the
principles which are numerous and can sometimes be
contradictory.60 The Commissioner encourages the Irish
authorities to ensure full implementation of the Children Act
2001 and its principles, for example by providing guidance and
64. The Commissioner notes that children appearing before
the Children Court are protected by giving them anonymity
and that in 2006 this protection was extended to children
prosecuted in higher courts facing more serious charges in a
trial by jury. However, exceptions apply and anonymity can be
lifted in the public interest or to facilitate the enforcement of
an Anti-Social Behaviour Order (ASBO). During his visit, the
Commissioner discussed the issue with members of the
judiciary and underlined that in a world of strong media
attention for juvenile crimes, the right to privacy of children
must be carefully balanced against the freedom of the press,
taking due note of the specific vulnerability of children. In this
context, the Commissioner recalls that incorporating the
principle of the best interets of the child into the Irish
Constitution would provide for a reference point for the courts
when having to decide whether to lift anonymity.
65. The Commissioner welcomes that the Children Act 2001
contains the principle that detention must be a measure of last
resort. He acknowledges the efforts being made to divert
young people from the criminal justice system by providing for
a range of alternative sanctions such as the Garda (Police)
Diversion Programme and community sanctions. Under the
Garda Diversion Programme police officers can caution a child
and work with children and their families to identify together
which action is needed to address a childs offensive behaviour.
The Irish Government informed the Commissioner that under
this Diversion programme, the number of Diversion Projects
has increased from 64 in 2006 to 100 today, with a further
increase to 168 projects planned by 2012. While the
effectiveness of the programme is widely acknowledged,
criticism has been raised as to severe under-funding and lack
of independent oversight.61 Furthermore, under the Children
Act 2001, a range of new community sanctions for children
was introduced, to be operated by the Probation Service.
However, it appears that the new system of community
sanctions is not yet fully in place across the whole country.
66. Ireland has introduced Anti-Social Behaviour Orders
(ASBOs) in the Criminal Justice Act 2006 to respond to anti-
social behaviour by both adults and children. In the case of
children, the police can but are not required to try other
interventions like a warning and a meeting with parents similar
to the Diversion Programme prior to applying to a district court
for an ASBO. If an ASBO is breached, it constitutes a criminal
offence to be sanctioned by either a fine or detention for
behaviour that was not in itself criminal , a point for which the
ASBO legislation has been criticised. Furthermore, it is not
clear whether the system will be independently monitored.
67. The Commissioner is not aware of any ASBOs having been
issued so far. However, in his meeting with Garda the police
confirmed that ASBOs will be applied in accordance with the
2008 policing priorities issued by the Minister for Justice,
Equality and Law Reform in November 2007. The
Commissioner is concerned that violating a civil obligation can
be transformed into a criminal offence resulting in detention
despite the Children Act 2001 containing the principle that
detention must be a last resort. Welcoming the transposition of
this principle into Irish law, the Commissioner calls upon the
Irish authorities to review the current ASBO system and make
it mandatory for the police to explore all possible alternatives
to detention and to ensure independent monitoring of the
ASBO scheme.
4.2 Detention
68. Since 2006 under Irish law,62 children should only be
detained under the detention school model of care, education
and rehabilitation. However, as an interim measure, 16- and
17-year-old boys may continue to be detained in St. Patricks
Institution, a prison in which adults up to the age of 21 are
also kept. In view of the report recently published by the CPT,
the Commissioner chooses to concentrate on the detention of
children in the present report and will not refer to the
detention of adults more generally.63
69. St. Patricks Institution is part of the Mountjoy prison
complex in Dublin dating back to 1850. It accommodates
young people between the ages of 16 and 21, and it is the
only prison establishment in Ireland for children 16 years old.
The Commissioner visited St. Patricks and spoke with staff
members and with juvenile prisoners in private. He
acknowledged the progress made since the CPT visit in
October 2006, which had resulted in numerous changes albeit
within the limits of an outdated facility. The Commissioner
visited the new unit for 16- and 17-year-old inmates opened in
April 2007 as well as the new exercise room, training kitchen,
workshops and teaching facilities. He was pleased to learn that
there is communal eating for the children in the new unit and
that multi-disciplinary teams hold weekly health care
meetings. Furthermore, a net had been placed over the
exercise yard to prevent drugs being thrown over the
perimeter wall. Prison authorities informed the Commissioner
of plans to implement further drug prevention measures such
as increased security at the entrance.
70. Additional staff has been appointed, in particular to run
occupational activities, for drug prevention and psychological
as well as psychiatric support. The Integrated Sentence
Management (ISM) system that is being introduced in the Irish
Prison Service will also be available for young offenders
currently in St. Patricks. The system entails the
implementation of an individual risk and needs assessment
leading to care and post-release plans. The Commissioner was
also informed of plans to close St. Patricks and to build a
modern prison complex in Thornton Hall outside Dublin, which
could still hold minors as inmates.
71. The Commissioner visited Trinity House School,
Oberstown, Lusk County Dublin, a detention facility for boys
under 16 and met with some of them. A new unit for girls in
the vicinity had been opened in September 2006. The
Commissioner was impressed by the commitment shown by
the staff members and the facilities, in particular the step-
down unit which aimed at preparing children for their release
by accommodating them in a normal house on the site. He
also learned of plans to equip all bedrooms with showers and
toilets in the course of 2008. In the past, inspectors of the
Department of Education and Science had criticised Trinity
House on its care plans as some children had none and others
lacked clear goals. During his visit, the Commissioner was
assured that there was an individual care plan for each child,
the child being involved in the development of the plan. Staff
members, however, pointed out that an increasing number of
children was placed in detention for a relatively short period
(less than two years) which made it difficult to develop and
implement a meaningful care plan providing for education and
social integration. Staff members thought it would be
beneficial to have on-site family accommodation to enable
visiting parents not living in the vicinity to stay overnight, a
need that was also expressed by the children spoken to.
72. The Commissioner appreciates the change of law providing
that child offenders may no longer be imprisoned but should
be subjected to the detention school model when detention is
considered unavoidable. The Commissioner is, however,
concerned with the current interim provision resulting in
imprisonment for children in an out-dated facility together with
adult prisoners up to the age of 21. He is perplexed about the
plans of the Irish authorities to continue imprisonment in an
adult facility as a further interim measure in Thornton Hall as
this appears to contradict the current policy on youth justice.
He is aware of the Minister for Childrens announcement,
following recommendations made by an expert group, to build
a new detention school complex in Lusk, County Dublin. The
Commissioner urges the Irish authorities to live up to their
commitment as expressed in the Children Act 2001 and
discontinue the imprisonment of children, making the
detention school model available whenever detention is
deemed necessary.
5. Non-discrimination and womens rights
5.1 Legal and institutional framework
73. The legal basis of Irish anti-discrimination measures are
the three Equality Acts: the Employment Equality Act 1998,
the Equal Status Act 2000 and the Equality Act 2004. The
Equality Act of 2004 was introduced to amend the other Acts
to ensure compliance with the EU Employment Framework
Directive and the Racial Equality Directive.64 These Acts
prohibit discrimination on the grounds of gender, race, religion,
age, disability, sexual orientation, marital status, family status
and membership in the Traveller Community. The major
distinction between the Employment Equality Act and the
Equal Status Act relates to their scope. The Employment
Equality Act prohibits discrimination in the sphere of
employment and vocational training, whereas the Equal Status
Act prohibits discrimination in the provision of goods and
services.
74. A number of concerns have been raised in respect of
Irelands compliance with the EU directives. It is a matter for
dispute whether the EU Directives have been fully transposed
and, thus, the European Commission has taken formal action
against Ireland. The Equal Status Act does not cover all state
functions, activities and controlling duties while the available
sanctions do not appear to be dissuasive enough. Finally, some
exemptions have been allowed regarding non-citizens in the
field of education and same-sex couples in the field of social
welfare. Ireland does not recognise non-married or same-sex
partnerships, which may result in discrimination against
children born outside of marriage, unmarried fathers and gay
men.65 NGOs argue that this situation is incompatible with
Articles 8 and 14 of the European Convention on Human
Rights. The Irish authorities have informed the Commissioner
that a Civil Partnership Bill is currently being drafted.
75. Under the Employment Equality Act 1998, two equality
bodies were created, namely the Equality Authority and the
Equality Tribunal. The latter is the enforcement body of the
Equality Legislation. The Equality Authority is an independent
body which is charged with informing the public on equality
provisions and engaging in dialogue with various stakeholders
in Irish society. Individual complaints are dealt with by the
Equality Tribunal as the independent and quasi-judicial body to
treat complaints of alleged discrimination under equality
legislation. Its decisions and mediated settlements are legally
binding. Its director reports directly to the Minister for Justice,
Equality and Law reform. The Equality Tribunal is seen as a
major achievement as it operates in a transparent manner, all
of its decisions being publicly available.
76. During his visit, the Commissioner learned that there is a
waiting list at the Equality Tribunal and a substantial backlog of
cases resulting in delays of up to three years. This is
apparently caused by inadequate resources being allocated to
the Tribunal. The Commissioner was also informed of plans to
relocate the equality bodies from Dublin to Roscrea and
Portarlington as part of Government decentralisation and of
concerns that the relocation would result in the Equality
Authority being removed from its key partners, such as NGOs,
trade unions, Government bodies and the business sector. He
was therefore pleased to hear that a liaison office will be kept
in Dublin. The Commissioner urges the Irish authorities to
ensure and enhance the functioning of the Equality Authority
and the Equality Tribunal and, in particular, to provide
adequate funding to the latter to minimise the backlog of
cases.
5.2 Gender discrimination and womens rights
77. Some figures shed a light on the position of women in
Ireland. As of November 2007, only 18.4 % of the total seats
in the Irish Parliament were filled by women,66 even though it
should be acknowledged that women have long played an
important role in Irish politics, frequently as ministers and
twice as heads of state. As a positive development, the gender
pay gap has narrowed from 13 % in 2004 to 9 % in 2006,
which is below the EU average of 15 %.67 In April 2007, the
Irish Government published a National Womens Strategy
2007-2016 with over 200 actions to address needs for the
economic and social inclusion of women and with a budget of
58 million for the period up to 2013.
78. In relation to sexual and reproductive rights, it should be
noted that since 1983 under the Irish Constitution the right of
the unborn is guaranteed with due regard to the equal right
to life of the mother.68 No legal definition or case law exists as
to whether the "unborn" refers to the foetus at the point of
viability, from the moment of conception or at some other
point during pregnancy. Since the 1992 Supreme Court
judgment in the X case,69 abortion is legal if the life of the
woman is in danger. However, despite criticism of the
constitutional provision in the judgement, there is still no
legislation in place implementing the judgment and,
consequently, no legal certainty when a physician may legally
perform a life-saving abortion. In practice, abortion is largely
unavailable in Ireland in almost all circumstances. Some NGOs
argue that the legal limbo leads to a situation which
disproportionately favours the interest of the foetus over the
rights of pregnant women, thereby jeopardising womens
health and well-being and resulting in abortions performed
illegally or abroad.70 During the visit, the Irish authorities
informed the Commissioner that there were currently no plans
to legislate for abortion on the grounds of the X case.
79. Some civil society representatives advocate that access to
abortion services should be granted to all women in the
country, particularly when a woman's health is at risk, she is
pregnant as a result of rape or incest or there is evidence of
severe foetal anomaly. There have also been calls to hold a
referendum to offer the voters an opportunity to remove from
the Constitution the 1983 Amendment and to clarify the
language with regard to the unborn. Moreover, NGOs have
underlined that certain vulnerable women, especially young
and migrant women, have particular difficulties in accessing
abortion services abroad. These concerns are illustrated by the
case of 17 year-old Miss D from April 2007. When Miss D, who
was placed in the care of the state by virtue of an interim care
order, learned that she was carrying an anencephalic foetus, a
fatal condition whereby a large part of the skull and the brain
is missing, she wished to terminate her pregnancy but was
prevented from travelling until a High Court decision allowed
her to leave the country.71
80. The Commissioner is concerned that despite the already
existing case law allowing for abortion under limited
circumstances, no legislation is in place to ensure this
happening in practice. This leads to serious consequences in
each individual case but especially in such cases in which
vulnerable women such as minors and migrants are
concerned. In this context, he recalls the European Courts
judgment against Poland in which a violation of Article 8, the
effective respect for private life, was found due to defective
domestic abortion legislation.72 He urges the Irish authorities
and the legislator to ensure that legislation is enacted to
resolve this problem and that adequate medical services are
provided in Ireland to carry out legal abortions in line with the
jurisprudence of the Supreme Court.
81. Transgender persons in Ireland informed the Commissioner
that they experienced discrimination on account of their
gender identity. Ireland, unlike nearly all Council of Europe
member states, does not have a procedure for birth certificate
recognition for transgender persons. The European Court has
found several countries including the UK, France and Lithuania
in breach of the ECHR for such a lacuna.73 In Ireland, Dr. Lydia
Foy has been seeking to obtain a birth certificate reflecting her
female gender since April 1997. Upon her appeal, the High
Court on 19 October 2007 delivered a landmark judgment
ruling that the state is in breach of Article 8 of the ECHR, and
in February 2008 issued a declaration of incompatibility to be
put before Parliament if the state does not decide to appeal
the judgment within two months. Furthermore, NGOs have
expressed concerns about the discrimination of transgender
people in other fields, but in particular in the health sector. The
lack of trained staff and familiarity with the specific problems
of transsexual persons render transgender people vulnerable
to unpredictable and often hostile responses when they use
medical services. Moreover, it should be noted that
transgender persons are not protected by the TRANSIT -
HYPERLINK .http://en.wikipedia.org/w/index.php?
title=Prohibition_of_Incitement_to_Hatred_Act_1989&action=
edit. Prohibition of Incitement to Hatred Act 1989, which is
currently under review. The Commissioner welcomes the High
Court decision bringing clarity as to the states responsibilities
towards transgender persons. He expects that legislation
bringing the current birth registration law in line with domestic
case law and the standards of the European Convention on
Human Rights will be in place soon.
5.3 Violence against women
82. Violence against women including domestic violence
remains a persisting problem in all Council of Europe member
states. Ireland is no exception. The authorities have taken
several measures to combat violence against women including
the adoption of Domestic Violence Acts, the establishment of a
central Garda Sochna (Police) Domestic Violence and Sexual
Assault Investigation Unit which provides assistance to police
divisions countrywide and the introduction of the Garda Policy
on Domestic Violence. Yet, the UN Committee on the
Elimination of Discrimination against Women has noted the
high prevalence of violence against women and girls in Ireland
and at the same time the low prosecution and conviction rates
of perpetrators.74 It is estimated that fewer than 1 in 10
complainants in cases concerning sexual violence report their
experiences to the criminal justice system.75 It should be
acknowledged that the conviction rate in cases that are
brought to the courts is around 70% (figures for 2004) and
that Ireland has severe penalties for those convicted of rape or
assault. Yet the Rape Crisis Network in Ireland claims that only
5 % of rape cases reported to police result in conviction in
Ireland. NGOs also recommend further training for police,
prosecutors and judges in this field and the establishment of a
specialised court. Safety and barring orders can be applied
against perpetrators.
83. The National Office for the Prevention of Domestic, Sexual
and Gender-based Violence (Cosc) was set up in June 2007
with the responsibility of ensuring a well-coordinated response
to domestic, sexual and gender-based violence against women
and men, including older people. Regarding violence against
women, the Irish authorities informed the Commissioner that
Cosc aims at supporting state and non-governmental
structures already working in this area and to collaborate
closely with service providers who support victims and treat
perpetrators. Civil society representatives have pointed out
that NGOs providing support services to victims are under-
funded which results in women having to wait for counselling
services. This has particularly negative consequences for
vulnerable groups of women such as migrant workers, women
asylum-seekers and their children, women with disabilities,
Traveller women and women who experience complex
problems.
84. The Commissioner visited a womens shelter in Cork in
operation since the mid-seventies and was impressed by the
long-term commitment demonstrated by staff. He learned
about the new challenges resulting from increased migration to
Ireland such as language and cultural barriers making the
work more complex. He also discussed these issues with the
authorities as well as with civil society representatives. The
Commissioner welcomes the measures taken to combat
violence against women including the recent establishment of
Cosc and the fact that its remit extends beyond domestic
violence. In view of its broad mandate, he calls on the
authorities to provide Cosc with adequate resources for the
effective fulfilment of its tasks. He highlights the need to
ensure effective support for women victims of violence through
services supplied by both state and civil society operators.
6. Measures against racism and xenophobia
85. In recent years, Ireland has experienced rapid growth in
ethnic and cultural diversity as a result of immigration. The
census 2006 shows that 10 % of the population were foreign
nationals while the same figure for 2002 stood at 5.8 %.
According to the data on ethnic and cultural background in the
2006 census, 94.8 % of the population are considered White
(including the Irish Traveller community at 0.5 %), 1.3 %
Asian and 1.1 % Black. Among religions, Islam is now
placed as the third largest religion in Ireland with Muslims
numbering 0.8 % of the population after Roman Catholics
(86.8 %) and members of the Church of Ireland (3 %). ECRI
has identified Travellers (see the following chapter) and visible
minorities, especially Africans and Muslims, as particularly
vulnerable to racism and intolerance in Ireland.76
86. The Irish Police (An Garda Sochna) publish statistics on
racially motivated incidents in their annual reports. In 2006,
174 offences were reported while the figure for 2005 was 94,
84 in 2004, 62 in 2003 and 100 in 2002.77 These offences fall
mainly under the categories of assaults, public order offences
and criminal damages. Racist incidents are also reported to the
National Consultative Committee on Racism and
Interculturalism (NCCRI), which is a Government sponsored
independent expert body. In 2006, 65 incidents and, in 2005,
119 incidents were reported to the NCCRI. According to the
Equality Tribunals Annual Report 2006, 146 cases were
referred to the Tribunal by employees claiming racial
discrimination in the employment field, a 76 % increase in
comparison with 2005. It was estimated that about half of the
racism claims were successful and that they amounted to a
third of the Tribunals workload. Moreover, ECRI has noted that
some Irish media have portrayed asylum-seekers, refugees,
migrant workers, Travellers and Black and ethnic minorities in
a negative light.
87. Irish penal law does not specifically define racist offences,
nor does it expressly provide for the racist motivation of a
crime to be considered as an aggravating circumstance in
sentencing. However, the Irish judges may, on a discretionary
basis, take the racist motivation of the perpetrator into
account among other pertinent elements. ECRI and the UN
Committee on the Elimination of Racial Discrimination (CERD)
have recommended to the Irish authorities that the racist
motivation of a crime should be specifically legislated for as an
aggravating circumstance.78 The Irish authorities are in the
process of completing a review on the Irish penal law
provisions related to measures against racism. The scope of
the review also includes the Prohibition of Incitement to Hatred
Act 1989 with particular reference to the proposed EU
Framework Decision on Combating Racism and Xenophobia. An
expert study on the subject, commissioned by the Government
and carried out by the Centre for Criminal Justice at the
University of Limerick, should be published in early 2008.
88. Ireland is currently implementing a National Action Plan
against Racism which runs from 2005 to 2008. Its principal
objectives are 1) effective protection and redress against
racism, 2) economic inclusion and equality of opportunity, 3)
accommodation of cultural diversity in service provision, 4)
recognition and awareness of cultural diversity and 5)
participation of cultural and ethnic minorities in Irish society.
There are 240 action items divided among the major
objectives. While civil society representatives have expressed
their support for the objectives of the action plan, they have
highlighted the need for its effective implementation and
monitoring. Local anti-racist and diversity plans have been
drawn up in some cities and towns including Galway, Dublin
Inner City Partnership and Fingal County Council. In their
discussions with the Commissioner, representatives of local
authorities pointed out that although current manifestations of
racism and xenophobia in Ireland were fairly low-key, it was
important to persist in working against such tendencies,
especially since a possible economic downturn could risk
bringing about increased xenophobic and racist sentiments.
89. In June 2007, a Minister of State was appointed with the
specific responsibility of developing an Irish policy for the
integration of migrants. The Minister for Integration informed
the Commissioner of his intention to set up a Task Force on
Integration in 2008, supported by a consultative Forum for
Integration composed of the different stakeholders concerned
by integration. As regards the relations between the police and
minority groups, the Garda Racial and Intercultural Office was
already established in 2001 to improve communication and
consultation with ethnic minorities. Moreover, 500 ethnic
liaison officers have been appointed to improve communication
with ethnic minorities. However, NGOs have expressed
concerns that a measure aimed at introducing ID cards for
third country nationals only, as part of the proposed
Immigration, Residence and Protection Bill, could result in
ethnic profiling in terms of selective identity checks.
90. The Commissioner welcomes the National Action Plan
against Racism as well as the local anti-racist and diversity
plans, while stressing that their implementation requires
resources and should be carried out in close cooperation with
civil society, ethnic and cultural minority representatives. It is
also obvious that work against racism must be continuous and
that new action plans are prepared to follow-up those that are
completed. Monitoring the results of action plans should be
accompanied by continued efforts to improve and consolidate
data collection on racist and xenophobic incidents. The
Commissioner also highlights the positive role the recently
established Press Council and Ombudsman (see under 2.4) can
play in stemming racist and xenophobic discourse in the
media. He reiterates the recommendations made by ECRI and
CERD to reform Irish legislation so that the racist motivation of
a crime is considered as an aggravating circumstance.
Furthermore, the Commissioner encourages the Irish
authorities plans to prepare a comprehensive integration
policy in cooperation with all the stakeholders concerned. Such
a policy, which in the Commissioners opinion should cover all
ethnic and cultural minorities resident in Ireland, should aim at
facilitating the integration process of minorities in all walks of
life.
7. Situation of Travellers
91. According to the 2006 Census there are 22,435 members
in the Irish Traveller community. The Travellers themselves
estimate that the real figure may in fact be well above 30,000.
According to Traveller representatives, only a minority of
Travellers currently follow the traditional life-style of travelling.
Ireland has ratified the Framework Convention for the
Protection of National Minorities (FCNM) and acknowledges
that the Traveller community is protected under the
Convention, even if the state does not recognise the Traveller
community as a minority ethnic group. The distinct cultural
identity of Travellers is nevertheless acknowledged. Ireland has
not adhered to the European Charter for regional or minority
languages.
92. Both the Advisory Committee of the FCNM and ECRI have
assessed the situation of Travellers in Ireland in their 2006
reports.79 They have reported that Travellers have been
subjected to discrimination and racism in the fields of
education, employment, housing, health care, media reporting
and participation in decision making. The proportion of
Traveller children entering and completing secondary education
is substantially below the national average, although their
participation rate has increased significantly in recent years. 80
In 2006, the Equality Tribunal took two decisions related to
education, finding discrimination on the ground of membership
in the Traveller Community. In 2002, 72 % of Traveller men
and 60 % Traveller women were unemployed. According to the
Equality Tribunals Annual Report 2006, 18 cases related to the
Traveller ground and 25 cases related both to the Traveller and
racism grounds under the Equal Status Acts were brought to
the Tribunal in 2006. Also in 2006, the Equality Authority held
88 case files related to the Traveller ground under the Equal
Status Acts.
93. In the field of housing, there have been short-comings in
the implementation of statutory obligations for the provision of
Traveller stopping sites and group accommodation by local
authorities. The life expectancy of Travellers is estimated to be
significantly lower than that of the majority population,
although recent data is lacking. Some Irish media have
continued to promote negative stereotypes concerning
Travellers. The level of participation of Travellers in elected
bodies remains low at all levels, while Travellers are not always
represented on the key bodies which implement public polices
on Travellers, such as the High Level Group on Traveller
Issues.
94. The Irish authorities have responded to the situation of
Travellers through a number of sectorial policy initiatives. In
implementing the Housing (Traveller Accommodation) Act
1998, local authorities are required to prepare and adopt
Traveller accommodation programmes, the second of which
covers the period 2005-2008. The Traveller Education Strategy
was published by the Government in November 2006 with the
aim of ensuring Traveller equality in terms of access,
participation and outcomes. An All Ireland Traveller Health
Study was launched in July 2007. It is also expected that the
implementation of the Ten-Year Framework Social Partnership
Agreement 2006-2015 will improve the employment and
educational opportunities of Travellers. However, Traveller
representatives have criticised the newly established Press
Council for not including the prevention of biased reporting
about Travellers specifically in its draft code of conduct.
95. The Commissioner visited Traveller-specific accommodation
at Avilla Park and the nearby St. Marys temporary halting site
in Dunsink Lane, north of Dublin, and talked with residents at
both sites as well as with representatives of the local
authorities. Avilla Park consisted of 40 recently built houses,
while at St. Marys the Traveller families lived in run-down
caravans with very basic sanitary facilities in a land area
currently considered for redevelopment. Future plans for
Traveller accommodation in the area were pending decisions
regarding the redevelopment.
96. While the Commissioner acknowledges the significant
efforts made by the authorities to address the situation of
Travellers, he considers that a great deal of work remains to
be accomplished. Since a multisectorial approach is necessary,
policy coordination and effective monitoring of results are
essential. In order to promote participatory governance and to
produce sustainable results, it is especially important that the
authorities work closely with the Travellers themselves when
programmes designed for Travellers. During his visit to Cork,
the city authorities pointed out that the active participation of
Traveller representatives in their Traveller Interagency Group
had been central to the effectiveness of its work. The
Commissioner urges the Irish authorities to adopt a Traveller
inclusive approach in all policy and coordination bodies dealing
specifically with Traveller-related issues both at national and
local level, including the High Level Group on Traveller Issues.
The Commissioner also encourages further efforts to involve
Travellers in political decision-making. Traveller communities
should be adequately represented in local councils, and the
possibility of reserving a specific seat for the Traveller
community in the Irish parliament, perhaps in the Seanad,
would merit serious consideration.
97. Traveller representatives have made it known to the
Commissioner that many Travellers wish to be recognised as
members of an ethnic minority group in Ireland. The UN
Committee on the Elimination of Racial Discrimination has
encouraged Ireland to work more concretely towards
recognising the Traveller community as an ethnic group, while
the Advisory Committee of the FCNM has underlined the
relevance of the principle of self-identification stemming from
Article 3 of the Framework Convention.81 The Commissioner
encourages active dialogue on the question between the
Traveller Community and the authorities. Furthermore, the
Commissioner considers it essential that Travellers are
effectively protected against discrimination and racism under
national and international law. While it is true that Travellers
are specifically protected against discrimination under the
Traveller ground in the Irish anti-discrimination legislation, it
is also clear that Travellers can be victims of racism more
generally. It is therefore essential that Travellers are
acknowledged as potential victims of racism in the
implementation of the national action plan against racism and
the work of the recently established Press Council and its
Ombudsman. Travellers should also benefit from non-
discrimination provisions under the race ground at national,
European and international levels.
8. Treatment of migrants and asylum-seekers
98. Ireland's asylum system is a relatively new one as only in
the mid-1990s did asylum-seekers begin to enter the country
in significant numbers. However, its asylum legislation and
institutions did not become operative until the end of 2000.
Coupled with this has been the transformation of Ireland from
a country of net emigration, with a high unemployment rate
and depressed economy, to a multicultural country of net
immigration and a fast growing economy. The Irish
government seeks to address the challenges posed by this
development in its January 2008 Immigration, Residence and
Protection Bill. The new legislation aims at reviewing,
amending, consolidating and enhancing the current body of
legislation, which dates back to 1935. In addition, selective EU
law will be implemented.
8.1 The current immigration and asylum framework
99. Ireland is not a member of the Schengen system and has
made reservations to the Amsterdam treaty in the areas of
visa, immigration and asylum. Ireland may, however, opt in,
on a case by case basis, the relevant EU legislation and has
chosen to do so in a number of areas. Among the core
directives and regulations in the area of asylum and
immigration laws, Ireland has transposed the following: The
Refugee Qualifications Directive, the Dublin II Regulation
(including the EuroDac Directive), the Directive on Mass Influx,
and the Free Movement of EU-Citizens and Family Members
Directive.82 In the process of transposition is the Minimum
Standards on Asylum Procedures Directive83, which along with
the Refugee Qualification Directive will be implemented
through the proposed Immigration, Residence and Protection
Bill. Ireland has opted out of the Directive on Minimum
Standards for the Reception of Asylum Seekers and the
Directive on Family Reunification.84
100. On the domestic level, refugee determination in Ireland is
currently regulated by the Refugee Act of 1996 and the
European Communities (Eligibility for Protection) Regulations
of 2006. General immigration is regulated by the Aliens Act
1934, the Aliens Order 1946, the Immigration Acts 1999, 2003
& 2004 and the Illegal Immigrants (Trafficking) Act of 2000.
Citizenship is regulated by the Irish Nationality and Citizenship
Act, which was amended in 2005 following a change in the
Constitution to the effect that constitutional guarantees of Irish
citizenship for persons born in Ireland to non-Irish parents
have been removed. The current administrative structure for
processing asylum applications is made up of the Office of the
Refugee Applications Commissioner (ORAC) and the Refugee
Appeals Tribunal (RAT). RAT was established as an
independent mechanism to process asylum appeals from the
ORAC, but has been criticised for a number of reasons, among
them lack of publicity and alleged bias on the part of board
members, who are paid by the number of cases processed.
The draft Immigration, Residence and Protection Bill provides
for the establishment of a new and independent Protection
Review Tribunal in place of the RAT. The new body would be
required to improve transparency and consistency, and may
have full-time members. It may also publish selected decisions
based on their general relevance.
8.2 The proposed Immigration, Residence and Protection Bill
101. In January 2008, the Irish Government published the
draft Immigration, Residence and Protection Bill to replace the
current body of legislation governing immigration and
protection for asylum-seekers.85 The Bill introduces a single
procedure for reviewing applications for protection, including
applications for refugee status, subsidiary protection and other
applicable residence permits. The Office of the UN High
Commissioner for Refugees in Dublin (UNHCR) and several
NGOs have welcomed this step hoping that it will speed up the
currently lengthy proceedings, which in a
number of cases take three to five years. The draft Bill also
introduces a new status of long-term resident which grants
benefits generally on par with Irish citizens for those
immigrants who have at least five years residence in Ireland. 86
102. Like the earlier proposal from April 2007, the 2008 draft
Bill has been criticised for lacking sufficient clarity as it retains,
to a large degree, the principle of ministerial discretion and
does not put core areas such as family reunification on a
statutory basis. The proposed Bill does not provide an
independent appeal mechanism for immigration decisions and
may facilitate the summary deportation of undocumented
foreigners, without the right for a review. Another issue that
has been highlighted by NGOs is the continuation of the
Carriers Liability that was first introduced in the Immigration
Act of 2003, imposing penalties on airlines and ferry
companies for transporting people not in possession of proper
documentation to Ireland. Furthermore, under the draft Bill
judicial review for rejected asylum-seekers would be more
restricted and applicants may be deported while awaiting such
review.
103. The Commissioner welcomes the Irish Governments
initiative to provide a comprehensive immigration system,
including in particular the introduction of a single procedure for
determining applications for refugee status, subsidiary
protection and other leaves to remain. The Commissioner
hopes that this improvement would have a significant impact
on the length of proceedings for the determination of asylum
applications. In relation to the Bills aim to transpose the
Refugee Qualification and Asylum Procedure Directives, it
should, however, be underlined that the EU Directives
concerned only set minimum standards. The Commissioner
therefore calls on Ireland to implement them in the spirit of
improving the protection of refugees, as is stated in
preambular paragraph 8 of the Qualification Directive.
104. The Commissioner notes that the new Bill contains an
explicit prohibition of refoulement. 87 However, the UNHCR
Office in Dublin has raised numerous concerns related to
exceptions to the rule, including its procedural implementation
in the context of the asylum seekers arrival in the country.88
The Commissioner shares these concerns and furthermore
points to the proposed power to remove undocumented
migrants summarily, which appears not to provide a full
assessment of the individual case. The implementation of the
principle of non-refoulement and the extraterritorial protection
granted by Article 3 of the ECHR call for due process in the
form of access to appeals and a right to remain, pending a
final decision or judgment, in all cases where deportation
might lead to serious harm or torture, inhuman or degrading
treatment. Moreover, the Commissioner notes with concern
that the proposed Immigration, Residence and Protection Bill
contains provisions enabling courts to direct costs of so-called
frivolous and vexatious proceedings to the legal
representative of the applicant. With regard to the imperative
importance of independent legal counsel to the safeguarding of
human rights, the Commissioner calls for a review of these
provisions.
105. The Commissioner has also been made aware of a debate
regarding the establishment of closed reception or detention
centres for asylum applicants. The draft Immigration,
Residence and Protection Bill has been criticised for introducing
increased powers of detention for asylum-seekers.89 In this
context, it should be recalled that already in its report of
October 2006, the Committee for the Prevention of Torture
(CPT) called upon the Irish authorities to urgently review the
current arrangements for accommodating persons detained for
immigration offences.90 The Commissioner stresses that as a
rule asylum-seekers should not normally be subjected to
detention when they have not committed any offence and that
when failed asylum-seekers are kept in pre-deportation
detention they should not be accommodated in the same
facilities as sentenced criminal offenders.
8.3 Asylum-seekers
106. In 2006, Ireland received 4,314 applications for refugee
status. This is more or less on a par with 2004 and 2005,
where 4,769 and 4,324 applications respectively were
received, and a significant drop from early 2000 figures, which
reached above 10,000. In 2007, 3,985 asylum applications
were received, the lowest annual total since 2002. The number
of applications outstanding at the first instance, the Office of
the Refugee Applications Commissioner (ORAC) at the end of
2006 was 924. This represents a significant reduction from the
end of 2005 where more than 1,600 cases were pending and
the end of 2004 with more than 3,600 cases pending. The
Refugee Appeals Tribunal (RAT) received a total of 3,172 cases
and had 2,500 cases pending at the end of 2006. This reflects
not only the capacity of the RAT but also a delay caused by a
decision to hold cases pending a Supreme Court judgment in
relation to publications of decision by the RAT.
107. Since September 2003, all newly arrived asylum-seekers
have been required to reside and remain in the
accommodation allocated to them by the Reception and
Integration Agency (RIA) while their application for refugee
status is being considered. Failure to comply with this is an
offence that may lead to penalties.91 Asylum-seekers are
provided with three meals a day, but are not allowed to store
or cook food on the premises of the centre.92 They are not
entitled to take on paid work. The Commissioner visited
Kinsale Road Accommodation centre near Cork airport and
spoke to staff members and residents in private. The facility is
relatively new, and offers good conditions, including on-site
basic medical care. There were, however, no apartments
available for families with children; each family shared one
room, which resulted in very limited private space. Civil
Society representatives have informed the Commissioner that
this is a general problem in Irish reception centres. Reports
from independent inspectors engaged by the RIA also indicate
that deficiencies exist in certain centres, such as lack of
recreational facilities, overcrowding and problems of safety.93
The Irish authorities have informed the Commissioner that the
safety concerns raised in the inspection reports had been
addressed subsequently by proprietors.
108. While acknowledging that the facility visited is, in
general, of a good standard, the Commissioner is concerned
about the current state of accommodation for families and of
the deficiencies reported by independent inspectors. The
Commissioner is also concerned about the low degree of
personal autonomy asylum-seekers may retain throughout the
process, knowing that it can take three to five years to have
an asylum application determined. The Commissioner recalls
that ECRI has recommended the introduction of provisions
allowing temporary work permits for asylum-seekers. 94 In
addition to strengthening the autonomy of asylum-seekers and
providing revenues for the receiving country, access to the
labour market may actually facilitate reintegration into the
country of origin by making it possible for the asylum-seeker
to return home with a degree of financial independence or
acquired work skills. For these reasons, the Commissioner calls
upon the Irish authorities to consider providing asylum-
seekers with temporary work permits, possibly in the context
of the legislative change proposed.
8.4 Family reunification
109. Family reunification in Ireland is primarily governed by
administrative schemes based on the discretion of the Minister
for Justice, Equality and Law Reform. Family reunification for
holders of protection permits, however, is regulated by the
Refugee Act, and for EU-citizens by the European Communities
(Free Movement of Persons No. 2) Regulations 2006. The lack
of provisions regarding groups other than refugees and EU-
Citizens has been criticized by Civil Society representatives for
lacking transparency and for the ad hoc and frequently
inconsistent nature of decisions. Criticism has also been raised
regarding the lack of family reunification opportunities for non-
married couples and same-sex couples as well as of the
requirement of foreign nationals to notify the Minister of an
intended marriage.
110. The Commissioner recalls that following the European
Courts case law for Article 6.i of the ECHR, the importance of
accessibility, clarity and foreseeability should not be forgotten.
He is therefore concerned about the lack of statutory
regulations regarding family reunification for groups other than
holders of protection permits and EU citizens and recommends
the introduction of statutory provisions for all groups of
people. In view of the dynamic interpretation of the concept of
family life by the European Court of Human Rights, the
Commissioner encourages the Irish authorities to consider the
introduction of broader provisions allowing family reunification
to include less traditional types of family life. The
Commissioner also calls for taking into account the important
principle of the best interests of the child in any decision
relating to family reunification of children.
111. NGOs have expressed concerns about Irelands
transposition of EU law on the free movement of persons, as
regards family reunification. According to the current Irish law,
non-EU nationals married to EU-nationals residing in Ireland
are required to show evidence of lawful residence in another
EU member state prior to arrival in Ireland before they can
receive a residence permit. The objective of the requirement
has been to address pro forma or sham marriages, but it has
also affected a large number of de facto marriages. This
provision and its consistency with EU law has been challenged
in a case pending with the Supreme Court, with about 120
similar cases being on hold. The European Commission is
examining the matter. Meanwhile, some non-EU spouses have
received letters of intent to remove them from the country.
The Commissioner encourages the Irish authorities to await
the outcome of the pending procedures before removing the
people concerned from the country.
9. Fight against terrorism: extraordinary renditions
112. The term extraordinary rendition describes the
kidnapping of an individual by the agents of a State and the
transfer of that person to a secret prison in another State
where s/he can be tortured or subjected to inhuman or
degrading treatment or punishment and be interrogated and
detained indefinitely without recourse to the courts, to lawyers
or to any of the mechanisms set up to protect the human
rights of the individual.95 Ireland was one of the member states
listed in Senator Martys report, of 7 June 2006 for the
Parliamentary Assembly of the Council of Europe (PACE), to
have allegedly engaged in passive collusion in such
extraordinary renditions conducted by the United States of
America (US) in their fight against terrorism, by allowing
Shannon airport to be used by US aircraft as a stopover for
refuelling.96
113. Since December 2005, the Irish Human Rights
Commission (IHRC) has called on the Irish Government to
seek agreement from the US authorities to inspect aircraft
landing at Shannon Airport and other Irish airports. However,
the Irish authorities have asserted ever since that they
received assurances from the US administration that prisoners
have not been and will not be transported illegally through
Irish territory, and that there is no evidence to the contrary. In
December 2007 the IHRC published an extensive analysis of
the legal situation including recommendations to the
Oireachtas Joint Committee on Foreign Affairs.97 The report
concludes that diplomatic assurances are not in themselves
sufficient to fulfil a States obligations to safeguard against
torture or ill-treatment. It rejects the Irish Governments
position that evidence about suspect aircraft must first be
produced and given to the police, arguing that placing the
burden to gather evidence on private citizens was inadequate.
In its report, the IHRC refers to the numerous international
enquiries and reports being made, such as the January 2007
report of the European Parliament, the Council of Europes
PACE reports and the investigations by the Secretary General
of the Council of Europe under Article 52 of the ECHR. IHRC
finally recommends that the authorities put in place an
effective inspection regime to ensure that no foreign aircraft
which might be suspected of involvement in the illegal practice
of extraordinary rendition may land and refuel in Ireland.
114. During his visit, the Commissioner discussed the position
of the Irish Government with the Minister for Foreign Affairs,
underlining that the European Convention on Human Rights
contains an absolute prohibition of torture and degrading
treatment and of aiding and abetting it in any form. The mere
suspicion that the government of a country bound by the
Convention could have done so seriously undermines the
credibility and authority of the authorities possibly involved. It
is therefore indispensable, not only for such a government but
for the credibility of the entire human rights protection system,
to actively seek clarification of such suspicions. The
Commissioner notes that in his response to the IHRCs report
the Minister for Foreign Affairs continued to rely on diplomatic
assurances while reiterating that the Irish Government was
totally opposed to the practice of extraordinary renditions. 98
The Minister also referred to several alleged cases of
extraordinary rendition which had been investigated by the
police without producing any relevant evidence. Moreover, the
Minister called for a review of the Chicago Convention
governing civil aviation with a view to considering whether
further steps can be taken to provide adequate safeguards
against the possibility of extraordinary renditions. The
Commissioner welcomes the call for a review of the Chicago
Convention and appreciates the efforts of the Irish Police to
investigate alleged renditions. However, recalling Resolution
1507 (2006) of the Council of Europe Parliamentary Assembly,
the Commissioner calls on the Irish Government to take
effective measures to prevent renditions taking place through
Irish territory and airspace, and to review the current
inspection and monitoring arrangements with a view to
ensuring that effective and independent investigations are
carried out into any serious allegation of extraordinary
renditions.
10. Recommendations
The Commissioner, in accordance with Article 3 paragraphs b, c
and e and with article 8 of Resolution (99) 50 of the
Committee of Ministers, recommends that the Irish
authorities:
National system for protecting human rights
1. Ratify Protocol No. 12 to the European Convention on
Human Rights and the Convention on Action against Trafficking
in Human Beings.
2. Adjust the legal aid scheme to the extent that it reflects
actual cost of living standards.
3. Review the mandates of the different human rights
complaints bodies with a view to optimising their effectiveness
and independence as well as closing current protection gaps,
with particular reference to the remits of the Ombudsman and
the Ombudsman for Children.
4. Provide comprehensive and comparative information to the
public on the mandates and functions of different complaints
mechanisms.
5. Facilitate the interaction of authorities with civil society
representatives at all levels to ensure that their experience
and expertise can benefit policy formulation and
implementation.
6. Conduct a base-line study to assess the extent to which
human rights are integrated into education and training, so
that further needs can be identified and addressed for ensuring
that human rights awareness reaches all walks of society.
7. Develop a national action plan on human rights as an
inclusive process for continuously improving human rights in
Ireland.
Childrens rights
8. Implement the National Action Plan for Social Inclusion
2007-2016 so as to significantly reduce the number of children
experiencing consistent poverty.
9. Use the opportunity of the proposed constitutional
amendment to incorporate the best interests of the child as a
general principle in the Irish Constitution, in line with the UN
Convention on the Rights of the Child.
10. Prohibit corporal punishment of children in a
comprehensive way.
11. Provide for professional care in the accommodation
facilities for separated children and assign a guardian ad litem
to each separated child.
12. Address the increasing demand for choice within the
educational system, in particular with regard to cultural and
religious diversity.
13. Provide adequately resourced separate facilities and
services for minor psychiatric patients, and make early
intervention at a local level possible for such children.
Juvenile justice
14. Ensure full implementation of the Children Act 2001 and its
sentencing principles, for example, by providing guidance and
15. Develop further the system of alternative sanctions for
juvenile delinquents and ensure adequate funding for the
system across the country.
16. Review the current system of Anti-Social Behaviour Orders
so that it does not lead to an increased use of detention and
ensure its independent monitoring.
17. Apply the Children Detention School model when the
detention of juvenile offenders is deemed a necessary measure
and discontinue the imprisonment of children in adult facilities.
Non-discrimination and womens rights
18. Review the resource needs of the Equality Tribunal to
minimise its backlog of cases.
19. Clarify the scope of legal abortions through statutory law
in line with domestic jurisprudence and provide for adequate
services for carrying out such abortions in Ireland.
20. Change the law on birth registration in such a way that
transgender persons can obtain a birth certificate reflecting
their actual gender.
21. Provide the National Office for the Prevention of Domestic,
Sexual and Gender-based Violence with adequate resources
for the effective fulfilment of its broad mandate while, in
particular, ensuring effective support for women victims of
violence through services supplied by both state and civil
society operators.
Measures against racism and xenophobia
22. Monitor the implementation of the National Action Plan
against Racism and the local anti-racism and diversity plans in
close cooperation with civil society and ethnic and cultural
minority representatives, while preparing new action plans to
succeed the current ones.
23. Improve data collection on racist and xenophobic incidents.
24. Provide for the racist motivation of a crime to be
considered as an aggravating circumstance in Irish criminal
law.
Situation of Travellers
25. Work closely with Travellers when preparing, implementing
and monitoring policies and programmes designed for the
Travellers.
26. Promote the participation of Travellers in political decision-
making at local and national level.
27. Ensure that Travellers are effectively protected against
discrimination and racism under national and international law.
Treatment of migrants and asylum-seekers
28. Ensure that the right to remain in Ireland during the
procedure is granted to asylum-seekers who appeal asylum
decisions which raise questions in relation to Article 3 of the
European Convention on Human Rights.
29. Reconsider the provision in the proposed Immigration,
Residence and Protection Bill which would direct costs for so
called frivolous and vexatious proceedings to the legal
counsel of the applicant.
30. Provide family accommodation to families with children
31. Introduce temporary work permits for asylum-seekers.
32. Introduce statutory provisions regulating family
reunification for all groups of people.
33. Implement the principle of the best interests of the child in
decisions within the field of immigration and refugee law
related to children.
Fight against terrorism: extraordinary renditions

34. Review the current inspection and monitoring
arrangements in Ireland with a view to ensuring that effective
and independent investigations are carried out into any serious
allegation of extraordinary renditions.
APPENDIX 1
List of authorities, civil society organisations
and institutions met or consulted
Authorities
Members of Government
Mr. Bertie Ahern, An Taoiseach
Mr. Dermot Ahern, Minister for Foreign Affairs
Mr. Brian Lenihan, Minister for Justice, Equality and Law
Reform
Mr. John Gormley, Minister for the Environment, Heritage &
Local Government
Ms. Mary Harney, Minister for Health and Children
Mr. Brendan Smith, Minister of State for Children
Mr. Conor Lenihan, Minister of State for Integration
Attorney General
Mr. Paul Gallagher
Oireachtas
Mr. Michael Woods, Chairman, Joint Committee on Foreign
Affairs
Ms. Jan OSullivan, Vice Chairman, Joint Committee on Health
and Children
Mr. Sean Connick, Government Convenor, Joint Committee on
Justice, Equality, Defence and Womens Rights
Supreme Court
The Hon. Mr. Justice John L. Murray, Chief Justice
High Court
The Hon. Mr. Justice Richard Johnson, President
Director of Public Prosecutions
Mr. James Hamilton
Ms. Emily Logan
Garda Siochna Ombudsman Commission
Mr. Conor Brady, Commissioner
Equality Authority
Mr. Niall Crowley, Chief Executive Officer
Irish Human Rights Commission
Dr. Maurice Manning, President
Department of Foreign Affairs
Ms. Kathryn Coll, Director, Russia, Eastern Europe and Central
Asia Section
Mr. Andrew Noonan, Desk Officer, Eastern Europe and Central
Asia Section
An Garda Sochna
Mr. Fachtna Murphy, Commissioner
Irish Naturalisation and Immigration Service
Mr. Pat Folan, Director General
Irish Youth Justice Service
Ms. Michelle Shannon, Director
City of Dublin
Mr. Paddy Bourke, Lord Mayor of Dublin
City of Cork
Mr. Terry Shannon, Deputy Lord Mayor of Cork
Ms. Catherine Clancy, Councillor
Civil Society
University Institutes
o Centre for Criminal Justice and Human Rights (CCJHR),
University College Cork
o Irish Centre for Human Rights, National University of Ireland,
Galway
Non-governmental organisations
o Age Action Ireland
o Amnesty International
o Childrens Rights Alliance
o Free Legal Advice Centres
o Gay and Lesbian Equality Network
o Inclusion Ireland
o Integrating Ireland
o Irish Council for Civil Liberties
o Irish Family Planning Association
o Irish Penal Reform Trust
o Irish Refugee Council
o Migrant Rights Centre
o National Network of Womens Refuges and Support Services
o National Womens Council of Ireland
o Pavee Point
o People with Disabilities in Ireland
o Rape Crisis Network Ireland
o Transgender Equality Network Ireland
Institutions and Sites
o Accommodation Centre for Asylum Seekers, Kinsale Road,
Cork
o Central Mental Hospital, Dublin
o Cuanlee Womens Refuge, Cork
o Glanmire Community College, Co. Cork
o St. Patricks Institution for Young Offenders, Dublin
o Traveller specific accommodation at Avilla Park and
temporary halting site at St. Marys, Dunsink Lane, North of
Dublin
o Trinity House Detention School, Oberstown, Lusk, Co. Dublin
International Organisation
Mr. Manuel Jordo, Representative of the UN High
Commissioner for Refugees in Ireland
Other
The Commissioner delivered the IHRC Annual Human Rights
Lecture at the National Gallery in Dublin entitled Current
Challenges to Human Rights Protection in Europe. He also
delivered the keynote address at a Seminar on Guardianship
and Migrant Children co-organised by the CCJHR and the Irish
Refugee Council.
APPENDIX 2
Response of the Irish government

As a founding member of the Council of Europe, Ireland
considers the promotion and protection of human rights as a
key policy priority, both domestically and on the international
stage. Ireland remains a strong supporter of the work of the
Council and in particular attaches the highest importance to its
efforts in the core areas of human rights, democracy and the
rule of law.
Respect for human rights is a long-held value of the Irish state
and of successive Irish Governments. In 2003, the European
Convention on Human Rights was given further effect to in
Irish law, allowing citizens to rely on its provisions in domestic
court proceedings. This complemented the very extensive
protection of citizens fundamental rights already afforded by
the 1937 Irish Constitution and by the body of Irish law.
One of the unique aspects of the Council of Europes work in
the area of human rights is the standard-setting and
monitoring work carried out under its aegis. This is evident in
the mandate of the Commissioner for Human Rights. The
Government recognises that the Office of the Commissioner
plays an important role in the architecture of human rights
protection in Europe.
The Government takes note of the Commissioners
comprehensive report on Ireland. It is the result of a
productive and active dialogue between the Commissioner and
the Irish authorities both in advance of and during his visit in
November 2007, and the Government is grateful for the
Commissioners kind words on the quality of co-operation with
him.
The recommendations it makes will be considered carefully by
the Irish authorities, who are committed to continuing to
identify and implement improvements in protection of the
human rights of all citizens of and residents in Ireland.
The Government looks forward to continued cooperation with
the Commissioner for Human Rights in the future.
Ireland would like to take this opportunity to make the
following comments.
Recommendation 1: Ratify Protocol No. 12 to the
European Convention on Human Rights and the
Convention on Action against Trafficking in Human
Beings
The Government attaches high priority to tackling the issue of
human trafficking including putting in place the necessary
legislative and administrative frameworks to enable Ireland to
ratify the Convention on Action against Trafficking in Human
Beings at the earliest time possible.
The Department of Justice, Equality and Law Reform now has
a dedicated Anti- Human Trafficking Unit with a mandate to
develop and support the implementation of a new national
strategy to address human trafficking. The Unit will act as a
pivot at national level, facilitating a well-focused, coordinated
approach to tackling the sordid and heinous crime of human
trafficking. It will also engage constructively with the NGO
community, which will have an important part to play,
particularly in relation to follow-up service provision to victims
of human trafficking.
Two key pieces of legislation the Criminal Law (Human
Trafficking) Bill 2007 and the Immigration, Residence and
Protection Bill 2008 are currently being considered by the Irish
Parliament. When they are enacted and the necessary
administrative arrangements are in place, Ireland will be in
compliance with various international anti human trafficking
instruments, including the Council of Europe Convention
against Trafficking in Human Beings. The intention would be to
then ratify the Trafficking Convention.
Ireland welcomes and supports the Council of Europes
commitment to constantly improve and develop the
international body of law for the protection against
discrimination, including Protocol No 12 to the ECHR.
As a signatory to Protocol 12, which seeks to enlarge the
original prohibition on discrimination in Article 14 of the ECHR,
Ireland keeps the question of ratifying the Protocol under
review. The major issue is the lack of clarity as to the precise
extent of the obligations imposed on States Parties by the very
broad general prohibition on discrimination in Article 1 of the
Protocol. We will watch closely how the European Court of
Human Rights interprets the scope of this Article when it
comes to rule on individual cases. The open, non- exhaustive
list of discrimination grounds in the Protocol contrasts with the
prescriptive list of discrimination grounds enshrined in
Irelands Employment Equality and Equal Status Acts and in EU
anti-discrimination law.
Recommendation 2: Adjust the legal aid scheme to the
extent that it reflects the actual cost of living standards
The Civil Legal Aid Board provides legal aid to persons of
modest means in accordance with the provision of the Civil
Legal Aid Act, 1995. The Board has received increases in
funding in recent years, and its allocation in 2008 is almost
27 million with an additional 9.89 million for Refugee Legal
Aid.
The financial eligibility limits under the Civil Legal Aid scheme
reflect actual cost of living expenses. Certain amendments
were made to the qualifying criteria which extended the
number of people who can qualify on income grounds and also
had the effect of improving access to the scheme.
A study has been commissioned to analyse actual eligibility
levels of the civil legal aid scheme and the early indications
from this exercise are that a substantial proportion of the
population qualifies for civil legal aid.
Ireland also operates a criminal legal aid scheme which
provides for the granting of free legal aid, in certain
circumstances, for the defence of persons of insufficient means
in criminal proceedings. In 2008, the criminal legal aid scheme
had a significant budget allocation of 45.6 million. The
decision to grant free legal aid in criminal proceedings is a
purely discretionary matter for each court. It is based on the
applicants means and allows that he or she may have legal aid
where the court is satisfied that this is essential in the interest
of justice, having regard to the gravity of the charge.
Ways of improving the provision of state services against the
background of increased migration to Ireland are reviewed on
an ongoing basis. A strategic study with a view to the
development of quality and cost-effective interpretation and
translation services for Government service providers is due to
be completed by mid 2008. It will assess the strengths and
weaknesses of the current provision from the perspective of
providers and users of services, identify models of good
practice and develop preferred options for future provision.
Recommendation 3: Review the mandates of the
different human rights complaints bodies with a view to
optimising their effectiveness and independence as well
as closing current protection gaps with particular
reference to the remits of the Ombudsman and the
The Irish Government recognises the importance of
independent complaints bodies which function to maintain
public confidence and support in the organs of public
administration.
Bodies such as the Equality Authority, the Irish Human Rights
Commission and others are required by legislation to submit
an annual report on their activities to the relevant Minister
(these reports are also usually laid before parliament).This
enables the Government to continuously monitor the work of
the various complaints bodies, including issues such as their
mandates, effectiveness and independence. The more recently
established bodies need to optimise their effectiveness and
assert their independence on the basis of their existing
mandates before these are reviewed individually in due course.
The current national social partnership agreement, Towards
2016 - Ten-Year Framework Social Partnership Agreement
2006 2016, includes a commitment to review expenditure
on the equality infrastructure provided by the Equality Acts to
reduce the incidence of discrimination. As part of this exercise,
the Department of Justice, Equality and Law Reform and the
Board of the Equality Authority plan to carry out a value for
money review of the Equality Authority.
On 31 March 2008, the Government published a Bill providing
for the establishment of a Legal Services Ombudsman who will
be independent in the performance of his or her duties. The
functions of the office will include receiving and investigating
complaints as well as developing initiatives to improve public
understanding of issues relating to complaints against
members of either branch of the legal profession.
The Government welcomes the Commissioners
acknowledgement of its efforts to resource the national human
rights institutions and of the dedicated work for the protection
of human rights done by the members of many human rights
structures whom he met during his visit.
The Government notes the Commissioners comments

concerning the Ombudsman's remit. Subject to Government
approval, it is expected that legislation will be published in the
near future to update the Ombudsman Act 1980 and
significantly expand the remit of the Ombudsman, although
there are no proposals to include the asylum/immigration
area, or places of detention. There are also no proposals to
amend or review the provision in the Ombudsman Act (at
section 5(3)) which permits a Minister of the Government to
request the Ombudsman not to investigate particular actions.
The Ombudsman for Children does not have statutory
functions relating to the inspection of, or investigation of
complaints in prison institutions. The statutory powers of
inspecting prison institutions and hearing prisoner complaints
are vested in the Inspector of Prisons and the Prison Visiting
Committees. However, if an individual detained in the Irish
prison system and who is less than eighteen years of age
wishes to see the Ombudsman for Children, the Irish
authorities will facilitate access for that person.
At the invitation of the Governor, the Ombudsman for Children
has visited St. Patricks Institution which currently
accommodates 16 and 17 year old boys, as a temporary
measure. Once the Irish Youth Justice Service takes on
responsibility for them, 16 and 17 year old boys will
automatically be included in the Ombudsmans remit.
The Ombudsman for Children has a statutory role relating to
the investigation of any actions or complaints in the four
children detention schools which accommodate boys up to the
age of 16 years, and girls up to the age of 18 years who are
remanded or committed by the criminal courts.
Recommendation 4: Provide comprehensive and
comparative information to the public on the mandates
and functions of different complaints mechanisms
The report acknowledges positively that each of the many
human rights structures in Ireland already provides
information to the public on its mandate and procedures in an
easily understandable format.
On the issue of helping members of the public to understand
where best to direct their individual concerns, the website of
The Citizens Information Board which contains comprehensive
information on State services, includes a booklet "Where to
complain" giving detailed advice along the lines recommended
by the Commissioner. The booklet is currently being updated
to reflect the many relevant developments since 2004. See:
http://www.citizensinformationboard.ie/publications/publicatio
ns_booklets.html
The public can also get relevant information from the network
of Citizens Information Services and from the national Citizens
Information Phone Service. In 2007, information, advice and
advocacy services provided from 268 locations dealt with more
than 600,000 callers while the national Citizens Information
Phone Service had over 100,000 callers.
Recommendation 5: Facilitate the interaction of
authorities with civil society representatives at all levels
to ensure that their experience and expertise can
benefit policy formulation and implementation
The Irish Government recognises the important role of civil
society and appreciates the valuable input made by civil
society during the policy formulation and implementation
processes.
Appropriate mechanisms are designed to meet the needs of
specific policy issues as they arise and these generally
incorporate the invitation of submissions from the public and
representative groups followed by engagement with specific
groups on details of proposals. Examples of involvement of
civil society in policy formulation in recent years include the
consultative processes which supported the development of
inter alia the National Womens Strategy, the preparation of
the Immigration Residence & Protection Bill and the National
Action Plan to Prevent and Combat Trafficking in Human
Beings. In the Integration area, the planned establishment of a
Task Force on Integration as well as the establishment of a
Ministerial Council will also enable stakeholders to input into
Integration policy.
Regulatory Impact Analysis (RIA) was formally introduced in
Ireland in June 2005. It is a far reaching instrument applicable
to all proposals for primary legislation and other significant
regulations. Consultation and the consideration of social,
economic and environmental impacts, including impacts on the
rights of the citizen, are integral elements of the RIA process.
In addition, equality proofing tools have been developed as a
mechanism to ensure that policies and programmes do not
adversely impact on any vulnerable groups protected by
national equality legislation.
Ireland has a very strong social partnership structure and has
had seven social partnership agreements to date including the
current "Towards 2016" agreement. The Social Partnership
structure allows for extensive interaction and negotiation
between the Government and the Social Partners - that is, the
main trade union, employer and farming organisations as well
as the community and voluntary sector.
Recommendation 6: Conduct a base-line study to assess
the extent to which human rights are integrated into
education and training so that further needs can be
identified and addressed for ensuring that human rights
awareness reaches all walks of society
The wide range of ongoing initiatives in the field of human
rights education in Ireland is known to the Commissioner and
is welcomed in his report. Insofar as the school system is
concerned, the Government does not see the added value of a
base line study of human rights education.
The human rights perspective permeates the curriculum of
primary and post-primary schools. From developing the young
childs awareness of how to interact fairly with others, treat
them with dignity and respect and learn to appreciate
difference, the curriculum gradually widens to include, through
the teaching of history and geography for example, the
themes of poverty, discrimination, prejudice, racism,
sustainable development and environmental awareness among
others. Mental health issues and child protection issues,
specifically bullying, are also featured. Human rights education
is a core element of both Social Personal and Health Education
(SPHE) which is a mandatory part of the national curriculum in
primary schools and in lower second level education and Civic
Social and Political Education (CSPE) which is an examinable
subject taken by all junior cycle pupils. Senior cycle
programmes in Politics and Society and in SPHE are currently
being developed.
In relation to the reference in paragraph 35 of the report to
human rights education for professionals, in particular the
judiciary and the health sector, information has been provided
to the Commissioners Office on human rights programmes
and research at 12 third level education institutions in Ireland.
Information has also been provided on the Judicial Studies
Institute, which provides for the ongoing education of the
Judiciary. Arrangements will be made to draw the
Commissioner's comments on the need for human rights
education of the judiciary to the attention of the Judicial
Studies Institute. See also response to recommendation 14.
The principles of equality, maximum participation and choice
for individuals are basic elements of the approach to health
care training in Ireland. Human rights awareness is already
addressed in the curriculum for training nurses and midwives.
The Government has noted the Commissioners point in
relation to the need for human rights education for health
sector professionals generally.
Recommendation 7: Develop a national action plan on
human rights as an inclusive process for continuously
improving human rights in Ireland
The promotion and protection of human rights is an important
element of Irelands domestic and foreign policy. To target
areas of concern in a human rights context, Ireland has
developed a number of National Action Plans, including those
related to racism, women and social inclusion. The emphasis in
these plans is on a whole of system approach, with particular
focus on mainstreaming issues into the formulation of public
policy. Our approach is further informed by a desire to develop
the most effective strategies to address human rights issues.
Ireland has also developed a number of National Strategies to
tackle specific areas of concern. Among these strategies are
those relating to children and childcare, disability, health,
homelessness, prison policy, the Traveller Community and
youth justice. Work is currently underway to develop a
strategy in the area of violence against women.
Ireland keeps policy regarding the promotion and protection of
human rights under constant review. Priority is given to
consideration of recommendations arising from the reporting
mechanisms of the Council of Europe and the United Nations.
The Irish authorities continue to closely monitor strategies and
experiences elsewhere to see if they can usefully be applied in
Ireland.
Recommendation 8: Implement the National Action Plan
for Social Inclusion 2007-2016 so as to significantly
reduce the number of children experiencing consistent
poverty
Ireland is determined to achieve a very high level of social
inclusion. The main policy instrument in this area, which builds
on progress already achieved, is the National Action Plan for
Social Inclusion (NAPinclusion) which aims to reduce
consistent poverty to between 2% and 4% by 2012 and to
eliminate it by 2016. Moreover, the National Development Plan
2007-2013 includes a commitment to spend nearly 50 billion
over that period on social inclusion targets, including over 12
billion for children's needs. Most recently, Budget 2008
included a 194 million improvement in income supports to
combat child poverty focused on increases in the early
childcare supplement and in child benefit. The increases in
Child Benefit came into effect on 1 April 2008.
The latest survey results from the Central Statistics Office
(CSO) for 2006 show that the overall consistent poverty rate is
on a downward trajectory.
A key focus of education policy is to prioritise investment in
favour of those most at risk and to optimise access,
participation and outcomes at every level of the system for
disadvantaged groups. Investment in tackling educational
disadvantage has increased significantly in recent years. In
2008, some 800m is being provided for targeted initiatives at
all levels - an increase of some 70m on the comparable 2006
figure and a 75% increase on the comparable figure for 2003.
Under the social partnership agreement, Towards 2016, the
Government and the social partners have agreed to work
together towards the goal that every child should leave
primary school literate and numerate and that the proportion
of the population aged 20 24 completing upper second level
education or equivalent will exceed 90% by 2013. It has also
prioritised the tackling of early school leaving. The first
integrated educational inclusion strategy for 3 to 18 years olds
from disadvantaged communities, DEIS (Delivering Equality of
Opportunity in Schools), was launched in 2005. It provides for
a standardised system for identifying levels of disadvantage
and an integrated School Support Programme (SSP) which will
cover 873 schools. On full implementation, it will involve an
additional annual investment of some 40m. Details of
implementation measures to date and priorities for 2008 have
been provided to the Commissioner.
Recommendation 9: Use the opportunity of the
proposed constitutional amendments to incorporate the
best interest of the child as a general principle in the
Irish Constitution in line with the UN Convention on the
Rights of the Child
The Irish Government notes the Commissioners comments
regarding the proposed amendment to the Constitution. It
awaits the conclusions of the Joint Committee on the
Constitutional Amendment on Children following its
examination of the Twenty-Eighth Amendment of the
Constitution Bill 2007 before proceeding further.
Recommendation 10: Prohibit corporal punishment of
children in a comprehensive way
The Irish Government notes the Commissioner's comments in
relation to the full prohibition of corporal punishment and the
acknowledgement of the need for sustained public education
and the promotion of positive parenting, aside from legal
reform. The Government is actively promoting a policy of
positive parenting and further developing family support
services. As the Commissioner is aware, research already
underway will inform further consideration of this issue.
Recommendation 11: Provide for professional care in
the accommodation facilities for separated children and
assign a guardian ad litem to each separated child
The Office of the Minister for Children and the Health Service
Executive (HSE) are working towards the provision of
appropriate services which meet the needs of separated
children. The HSE are devising a National Operational Policy for
separated children. This is at an advanced stage and will
support the principle that all children in the care of the HSE
should receive the same standard of care whether they are
separated children seeking asylum or indigenous children in
care. The policy will also reflect the principle of good practice
that younger children under 12 should be placed in foster care,
while older, less vulnerable young people can be placed in
residential care or supported lodgings as appropriate. When
implemented, this policy will fulfil the Commissioners
recommendation in relation to the professional care for these
minors.
New national protocols regarding missing children are
currently being drafted and will be finalised shortly. The HSE
are in consultation with the Garda (police) Missing Persons
Bureau on this matter.
A number of staff in both the Office of the Refugee
Applications Commissioner (ORAC) and the Refugee Appeals
Tribunal (RAT) have received specialised training in dealing
with cases of unaccompanied minors. This training is currently
facilitated by the UNHCR and involves presentations to
practitioners from child care experts focusing on issues such as
psychological needs, child specific aspects of the refugee
process, the role of the social worker and other issues
particular to refugee determination for separated children.
Specific provision of guardian ad litem services for separated
children would need to be considered in the context of a wider
range of policy considerations which go beyond the needs of
this particular group of children. Full implementation of the
National Operational Policy regarding the care of these minors
(referred to above) will also impact on the potential need for
such services.
Recommendation 12: Address the increasing demand for
choice within the educational system, in particular with
regard to cultural and religious diversity
As noted by the Commissioner the demand for choice is being
actively pursued by the Department of Education and Science
in consultation with the key stakeholders in education.
The current shape of our school system reflects the historical
reality that the vast majority of primary schools in this country
were established by religious authorities mainly the Catholic
Church. Such schools have traditionally welcomed pupils from
all backgrounds and continue to do so and many have large
numbers of non-Catholics enrolled. There has been an increase
in the number of patron bodies seeking recognition for new
schools and in recent years most of the new schools opened
have been multi-denominational in ethos.
In February 2007 the Minister for Education and Science
announced her intention to devise a new model of primary
school patronage which has the capacity to cater for the
wishes of parents of all faiths and of none within the
framework of a single patron model and a single board of
management structure. The framework for the new model
would be representative of and designed to cater for the
diversity of religious beliefs within an area served by a primary
school. It was stated that the new model was not intended to
replace the existing models but to provide an additional option,
likely to be used particularly in growing areas. It is important
that all schools have the range of pupils that is fully
representative of their wider communities, both Irish and non-
Irish.
Following consultations with key stakeholders in the
intervening period, the Minister has announced that the new
State model of community national school, under the
patronage of County Dublin Vocational Education Committee
(VEC), is to be piloted in three locations in Dublin from
September 2008. A core principle of the new model is that the
school would facilitate religious education for various
denominational groups as part of the school day.
In March 2008 the Minister for Education and Science
announced that she is planning a major conference this June
to consider the implications of the new societal diversity on the
future organisation of schools in Ireland. This conference will
also focus on the balance between parental choice and
capacity to deliver; the need to ensure that all schools are
inclusive and the implications of this for enrolment policies.
The Government is very conscious of the need to ensure timely
provision of extra accommodation for the estimated 100,000
extra children who will enter our primary schools over the next
seven years or so. To this end, 95 million or 30% - extra is
being provided for primary school buildings in 2008, bringing
total capital expenditure on the building programme to nearly
600 million next year. This has been acknowledged with
satisfaction by the Commissioner.
There are now almost 2,000 English language support teachers
in the system catering for the needs of immigrants in primary
and post-primary schools at a cost of approximately 120
million per annum; this is up from 260 support teachers in
2001/2002.
The above initiatives confirm that the Government is actively
addressing the increasing demand for choice within the
education system and is involving the key stakeholders, as the
Commissioner has recommended.
Recommendation 13: Provide adequately resourced
separate facilities and services for minor psychiatric
patients, and make early intervention at a local level
possible for such children
Government policy for the development of Child and
Adolescent mental health services is outlined in A Vision for
Change. It recommends the recruitment of additional Child
and Adolescent Multidisciplinary Mental Health Teams and the
development of additional in-patient accommodation.
In 2008 eight additional Multidisciplinary Teams will be
recruited and 18 additional beds provided. Construction of two
20 bed units (in Cork and Galway) for children and adolescents
will also commence in 2008.
With reference to paragraph 58 the Governments decision to
relocate the Central Mental Hospital (CMH) to Thornton Hall,
Co Dublin is consistent with A Vision for Change" which
recommends that the CMH should be replaced or remodelled
to allow it to provide care and treatment in a modern, up-to-
date humane setting and that capacity should be maximised.
The new hospital facility will provide a therapeutic, forensic
psychiatric service to the highest international standards, in a
state-ofthe-art building. This redevelopment of the CMH will
constitute a separate capital development project independent
of the prison complex to replace Mountjoy Prison. It will be
built on its own campus with an entrance and an address
separate to those of the prison complex; it will be owned and
managed by the Health Service Executive (HSE) and it will
retain its identity as a distinct therapeutic health facility.
Recommendation 14: Ensure full implementation of the
Children Act 2001 and its sentencing principles for
example by providing guidance and specific training to
the judiciary
Ireland is committed to supporting the rights of children and
young people and the Government encourages the detention
of children only as a very last resort. To achieve this goal the
Government established the Irish Youth Justice Service.
Last year, the Government agreed the allocation of additional
resources to allow for the effective implementation of the
Children Act 2001. The additional resources include staff for
the Probation Service, 28 new Juvenile Liaison Officers and
three additional District Court Judges.
In the area of juvenile justice the Irish Youth Justice Service

plays a key role in the implementation of the Children Act
2001 by leading and driving reform in this area. This has led to
the development of a National Youth Justice Strategy for the
period 2008-2010, which has recently been approved by
Government.
With regard to the specific reference to providing guidance
and specific training to the judiciary, it should be noted that
the Irish Constitution guarantees the independence of the
judiciary.
The Judicial Studies Institute was established by the judiciary
in 1996. The role of the Department of Justice Equality & Law
Reform is limited to the provision of funding for training and a
sum is provided annually to the Institute. The Institute
produces a journal periodically and organises conferences,
seminars and lectures for judges with the object of enhancing
their knowledge and understanding of the law and legal
principles with particular regard to new developments. The
Commissioner's recommendations will be brought to the
attention of the Institute.
Recommendation 15: Develop further the system of
alternative sanctions for juvenile delinquents and
ensure adequate funding for the system across the
country
The Government is committed to continuing the development
of alternative sanctions for juvenile offenders. The Children Act
of 2001 emphasised the importance of diverting young people
from the criminal justice system. The provisions of the Act
provided for the introduction of a range of new Community
Sanctions for children to be operated by the Probation Service.
The number of Garda (police) Youth Diversion Projects has
been increased significantly and the full range of Community
Sanctions is being implemented. Twenty nine new projects
were established in 2007, bringing the total number of such
projects to 100. A further 68 projects will be established over
the next five years in line with the commitment given in the
Programme for Government.
Under the National Development Plan 2007-2013, a sum of
120 million has been allocated to Garda Projects and 104
million to the implementation of Community Sanctions.
Recommendation 16: Review the current system of Anti-
Social Behaviour Orders so that it does not lead to an
increased use of detention and ensure its independent
monitoring
The provisions of the Children Act 2001 provide for a range of
community sanctions to the courts. The sanctions are aimed at
reducing the number of children sentenced to detention by the
courts. They also seek to improve the outcomes for children in
a range of areas including such matters as re-offending,
education attainment, family supports and substance abuse.
An investment of 104 million is being made under the
National Development Plan 2007- 2013 for the implementation
of these new community sanctions.
Anti-Social Behaviour Orders offer an alternative for dealing
with anti- social behaviour to the criminal process, which is
particularly important when dealing with children. A Behaviour
Order is the last in a series of steps which give the child
concerned the opportunity to address the behaviour.
It should be noted that the system of Anti-Social Behaviour
Orders for children has a separate range of procedures which
were framed in the context of the overall philosophy and policy
that underpins the Children Act. These include a "good
behaviour contract" which can be drawn up at a meeting
involving the child, their parent(s) or guardian and the Garda
(police). The option of referral to the Garda Juvenile Liaison
Programme may also be pursued before the question of
application to the court for a behaviour order arises.
Under the recently approved National Youth Justice Strategy
2008-2010, An Garda Sochna (the police service) will
monitor the use and effectiveness of the anti-social behaviour
measures. In addition, statistical returns on the use of such
measures will be made to the Irish Youth Justice Service on a
regular basis. There is no evidence to suggest that any
additional and/or independent monitoring is warranted at this
stage.
Recommendation 17: Apply the Children Detention
School model when the detention of juvenile offenders
is deemed a necessary measure and discontinue the
imprisonment of children in adult facilities
The Irish Government is committed to ensuring that children
who are detained as a measure of last resort are given the
opportunity for full rehabilitation and reintegration into society.
Childrens detention schools provide separate remand and
committal facilities, focused on rehabilitation and all children
attend full time education while in detention.
Following consideration of the Expert Group report on this
issue, the Government approved, in March 2008, the
development of a new national children detention school to
cater for all children under 18 detained by the courts.
The new detention school will facilitate the transfer of
responsibility for 16 and 17 year old boys from the Irish Prison
Service (St. Patricks Institution) to the Irish Youth Justice
Service. Planning for the new facility will begin immediately
and it is anticipated that the first phase of the development,
which will include the removal of all children from the prison
system, will be operational by 2012.
Planning for the use of a separate facility on the site of the
new prison complex at Thornton Hall for juvenile offenders is a
contingency to ensure that accommodation for these young
offenders is available should the closure of St. Patricks
Institution occur prior to the completion of the new childrens
detention school. If this proves necessary it will be used for as
short a time as possible.
Recommendation 18: Review the resource needs of the
Equality Tribunal to minimise its backlog of cases
Ireland continues to be committed to overcoming
discrimination and promoting equality for all, and this
commitment is underpinned by a strong body of legislation.
Among the commitments contained in Towards 2016 - Ten-
Year Framework Social Partnership Agreement 2006 2016 is
the review of expenditure on the equality infrastructure
provided by the Equality Acts to reduce the incidence of
discrimination. A particular priority is the removal of the
current backlog of cases before the Equality Tribunal. The
Department of Justice Equality and Law Reform, as a matter of
urgency, is addressing this issue, in collaboration with the
Tribunal.
Recommendation 19: Clarify the scope of legal abortions
through statutory law in line with domestic
jurisprudence and provide for adequate services for
carrying out such abortions in Ireland
The Government is satisfied that any medical treatment
necessary to safeguard a womans life during pregnancy is
available in Ireland. It has no plans to bring forward further
constitutional or legislative proposals in relation to abortion.
Recommendation 20: Change the law on birth
registration in such a way that transgender persons can
obtain a birth certificate reflecting their actual gender:
This Recommendation, and the High Court decision to which
reference is made in paragraph 81 of the Commissioner's
report, relate to the Civil Registration Act. However any
proposal to change this legislation along the lines suggested
would involve a number of broad and complex issues which
require detailed consideration across many Departments.
In view of the significance of the High Court judgement not
merely for this case but for future cases under the European
Convention on Human Rights Act, an appeal has been lodged
in the Supreme Court against the High Court decision
mentioned, in the interest of seeking clarity on all its
implications.
Recommendation 21: Provide the National Office for the
Prevention of Domestic, Sexual and Gender-based
Violence with adequate resources for the effective
fulfilment of its broad mandate while, in particular
ensuring effective support for women victims of
violence through services supplied by both state and
civil society operators
The Government is committed to addressing the closely
related problems of domestic, sexual and gender- based
violence. In June 2007, the Government established Cosc - the
National Office for the Prevention of Domestic, Sexual and
Gender-based violence - with the key responsibility to ensure
delivery of a whole of government response to, and support
for, victims of domestic and sexual violence. Cosc has been
resourced as required currently to fulfil its coordination
mandate.
Recommendation 22: Monitor the implementation of the
National Action Plan against Racism and the local Anti-
Racism and Diversity Plans in close co-operation with
civil society and ethnic and cultural minority
representatives, while preparing new action plans to
succeed the current ones
The implementation of the National Action Plan against Racism
confirms Irelands dedication to combating racism and to
developing a more inclusive and intercultural society based on
policies that promote interaction, equality of opportunity,
understanding and respect.
The National Action Plan against Racism runs from 2005 to the
end of 2008. NPAR is now under the remit of the newly
established Office of the Minister for Integration (OMI). It is
recognised that there is a need to maintain a focus on racism
within the new integration agenda and to have anti racism
programmes nestled within an intercultural framework.
A Strategic Monitoring Group meets regularly to monitor the
implementation of the National Action Plan. This Group
comprises Government officials as well as representative of
civil society and minority groups.
Several Anti-Racism and Diversity Plans have been supported
under the National Action Plan against Racism on a pilot basis.
The Office of the Minister for Integration is planning to support
the further development of City and County Integration Plans.
It is recognised that the development of these Plans should
involve a wide range of stakeholders including local
authorities; key service providers; social partners and the
community and voluntary sector, including those groups
representing minority ethnic communities.
Recommendation 23: Improve data collection on racist
and xenophobic incidents
Official statistics on racially motivated incidents are recorded
by An Garda Sochna (the police service). The National
Consultative Committee on Racism and Interculturalism
(NCCRI) established a voluntary reporting mechanism in 2001
and this provides a valuable complementary source of
information and analysis of racist incidents. The NCCRI, in
common with other EU Member States, periodically makes a
return of these incidents to the EU Fundamental Rights
Agency.
One of the priorities set out in the National Action Plan against
Racism is to support the development of a comprehensive and
integrated data collection strategy in relation to racist
incidents. This would include Garda crime statistics, and
sources such as national crime surveys and complementary
reporting mechanisms, having regard to harmonisation of data
collection for comparative purposes across the EU.
Recommendation 24: Provide for the racist motivation
of a crime to be considered as an aggravating
circumstance in Irish criminal law
Under the National Action Plan against Racism, research has
been commissioned into the adequacy of Irelands legislation
on racially motivated crime. The research is expected to be
finalised shortly. The findings of this research will provide
important information on whether it is necessary to add to
existing legislation to provide for the racial motivation of a
crime to be considered as an aggravating circumstance in Irish
criminal law.
Recommendation 25: Work closely with Travellers when
programmes designed for the Travellers
Ireland is committed to improving continuously the
coordination and effective delivery of services and supports for
Travellers.
A key aspect of Irish Government strategy in relation to
Travellers is an integrated approach among agencies operating
under the County and City Development Boards, coupled with
effective consultation with Travellers. This approach is outlined
in two priority recommendations contained in the Report of the
High Level Group on Traveller Issues, which was approved by
Government in 2006.
At national level there is direct Traveller representation on
policy advisory and monitoring committees in relation to
Traveller Accommodation, Education and Health. In addition,
following on the 2006 national partnership agreement,
Towards 2016, a new National Traveller Monitoring and
Advisory Committee was established as a forum for dialogue
between the relevant social partners. This Committee, which
includes four national Traveller organisations along with a
number of prominent individual Traveller representatives, also
has a specific remit to advise on policy in relation to the
Traveller Community. It is due to make its first advisory report
in 2009. The Irish authorities have ensured, through primary
legislation, the active participation of Travellers in formulating
and implementing policies for the provision of accommodation
of Traveller families both at national level and locally in every
local authority throughout the country.
The 2006 Census showed a total Traveller population of
22,400. The Report and Recommendations for a Traveller
Education Strategy was launched in November 2006. It covers
all aspects of Traveller education from pre-school right through
to further and higher education. It is estimated that there is
100% completion of primary school by Traveller children. In
relation to the reference in paragraph 92 to the proportion of
Traveller children entering and completing secondary
education, it is important to note that their participation rate
has risen from 961 in 1999/2000 to 2,229 in 2005/2006. In
addition there are 33 Senior Traveller Training Centres located
throughout the country. There are approximately 1,000
students attending the centres. They cater for the needs of
Travellers and others aged 15 years and upwards. There is no
upper age limit so as to encourage parents and older Travellers
to become involved.
In February 2008, an allocation of 320,000 in funding for
local Traveller support projects was approved. The grants
support a number of local projects which were already in
progress from 2006/2007. These were locally based projects
involving a partnership between state
agencies and community based groups. Most of them were
aimed at assisting young Travellers remain in education by
providing homework support, mentoring etc, and others
address the access by Travellers in mainstream Youth support
(Youth clubs, sports etc).
Recommendation 26: Promote the participation of
Travellers in political decision-making at local and
national level
Irish electoral law enables members of the travelling
community to be registered as electors, even where they have
a nomadic lifestyle.
The Guidelines for Registration Authorities recommend that as
far as possible, the names of all members of the travelling
community who are eligible to vote are included in the
Register. While it can sometimes be difficult to ascertain the
place of ordinary residence, registration authorities are advised
that those members of the travelling community who regularly
occupy the same site for considerable periods of the year
should be registered and, in this regard, should liaise with all
other relevant bodies to ensure that as many eligible members
of the travelling community as possible are included in the
Register.
The selection of candidates to stand for election is a matter for
each political party and the question of actively promoting
such activity rests with them.
The Office for Democratic Institutions and Human Rights
(ODIHR) sent an Election Assessment Mission to Ireland to
observe the electoral process in the context of the General
Election 2007. The Mission met with representatives of
Traveller organisations who, prior to the election, had carried
out election information and awareness activities including
voter education initiatives to target, in particular, the relatively
high number of illiterate voters in their community and to
encourage broader participation. Candidate forums were also
organised to raise awareness of the issues most important to
Travellers.
While no Travellers have yet been elected to parliament nor did
any Traveller candidate run in the 2007 General Election,
members of the travelling community are more active in local
elections and the current Mayor of the town of Tuam is a
Traveller. Representatives of the travelling community told the
ODIHR Mission that they did not have any complaints about
specific incidents of racist or intolerant discourse during the
election campaign.
Recommendation 27: Ensure that Travellers are
effectively protected against discrimination and racism
under national and international law
The key anti-discrimination measures, the Incitement to
Hatred Act, 1989, the Unfair Dismissals Acts 1977, the
Employment Equality Acts and the Equal Status Acts
specifically identify Travellers by name as a protected group.
The Equality Act 2004, which transposed the EU Racial Equality
Directive, applied all the protections of that Directive across
the categories contained in the legislation, including the
Traveller community ground. All the protections afforded to
ethnic minorities in EU directives and international conventions
apply to Travellers because the Irish legislation giving effect to
those international instruments explicitly protects Travellers. It
should also be noted that Travellers have successfully invoked
the European Convention on Human Rights Act, 2003.
Recommendation 28: Ensure that the right to remain in
Ireland during the procedure is granted to asylum-
seekers who appeal asylum decisions which raise
questions in relation to Article 3 of the European
Convention on Human Rights
The asylum determination system in Ireland aims to compare
with the best in the world in terms of fairness, decision
making, determination structures and support services for
asylum seekers including access to legal advice.
Current legislation provides that asylum applicants are entitled
to remain in the State pending a final determination of their
applications (which includes both first instance and appeals
decisions). A person, whose application for refugee status is
rejected, having had a claim examined by the Office of the
Refugee Applications Commissioner and the Refugee Appeals
Tribunal, is afforded a further extensive and detailed
examination before a deportation order may be issued. In
addition, failed asylum applicants are eligible to apply for
subsidiary protection in accordance with the relevant
legislation.
The Minister is also obliged, under current legislation, to
consider the issue of risk to a person before a deportation
order is made.
The Immigration, Residence and Protection Bill 2008, which is
currently before the Irish Parliament, proposes to
comprehensively reform and simplify the current asylum
determination system through the introduction of a single
procedure for the investigation of all grounds, including
protection ones, put forward by applicants for protection. This
reform of the processing framework will lead to the removal of
the existing multi-layered and sequential process and will allow
applicants to get a final decision on applications in a more
timely and efficient manner. The Bill does not propose any
change to the asylum applicants entitlement to remain in the
State pending a final decision on their application.
Recommendation 29: Reconsider the provision in the
proposed Immigration, Residence and Protection Bill
which would direct costs for so called frivolous and
vexatious proceedings to the legal counsel of the
applicant
The Immigration, Residence and Protection Bill 2008 contains
provisions to prevent the misuse of the judicial process. The
issue raised in regard to the Bill will be considered.
Recommendation 30: Provide family accommodation to
families with children seeking asylum in Ireland
The Reception and Integration Agency (RIA) has always
provided family accommodation to families with children
The variety of accommodation in use allows RIA to meet the
needs of all family configurations claiming asylum. The
accommodation centres are of varying sizes and include
hotels, hostels and purpose built centres. Kinsale Road, the
Centre visited by the Commissioner is a purpose built centre
and was constructed to allow for adaptation for different family
profiles.
Families are never assigned to a room suitable only for a single
person. In all cases, service providers are contractually obliged
to conform to relevant statutory requirements in relation to
room capacity.
RIA operates a robust inspection system to ensure that these
contractual obligations are met. Issues raised in the inspection
reports are addressed and corrected speedily.
Recommendation 31: Introduce temporary work permits
for asylum seekers
It is not proposed to allow asylum applicants to take up paid
employment pending a final decision being made on their
applications. Current legislation provides that an applicant for
asylum shall not seek or enter employment. The new
Immigration, Residence and Protection Bill 2008 which is
before Parliament does not propose any change to this policy.
The Government believes that, as a matter of public policy,
asylum seekers should not be allowed to work while their
applications are being considered. Any change to this policy
would undermine the asylum process and the wider
immigration system, as well as the work permit and other
labour market access schemes. These systems would be
undermined by giving immigrants who secure entry to the
State, on the basis of unfounded asylum claims, the same
access to employment as immigrants who follow the lawful
route to employment.
Under current legislation, asylum seekers have temporary
permission to remain in the State pending the determination of
their applications. It is clear that some persons seek protection
for the purpose of avoiding legitimate immigration controls in
order to enter the State for economic reasons.
Recommendation 32: Introduce statutory provisions
regulating family reunification for all groups of people
There are already statutory provisions in place in respect of
family reunification for persons granted refugee status and for
the family members of EU nationals exercising their rights of
free movement. In addition, the Immigration, Residence and
Protection Bill 2008, currently being considered by the Irish
Parliament, will provide the framework for expanding through
secondary legislation the family reunification regime applicable
to other categories of residence. In this regard a review of
current policies in relation to family reunification is taking
place.
Recommendation 33: Implement the principle of the
best interest of the child in decisions within the field of
immigration and refugee law related to children
The Office of the Refugee Applications Commissioner
recognises that certain applicants or groups of applicants in
the asylum process may have special needs, including in
particular unaccompanied minors and separated children.
Current legislation, provides that, where it appears to an
authorised officer of the Refugee Applications Commissioner or
to an Immigration Officer that a person who has arrived in the
State is under the age of 18 years, that child must be referred
to the relevant Health Services Executive (HSE) area which will
then decide whether or not to make an application for asylum
on their behalf. It is the responsibility of the HSE to decide
whether it is in the best interests of the child to make such an
application.
The Health Service Executive assists children throughout the
asylum process, including accompanying them to their
interviews. In addition, the Office of the Refugee Applications
Commissioner has a system to ensure that an unaccompanied
child is accompanied to the interview by a legal representative
and it also provides interpretation facilities.
Recommendation 34:
Review the current inspection and monitoring
arrangements in Ireland with a view to ensuring that
effective and independent investigations are carried out
into any serious allegation of extraordinary renditions
The Irish Government has repeatedly stated both domestically
and internationally its total opposition to the practice of
extraordinary rendition. The Commissioners report refers to
''Extraordinary Rendition' A Review of Ireland's Human Rights
Obligations published by the Irish Human Rights Commission
(IHRC) in December 2007. The Taoiseach and the Minister for
Foreign Affairs both responded to the publication of the
Review, setting out the
Government's position in extensive and robust terms.
As was set out in detail in its response to the IHRC Review,
the Irish Government remains confident that, under
international law, it is fully entitled to rely on the categoric and
absolute assurances secured from the United States
Government that they have not engaged in extraordinary
rendition though Ireland. The assurances received are of a
clear and categoric nature and relate to a factual situation over
which the US authorities have full knowledge and control.
On the matter of inspections, no other European country has

an inspection regime such as that proposed in the IHRC report.
The Government has made clear its view with regard to the
necessity, practicality and propriety of such a regime. The
Garda Siochana already have full powers to search civil aircraft
of the type alleged to have been involved in extraordinary
rendition where they have reasonable grounds for suspecting
illegal activity. They have investigated a number of allegations
and found no basis on which to proceed. No evidence has ever
been produced, nor any concrete allegation made, that any
person has ever been
subject to extraordinary rendition through Ireland
The Government continues to be active in its opposition to
extraordinary rendition, and has consistently demonstrated its
willingness to engage with international bodies, including the
Council of Europe and the European Parliament, on any
investigation into the issue, and in efforts to ensure that the
practice does not occur. In this context, the Minister for
Foreign Affairs has called for a review of the Chicago
Convention governing civil aviation, and we welcome the fact
that this is acknowledged in the Commissioner's report.
ss
1
See the Commissioners mandate especially Article 3 (e),
Resolution (99) 50 on the Council of Europe Commissioner for
Human Rights.
2
A full list of people, institutions and facilities visited can be
found in the appendix to this report.
3
OP-CAT entered into force on 22 June 2006. Its aim is to
prevent ill-treatment by establishing a system of regular visits
to places of detention to be carried out by independent
international and national bodies.
4
Such constitutional rights include: TRANSIT - HYPERLINK
ireland/irish-constitution-1/equality_before_the_law. equality
before the law, TRANSIT - HYPERLINK
ireland/irish-constitution-1/right_to_life. right to life, TRANSIT
- HYPERLINK
ireland/irish-constitution-1/right_to_trial_by_jury. right to trial
by jury, TRANSIT - HYPERLINK
ireland/irish-constitution-1/right_to_bodily_integrity. right to
bodily integrity, TRANSIT - HYPERLINK
ireland/irish-constitution-1/right_to_travel. freedom to travel,
TRANSIT - HYPERLINK
ireland/irish-constitution-1/right_to_personal_liberty. personal
liberty, TRANSIT - HYPERLINK
ireland/irish-constitution-1/freedom_of_expression. freedom of
expression, TRANSIT - HYPERLINK
ireland/irish-constitution-1/freedom_of_assembly. freedom of
assembly, TRANSIT - HYPERLINK
ireland/irish-constitution-1/freedom_of_association. freedom
of association, TRANSIT - HYPERLINK
ireland/irish-constitution-1/religious_liberty. religious liberty,
TRANSIT - HYPERLINK
ireland/irish-constitution-1/rights-of-the-family. rights of the
family, TRANSIT - HYPERLINK
ireland/irish-constitution-1/right_to_own_property. property
rights, TRANSIT - HYPERLINK
ireland/irish-constitution-1/right_to_earn_a_livelihood. right to
earn a livelihood, TRANSIT - HYPERLINK
ireland/irish-constitution-1/inviolability_of_dwelling.
inviolability of dwelling, TRANSIT - HYPERLINK
ireland/irish-constitution-1/right_to_fair_procedures. right to
fair procedures TRANSIT - HYPERLINK
ireland/irish-constitution-1/right_to_privacy. and right to
privacy.
5
For details, see under 3.1.
6
See under 5.1.
7
See under 8.1.
8
The Irish authorities have informed the Commissioner that
the Courts Service provides interpreters in all courts for
migrants and asylum seekers where English is not their first
language, that information leaflets are available in various
languages and that police is currently tendering for the
systematic supply of interpretation and translation services.
9
Legal aid today is based on the provisions of the Civil Legal
Aid Act 1995.
10
See report Access to Justice: A Right or a Privilege?, Free
Legal Advice Centres, 2005.
11
By the end of 2004 approximately 62,000 valid complaints
had been handled by the Office. In addition, the Ombudsman
deals with up to 10,000 queries from the public every year.
12
13
14
In 1991, the United Nations hosted a meeting in Paris
involving representatives of national human rights institutions
from around the world to develop a set of internationally
recognised principles concerning the status, powers and
functioning of national human rights institutions. These
principles have been endorsed by the U.N. General Assembly
(A/RES/48/134, 85th Plenary Meeting, 20 December 1993).
15
Section 11(4) of the Ombudsman for Children Act provides
that Where a Minister of the Government so requests in
writing the Ombudsman for Children shall not investigate, or
shall cease to investigate, an action specific in the request.
This provision is also contained in the Ombudsman Act 1980.
16
Among them are new Discipline Regulations (S.I. No. 214 of
2007) and Confidential Reporting of Corruption or Malpractice
Regulations (S.I.No. 168 of 2007). See also CPT report on its
visit to Ireland from 2 - 13 October 2006, CPT/Inf (2007)41 of
10 October 2007, and the Response of the Irish Government
to the report available at www.cpt.coe.int.
17
The new independent Garda Sochna Ombudsman
to deal with all police complaints in line with previous CPT
recommendations (see CPT/ Inf (2002) 36, paragraph 18).
GSOC received 1595 complaints in the period 9th May to 31st
October 2007 and a further 210 matters were referred to it
under Section 102(1) of the Garda Sochna Act 2005.
18
The families had set up a make-shift camp on a roundabout
on the M50, a major roadway, in June 2007. Most of them left
Ireland in July 2007.
19
Morgan/Kitching, An Evaluation of Lift Off, December 2006.
20
UN Handbook on National Human Rights Plans of Action
(2002).
21
Consistent poverty is defined as living in a household with
an income below 60% of the national median income and
experiencing enforced basic deprivation. Being at risk of
poverty is defined as living in a household with an income
below 60% of average disposable income after social transfers.
See From Rhetoric to Rights, Childrens Rights Alliance 2 nd
Child, March 2006 p. 52. It should, nevertheless, be noted that
the 60% median income threshold in Ireland increased by
88% from 102.44 in 1997 to 192.74 in 2005.
22
For an overview see the study commissioned by the
Ombudsman for Children Obstacles to the realisation of
childrens rights in Ireland by Kilkelly, August 2007, p. 36.
23
The other issues were play and recreation, having a voice,
health, wealth and material wellbeing and education.
24
See the position paper on the proposed referendum The
Constitution and Children by the Childrens Rights Alliance,
January 2007.
25
For a detailed analysis also in the light of Irish case law see
Kilkelly/OMahony, The proposed Childrens Rights
Amendment: running to a stand still? (2007) 10(2) IJFL 19a.
26
Report to the Oireachtas on the Twenty-Eighth Amendment
of the Constitution Bill 2007, March 2007 and Submission to
the Joint Committee on the Constitutional Amendment on
Children, February 2008.
27
CRC/C/IRL/CO/2.
28
That is information not derived from criminal court
proceedings.
29
The reports are available on the website of the Minister for
Children, www.omc.gov.ie.
30
For the UN definition and a general overview see the
Commissioners issue paper Children and corporal
punishment: The right not to be hit, also a childrens right
CommDH/Issue Paper (2006) 1 REV, January 2008.
31
The Children Act 2001 repealed only the statutory
confirmation of the common law defence, but that does not
render the defence in itself ineffective.
32
CRC/C/IRL/CO/2.
33
From Rhetoric to Rights, Childrens Rights Alliance 2nd
Child, March 2006, p. 37.
34
For details, see report of the Special Rapporteur on Children
Protection, Geoffrey Shannon, November 2007, p. 34 ff.
35
The campaign Building a Europe for and with children aims
at promoting childrens rights and protecting children from all
forms of violence, covering the social, legal, educational and
health dimensions relevant, for details see
www.coe.int/T/TransversalProjects/Children/.
36
See Appendix to Recommendation CM/Rec (2007) 9 of the
Committee of Ministers to member states on life projects for
unaccompanied migrant minors, 12 July 2007; the same
definition is used by the UN Committee on the Rights of the
Child - see under III of General Comment No. 6(2005) -
Treatment of unaccompanied and separated children outside
their country of origin, CRC/GC/2005/6. Irish law currently
defines separated children in a narrower way as a child
under the age of 18 years who has arrived either at the
frontiers of the State or has entered the State and is not in the
custody of any person.
37
Separated Children in Europe Programme (SCEP), Statement
of Good Practice, 2004, p. 2.
38
See study commissioned by the Ombudsman for Children
Kilkelly, August 2007, p. 25.
39
In accordance with the Refugee Act 1996 and the Child Care
Act 1991.
40
The project is funded by the HSE, the Department of Justice,
Equality and Law Reform and the Department of Education and
Science.
41
The Irish authorities have informed the Commissioner that a
social or project worker is assigned to a separated child
through the asylum process who is obliged to act in the childs
best interest.
42
See the case of Mubilanzila Mayeka and Kaniki Mitunga v.
Belgium, judgment of 12 October 2006 appl. no. 13178/03, in
which a 5-year-old Congolese child remained at a Belgian
transit centre before being deported to Congo while her
mother was in Canada and her uncle, a Dutch citizen, lived in
the Netherlands (violation of Article 3).
43
See also UN Committee on the Rights of the Child, General
Comment No. 6 p. 9.
44
Ireland has, however, not yet ratified the UN Optional
Convention on the Rights of the Child on the sale of children,
child prostitution and pornography.
45
The bill is expected to be finalised by Parliament in March
2007. The Child Trafficking and Pornography Act 1998 already
provides for an offence of trafficking in children for the purpose
of sexual exploitation.
46
See the study commissioned by the Ombudsman for Children
Kilkelly, August 2007, p. 130 ff.
47
Ibid. For details see also A social portrait of children in
Ireland, Office for Social Inclusion, Dublin 2007, p. 30 ff.
48
ECRI, Third Report on Ireland adopted on 15 December
2006, CRI(2007)24.
49
Report of CPT on its visit to Ireland form 2-13 October 2006,
CPT/Inf (2007)40 of 10 October 2007. The CPT also notes that
the Mental Health Act 2001 actually contains a number of
provisions which the CPT has recommended previously.
50
This issue was also raised by staff of the Central Mental
Hospital in the course of the Commissioners visit, see also The
Irish Examiner, Department warned of flaw in law on
releases, 29 January 2008.
51
The Irish Examiner, Man remanded to prison after assault,
29 January 2008 and Nigerian man finally put in psychiatric
care, 30 January 2008.
52
Inquiry Report on Current Care and Treatment Practices in
the Central Mental Hospital 2006.
53
Annual Report 2006/07 of the Irish Prison Chaplains
submitted to the Minister for Justice, Equality, and Law
Reform, November 2007.
54
For details see From Rhetoric to Rights, Childrens Rights
Alliance 2nd Shadow Report to the UN Committee on the Rights
of the Child, March 2006 p. 46 ff.
55
Speech at the International Youth Mental Health Conference
in December 2007, available at www.oco.ie.
56
Violation of Article 51, case of D.G. v. Ireland, judgment of
16/05/2002 final on 16/08/2002. The minor suffered from
severe personality disorders and was at risk to himself and
others.
57
143 million for the development of children detention
schools, 104 million for the development of restorative justice
and alternatives to custody programmes, and 120 million for
Garda Youth Diversion Projects.
58
Part 5 of the Children Act 2001, as amended by the Criminal
Justice Act 2006. The Irish authorities have informed the
Commissioner that since 2000 there have been no cases
involving defendants under 12 years old before the Central
Criminal Court.
59
Section 96 of the Children Act 2001.
60
One of the principles being that Any measures shall have
due regard to the interests of any victim of their offending.
61
Some areas have few or no juvenile liaison officers, for
details see U. Kilkelly, Youth Justice in Ireland, Dublin 2006, p.
69 ff.
62
The Children Act 2001 as amended by the Criminal Justice
Act 2006.
63
See the Report of the CPT, which identifies several
shortcomings due mainly to a lack of adequate facilities and
skilled staff, on its visit to Ireland from 2-13 October 2006,
CPT/Inf (2007)40 of 10 October 2007; see also the Annual
Report 2006/07 of the Irish Prison Chaplains submitted to the
Minister for Justice, Equality, and Law Reform, November
2007.
64
2000/78/EC, 2000/43/EC.
65
According to the 2002 Census, there were 77,600 couples
cohabitating outside marriage, representing 8.4% of all family
units in Ireland. Of these families, 29,700 include children.
Although the legal distinction between non-marital and marital
children was for most purposes abolished by the Status of the
Children Act 1987, the Constitution still permits discrimination
against the non-marital family and, despite the Act, the
position of a non-marital parent is less secure, see in detail the
report of the Irish Human Rights Commission The Rights of
De Facto Couples, Walsh/Ryan, Dublin 2006, ch. 4.9 Duties
and Rights in Respect of Children p. 114 ff.
66
This compares to an average of 20.5 % in Europe, data from
Inter-Parliamentary Union.
67
Pay gap is defined as difference between mens and womens
average gross hourly earnings as a percentage of mens
average gross hourly earnings, Commission of the European
Communities, Report Equality between men and women
2008, p. 23.
68
Article 40.3.3, 8th Amendment to the Constitution.
69
Attorney General v. X [1992] 1 I.R.1.: the High Court
granted an injunction preventing a 14-year-old rape victim
from leaving Ireland to have an abortion in England. The
Supreme Court overturned the decision ruling that a
termination was permissible if there is a substantial risk to the
life, as distinct from the health, of the mother.
70
Figures from the United Kingdom Department of Health show
that over 5,000 Irish women have terminated pregnancies in
the U.K. each year.
71
The Health Service Executive as the responsible social
service had requested the Passport Office not to issue Miss D
with a passport and had written to the police to arrest her if
she attempted to leave the country. The High Court then ruled
that she could travel abroad for a termination in line with her
constitutionally protected right to travel.
72
Tysiac v. Poland judgment of 20 March 2007, application no.
5410/03, in which the European Court held that the Polish
abortion law was defective as it failed to provide for a timely
procedure for resolving controversies between the pregnant
woman and her doctors as to the availability of a therapeutic
abortion. The Court considered that this had created a
situation of prolonged uncertainty for the applicant.
73
Christine Goodwin v. UK, judgment of 11 July 2002, B. v.
France, judgment of 25 March 1992, L. v. Lithuania, judgment
of 11 September 2007.
74
Committee on the Elimination of Discrimination against
Women, Concluding comments on Ireland, thirty-third session,
CEDAW/C/IRL/4-5, 22 July 2005.
75
See Rape Crisis Network Ireland, Exploring the Justice Gap
in Rape Cases: RCNI Attrition Project, available at www.rcni.ie.
76
Third report on Ireland, adopted on 15 December 2006,
European Commission against Racism and Intolerance,
CRI(2007)24.
77
See the Annual Report 2006 and RAXEN data on racist
violence in Ireland available at the web-site of the
Fundamental Rights Agency. The Policing Plan 2006 gives the
figure for 2004 as 67.
78
Third report on Ireland, ECRI, CRI(2007)24 and Concluding
Observation of CERD: Ireland, 14/04/2005, CERD/C/IRL/CO/2.
79
Second Opinion on Ireland, adopted on 6 October 2006,
Advisory Committee on the Framework Convention for the
Protection of National Minorities, ACFC/OP/II(2006)007; Third
report on Ireland, adopted on 15 December 2006, European
Commission against Racism and Intolerance, CRI(2007)24.
80
The Irish authorities estimate that the number of Traveller
students in mainstream post-primary education has increased
from 961 in 1999/2000 to 2,229 in 2005/2006. The completion
of primary school is now estimated at 100 per cent.
81
Concluding Observations of CERD: Ireland, 14/04/2005,
CERD/C/IRL/CO/2; and Second Opinion on Ireland, adopted on
6 October 2006, Advisory Committee on the FCNM,
ACFC/OP/II(2006)007.
82
Council Directive 2004/83/EC, Council Regulation (EC) No.
2003/343, Council Regulation (EC) No 2725/2000, Council
Directive 2005/55/EC, and Council Directive 2004/38/EC.
83
Council Directive 2005/85/EC.
84
Council Directives 2003/9/EC and 2003/86/EC.
85
A previous version of the Bill was presented in April 2007.
Due to the numerous parliamentary steps to be taken, it can
be assumed that the bill will not be signed into law until late
2008.
86
Periods passed as an asylum-seeker or short-term student
will not be reckoned.
87
To return a person to a place where he or she could be
harmed.
88
UNHCRs Comments on the Immigration, Residence and
Protection Bill 2008, Dublin, March 2008.
89
Ibid.
90
CPT report on its visit to Ireland from 2 to 13 of October
2006, CPT Inf (2006) 40.
91
Section 9 (7) of the Refugee Act 1996.
92
Department of Justice, Equality and Law Reform Reception
and Integration Agency, Direct Provision Reception and
Accommodation Centre Services, Rules and Procedures, 29 th
September, 2005.
93
Reported by The Irish Times Health and safety risks exposed
in asylum centres", 31.10.2007.
94
See ECRI, Third Report on Ireland, adopted 15th December
2006.
95
This most comprehensive definition is used by the Irish
Human Rights Commission (IHRC) in their report
Extraordinary Rendition, A Review of Irelands Human Rights
Obligations, December 2007.
96
AS/Jur (2006) 16 Part II, p.13, 51.
97
IHRC, Extraordinary Rendition - A Review of Irelands
Human Rights Obligations, December 2007.
98
See the press release of the Department of Foreign Affairs,
11 December 2007.
https://wcd.coe.int/ViewDoc.jsp?p=&id=1283555&direct=true
High Commissioner for Human Rights, revised in June 2009 ... of

An Garda Sochna through Joint Policing ... Human Rights
Commission IHRC TreatyBody Internet 2014
United Nations HRI/CORE/IRL/2014
International Human Rights
Instruments Distr.: General
9 April 2014
Advance Unedited version
Original: English
Common core document forming part of the
reports of States parties
Ireland*
[7 February 2014]
Contents
Paragraphs Page
Introduction 1-4 3
I. General information about the reporting state
5-75 3
A. Demographic, economic, social and
cultural characteristics of the State 5-33 3
B. Constitutional, political and legal structure
of the State 34-75 7
II. General framework for the promotion and
protection of human rights 76-163 15
A. Acceptance of international human rights
norms 76-84 15
B. Legal framework for the protection of
human rights at the national level 85-131 17
C. Framework within which human rights are
promoted at the national level 132-159 30
D. Reporting process at the national level
160-162 31
E. Other related human rights information
163 31
III. Information about non-discrimination and
equality and effective remedies 164-261 32
Introduction
1. 1. The Government of Ireland is pleased to present
its Common Core Document, forming part of its reports
under the International Covenant on Civil and Political
Rights (ICCPR), the International Covenant on Economic,
Social and Cultural Rights (ICESCR), the Convention on the
Rights of the Child (CRC), the International Convention on
the Elimination of all Forms of Racial Discrimination
(CERD), the Convention on the Elimination of all Forms of
Discrimination Against Women (CEDAW), and the
Degrading Treatment or Punishment (CAT).
2. 2. In preparing this Common Core Document,
Ireland has followed the harmonised guidelines issued by
the Office of the High Commissioner for Human Rights,
revised in June 2009 (HRI/GEN/2/Rev 6). The Common Core
Document includes a broad range of information relevant
to all or several of the treaty bodies and reduces the
amount of duplicated material and the overall length of
the reports. The information provided is correct as of the
preparation of this document, which took place over a
period of months in 2013. As a result, the data presented
here represent a snapshot of the situation in Ireland, as
distinct from a comprehensive or fully current account.
3. 3. The Common Core Document was prepared by
the Department of Foreign Affairs and Trade, which is
responsible for coordinating Irelands reports under the
International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural
Rights. Input has been received from the Department of
Justice and Equality, which is responsible for drafting
Irelands reports under the Convention on the Elimination
of All forms of Discrimination Against Women and the
International Convention on the Elimination of Racial
Discrimination; and the Department for Child and Youth
Affairs, which is responsible for the Reports under the
Convention on the Rights of the Child. Further input and
assistance has been received from the Department of
Education and Skills; the Department of Finance; the
Department of Public Expenditure and Reform; the
Department of Defence; the Department of Environment,
Community and Local Government; Department of the
Taoiseach; Department of Social Protection; and the
Department of Jobs, Enterprise and Innovation, and the
Central Statistics Office.
4. 4. The Government of Ireland recognizes and
appreciates the important role played by non-
governmental organisations (NGOs) in promoting and
implementing the rights set out in the treaties.
I. General information about the reporting state
A. Demographic, economic, social and cultural
characteristics of the State
5. 5. The island of Ireland is situated in the northwest
of the continent of Europe and has a total area of 84,421
square kilometres. The country is historically divided into
four provinces, each roughly equivalent to the four
primary points of the compass, i.e. Ulster (North), Munster
(South), Connacht (West) and Leinster (East). Pursuant to
Article 3 of Bunreacht na hireann (the Constitution of
Ireland), the laws enacted by the Oireachtas (Irish
Parliament) apply to 26 of the 32 counties of the island of
Ireland. The remaining north-eastern counties form part of
the United Kingdom of Great Britain and Northern Ireland.
Article 3 further provides that a united (32 county) Ireland
shall be only brought about by peaceful means with the
consent of the people, democratically expressed, in both
jurisdictions in the island. Pursuant to Article 4 of the
Constitution, the name of the State is ire, or, in the
English language, Ireland.
6. 6. In 1921, after a War of Independence, a treaty
was entered into with the United Kingdom, whereby the
Irish Free State (26 counties) seceded from the United
Kingdom of Great Britain and Ireland, while Northern
Ireland (6 counties) remained in the United Kingdom. The
adoption of the Constitution of Ireland in 1937 and the
Republic of Ireland Act 1948 severed Irelands last
symbolic links with the United Kingdom. Ireland does not
belong to any military alliance. Ireland became a member
of the United Nations in 1955 and joined the European
Communities, now the European Union, in 1973.
The Economy
7. 7. Following strong growth in the 1990s, the Irish
economy, from 2000 onwards, began to lose
competiveness, resulting in a shifting of growth away from
exports towards more unstable domestic demand sources
such as construction. The resulting construction boom
led to the accumulation of imbalances within the Irish
economy, which left it highly exposed to the Great
Recession, the rapid global downturn of 2008 and 2009.
8. 8. The collapse of global economies, together with
the loss of domestic competitiveness exacerbated by euro
appreciation during the turbulence, had a detrimental
impact on most of the exporting sectors. Housing output,
which had already begun to decline, fell sharply as the
demand for housing waned. A dramatic fall in consumer
confidence resulted in unprecedented decline in personal
consumption. Against this backdrop, real GDP recorded
annual contractions in 2008, 2009 and 2010, resulting in a
peak-to-trough decline of 10.7% (Q4 2007 to Q4 2009),
before returning to 1.4% growth in 2011. This was brought
about by strong export performance resulting from a rapid
improvement in Irelands competitiveness. A second
consecutive year of growth was recorded in 2012, with
preliminary figures from the Central Statistics Office (CSO)
showing growth of 0.9 per cent.
9. 9. Ireland has successfully exited its EU-IMF
programme of financial support. The economy is
recovering, the public finances are under control, the
banking system is restructured and well capitalised and,
most importantly, jobs are being created. Significant
challenges remain, and to this end, in December 2013 the
Government launched the Medium Term Economic
Strategy for the period 2014-2020.
10. 10. Unemployment (unadjusted rate) has increased
considerably in the past number of years from 4.1% in the
fourth quarter of 2006 to 13.7% in the corresponding
quarter of 2012, with long term unemployment increasing
from 1.3% to 8.2% over the same period.
Demographic Trends
11. 11. The de facto population of Ireland in 2011 is
4,588,252; a substantial growth over the last decade, with
the total figure increasing by approximately 671, 049 or
17.1% between 2002 and 2011. During the same period,
the number of children aged less than eighteen years
grew from 1,013,031 to 1,148,687, an increase of
approximately 13.4%. Although the proportion of the Irish
population aged under eighteen years fell dramatically
between 1981 (36.2%) and 2002 (25.9%), it has since
remained stable, and by 2011, children represented 25%
of the total population. The youth dependency ratio (the
proportion of those aged from birth to fourteen years to
the total working-age population) was 31.9% in 2011, up
from 29.7% in 2006.
12. 12. According to the Central Statistics Office (CSO)
report Measuring Irelands Progress 2011, Irish women had
the highest total period fertility rate in the EU at 2.07 in
2010, up from 1.94 in 2006. The number of births in
Ireland has also increased over the past decade by 29%,
rising from 57,854 in 2001 to 74,650 in 2011. Irelands
birth rate in 2012 was .8 per 1,000 of the population
(based on 2012 provisional registered data). The most
recent available data on maternal mortality rate are from
2010, which registered one per total live and stillbirths.
13. 13. The population of Ireland is ageing. According
to the CSO publication Older and Younger, the number of
individuals aged sixty-five years and over rose from
467,926 in 2006 to 535,393 in 2011, an increase of 14.4%.
Older people now comprise 11.7% of the population,
compared to 11% in 2006. The old dependency rate in
2011 was 17.4%, compared to 16.1% in 2006.
14. 14. Irelands death rate in 2012 was 6.3 per 1,000
of the population (based on 2012 provisional registered
data).
15. 15. The most recent available figures on life
expectancy in Ireland at age 0 are: 76.8 for males, 81.6 for
females.
16. 16. The population structure of Ireland has also
been affected in recent years by a reversal in migration
trends from a position of positive to negative net
migration. In 2006, net migration stood at 71,800 persons,
but by 2012 this had changed to minus 34,400 persons.
CSO estimates for 2012 indicate that negative net
migration for the working age population (those between
fifteen and sixty-five years) was 36,600.
17. 17. These demographic trends will place increasing
demands on public supports and services.
18. 18. Between the 2002 and the 2006 Census of
Population, the non-Irish national population increased
from 224,261 to 419,733 persons (an 87% increase).
Between the 2006 and 2011 Census of Population, the
non-Irish national population increased from 419,733 to
544,357 persons (a 29.7% increase).
19. 19. From 1991 to 2011 the non-Catholic population
significantly increased, driven by growing numbers with no
religion as well as increases in the religions of immigrants
from Eastern Europe, Africa and Asia. The proportion of the
population who were Catholics continued to decline in
2011, to reach its lowest point at 84.2% while its
congregation, at 3.86 million strong, was the highest since
records began.
20. 20. Of the 3.8 million Catholics in Ireland in 2011,
92% were Irish while the remaining 8% belonged to a
range of nationalities. Among the non-Irish, Poles were the
biggest group with 110,410 persons, followed by the UK
with 49,761 and between them they accounted for over
half of all non-Irish Catholics.
Religion Census 2011
Catholic 3,860,000
No religion/atheist/agnostic 277,237
Church of Ireland 129,039
Muslim 49,204
Orthodox Christian 45,223
Presbyterian 24,600
Apostolic & Pentecostal members 14,043
Hindu 10,688
Buddhist 8,703
Methodist 6,842
Jehovahs Witness 6,149
Lutheran 5,683
Evangelical 4,188
Baptist 3,531
Jewish 1,984
21.
22. 21. The total of those with no religion, atheists and
agnostics increased more than four-fold between 1991 and
2011 to stand at 277,237 in 2011. This group included
14,769 primary school aged children and 14,478 of
secondary school age. There were 4,690 children aged
under one year who had no religion.
23. 22. There were 129,039 members of the Church of
Ireland in April 2011, an increase of 6.4 per cent on 2006.
This included 13,667 primary school aged children and
8,809 of secondary school age.
24. 23. There were 49,204 Muslims in Ireland in April
2011, a sharp rise on five years previously. Irelands
Muslim population included 8,322 primary school aged
children and 3,582 of secondary school age. Since 1991,
the number of Muslims increased from just 0.1 to 1.1 per
cent of the total population.
25. 24. There were 45,223 Orthodox Christians in
Ireland in April 2011; more than double the number five
years earlier (20,798) and more than four times the
number recorded in 2002 (10,437).
26. 25. The number of Presbyterians in Ireland in April
2011 stood at 24,600, up marginally on 2006 and
continuing a pattern of increasing numbers since 2002
following long periods of decline up to 1991.
27. 26. The Apostolic and Pentecostal members in
Ireland numbered 8,116 in 2006 and 14,043 in 2011. Over
60% (8,486) had African ethnicity in 2011 while 18.1 per
cent (2,546) indicated their ethnicity as Any other White
background.
28. 27. Census 2011 shows that there were 10,688
Hindus in Ireland in 2011, showing a tenfold increase since
1991.
29. 28. The Gross Domestic Product (GDP) growth rate
was 1.4% in 2011, according to the CSO report Measuring
Irelands Progress 2011. The public balance deficit was
13.1% of GDP in 2011, the largest of any EU member state
but a significant improvement on 2010 when it was 31.2%.
Government debt increased substantially to 108.2% of
GDP in 2011, the third highest debt/GDP ratio in the EU,
having been only 24.8% four years previously.
Nonetheless, in 2011 Ireland had the fourth highest GDP
per capita in the EU at 27% above the EU average,
although, based on Gross National Income (GNI) Ireland
was the eleventh highest at 2% above the EU average.
30. 29. Inflation in Ireland (as measured by the
Harmonised Index of Consumer Prices, HICP) over the
period 2007-2011 was the lowest in the EU but Ireland had
the fifth highest price levels in the EU in 2011 with prices
17% above the EU average. The employment rate (for
those aged 15-64) rose from 65.2% in 2002 to 69.2% in
2007, but fell to 59.1% in 2012, when it was below the EU
average.
31. 30. In 2012, 49.2% of the population aged 25-34
had completed third level education, the third highest rate
in the EU. The proportion of those aged 18-24 who left
school with at most lower secondary education was 9.7%
in 2012.
32. 31. Adults in Ireland have an adjusted mean score
of 266 on the literacy scale (1-500) compared to the study
average of 270. Literacy proficiency was split into five
levels and adults in Ireland proportioned as follows:
At or below level 1 (1-225) = 17.9%
Level 2 (226-275) = 37.6%
Level 3 (276-325) = 36%
Level 4 (326-375) = 8.1%
Level 5 (376-500) = 0.4%
33. 32. The number of dwelling units built increased
sharply to peak at almost 90,000 in 2006 before collapsing
to 10,480 in 2011, below the level in 1970. Irelands
greenhouse gas emissions were at 110% of 1990 levels in
2010, which was lower than the Kyoto 2008-2012 target
(by three percentage points). Over half of municipal waste
(52.5%) was land filled, higher than the EU average of
37.1%.
34. 33. For a fuller range of statistical materials on
demographic, economic, social, and cultural trends in
Ireland, please refer to the statistical annexes to this
document and further to the material compiled by the CSO
which is publicly available on its website, www.cso.ie.
B. Constitutional, political and legal structure of
the State
The Constitution of Ireland (Bunreacht na
hireann)
35. 34. The Constitution of Ireland (or, in the Irish
language, Bunreacht na hireann) is the basic law of the
State. It was adopted by referendum in 1937 and is the
successor to the 1919 Constitution of Dil ireann (the
House of Representatives) and the 1922 Constitution of
the Irish Free State. It establishes the institutions and
apparatus of the State and provides for the separation of
powers into three branches- executive, legislative and
judicial. The Constitution defines the powers of the
President, the Oireachtas and the Government as well as
the structure and powers of the courts. It states that all
legislative, executive and judicial powers of Government
are derived from the people. The Constitution also
guarantees citizens fundamental rights which have been
subjected to rigorous interpretation and enumeration by
the courts.
36. 35. The Constitution of Ireland can be amended only
following the passage of a bill to amend the Constitution
by a simple majority of both Houses of the Oireachtas and
the subsequent approval of the proposal by a majority of
those voting in a referendum. The Constitution has been
amended on twenty-five occasions by means of
referendum. The Constitution provides that the Oireachtas
shall not enact any law which is in any respect repugnant
to its provisions. Any legislation which is enacted and
which is found to be repugnant to the Constitution shall be
invalid to the extent of such inconsistency. Only the High
Court and Supreme Court have jurisdiction to consider the
question of the validity of any law with regard to the
provisions of the Constitution. Judicial review is one
mechanism whereby an individual can challenge the
constitutionality of legislation and this remedy is explained
in greater detail below (see paras 88 90).
37. 36. The conclusion of the Good Friday Agreement -
an integral part of the peace process in Northern Ireland
necessitated a constitutional amendment. On 2 December
1999, the British-Irish Agreement (the international
agreement in which the Government pledged itself to give
full effect to the Good Friday Agreement) entered into
force, and the amendments to the Constitution, endorsed
by the people in the referendums of 22 May 1998, took
effect. On the same date, political institutions established
under the Agreement - an Assembly and Executive in
Northern Ireland, a North/South Ministerial Council, a
British-Irish Council and a British-Irish Intergovernmental
Conference - came into being. The amendment to the
constitution replaced Articles 2 and 3.1 (dealing with Irish
nationality and citizenship rights and reflecting a new
accommodation regarding the special position of Northern
Ireland, based on the principle of consent). The amended
text is as follows:
38. Article 2
39. It is the entitlement and birthright of every person
born in the island of Ireland, which includes its islands and
seas, to be part of the Irish nation. That is also the
entitlement of all persons otherwise qualified in
accordance with law to be citizens of Ireland. Furthermore,
the Irish nation cherishes its special affinity with people of
Irish ancestry living abroad who share its cultural identity
and heritage.
40. Article 3
41. 1. It is the firm will of the Irish nation, in harmony
and friendship, to unite all the people who share the
territory of the island of Ireland, in all the diversity of their
identities and traditions, recognising that a united Ireland
shall be brought about only by peaceful means with the
consent of a majority of the people, democratically
expressed, in both jurisdictions in the island. Until then,
the laws enacted by the Parliament established by this
constitution shall have the like area and extent of
application as the laws enacted by the Parliament that
existed immediately before the coming into operation of
this Constitution.
The Government of Ireland
42. 37. Ireland is a sovereign, independent
parliamentary democracy. The national Parliament, the
Oireachtas, consists of the President and two Houses: a
House of Representatives (Dil ireann) and a Senate
(Seanad ireann). The functions and powers of the
President, Dil and Seanad derive from the Constitution of
Ireland and law. The Oireachtas may not enact any law
which is in any respect repugnant to the Constitution.
43. 38. The President is Head of State; the office does
not have executive functions. The President must
generally act on the advice and authority of the
Government. On the nomination of Dil ireann the
President appoints the Taoiseach (Prime Minister) and, on
the advice of the Taoiseach and with the prior approval of
Dil ireann, the President appoints members of the
Government. Government policy and administration may
be examined and criticised in both Houses, but under the
Constitution the Government is responsible to the Dil
alone. The President may not serve more than two terms
in office.
44. 39. Dil ireann (House of Representatives) has 166
members called Teachta Dla (T.D.s). Members are
returned by the 43 constituencies into which the State is
at present divided and no constituency may return fewer
than three members. The total number of members of the
Dil may not be fixed at less than one member for each
30,000 of the population or more than one member for
each 20,000 of the population. The recently enacted
Electoral (Amendment) (Dil Constituencies) Act 2013
provides for a reduction in the number of members of the
Dil to 158 and for a reduction in the number of
constituencies to 40. The new arrangements will take
effect from the next General Election. The Electoral
(Amendment) (Political Funding) Act 2012 includes a
provision that political parties will face a cut of half their
State political funding if they do not have at least 30%
women and 30% men candidates at the next General
Election. This will then rise to 40% after a further 7 years.
Payments made to political parties under the Electoral
Acts are linked to performance at a general election.
45. 40. The Government consists of not more than 15
members and not fewer than seven, i.e. Taoiseach (Prime
Minister), Tnaiste (Deputy Prime Minister) and between
five and 13 Ministers. The Taoiseach, Tnaiste and
Minister for Finance must be members of the Dil and the
other Ministers must be members of the Dil or Seanad,
with no more than two being members of the Seanad. The
Government acts as a collective authority and is
collectively responsible for the Departments of State
administered by its members. It generally meets once a
week. Discussions at meetings of the Government are
subject to cabinet confidentiality. At the time of a general
election, the Government remains in place until a new
Taoiseach has been appointed.
46. 41. Seanad ireann (Senate) has 60 members.
Eleven are nominated directly to the House by the
Taoiseach. 43 are elected by members of Dil ireann, by
outgoing members of the Seanad, and by county and
borough Council members, from five panels of candidates:
the Cultural and Educational Panel, the Agricultural Panel,
the Labour Panel, the Industrial and Commercial Panel and
the Administrative Panel. Each panel contains the names
of persons with knowledge and practical experience of the
interests represented by the panel. The remaining six are
elected by the graduates of universities - three by the
National University of Ireland and three by the University
of Dublin. The powers of the Seanad, as defined by the
Constitution are, in general, less than those of the Dil. Its
powers are complementary to those of the Dil in broad
areas such as the removal from office of a President or a
judge; the declaration and termination of a state of
emergency; the initiation of Bills other than Money Bills;
and the annulment of statutory instruments. Seanad
ireann has no power to initiate Money Bills although it
can make recommendations to Dil ireann in respect of
such Bills.
47. 42. There is a system of Parliamentary Committees
in operation within the Oireachtas. Under standing orders
four committees must be appointed, on Selection, on
Public Accounts, on Procedure and Privileges and on
Consolidation Bills. Other committees may be established
by a resolution of one or both of the Houses of the
Oireachtas. They are empowered to request official papers
and to hear evidence from individuals. Their findings are
not binding. The reports of the Committees are laid before
the Oireachtas which decides what action, if any, is
necessary. It is a matter for the Oireachtas to decide upon
the number and range of Committees which should be
established, together with their terms of reference.
The Electoral System
48. 43. Citizens have the opportunity to take part in the
political process by casting a vote in five decision-making
procedures:
49. a) The election of the President every seven
years, where there is more than one candidate;
50. b) Referenda on proposed constitutional
amendments;
51. c) Elections to local authorities, every five
years;
52. d) Parliamentary elections, which occur under
present legislation at least every five years;
53. e) Elections to the European Parliament,
every five years.
54. 44. The minimum voting age in Ireland is 18 years.
The electoral system in elections to the Dil is proportional
representation by means of the single transferable vote in
multi-seat constituencies. The single transferable vote is
also used for the election of the President, Members of the
European Parliament, Local Authorities, and 49 of the 60
members of the Seanad.
The Civil Service
55. 45. The legal basis for the present Irish system of
public administration is contained in the Irish Constitution
and in the Ministers and Secretaries Act 1924 (The 1924
Act). In accordance with Article 28 of the Constitution
Ministers are in charge of their Departments. The 1924
Act, and its subsequent amendments, provides a statutory
classification of the functions of Government under the
various Departments of State. Ministers are responsible for
all the actions of their Departments. However, the
Supreme Court of Ireland has confirmed that the Carltona
doctrine applies to the Irish civil service i.e. the official
acts of a civil servant are identified as acts of the Minister
of the relevant department even where no express act of
delegation has taken place. The day-to-day administration
of a Departments functions is overseen by its Secretary
General, who is a civil servant. The Public Service
Management Act 1997 (the 1997 Act) gives a statutory
framework for the allocation of authority, responsibility
and accountability within and across Government
Departments.
56. 46. The Civil Service is impartial vis--vis political
parties in the performance of its functions and senior and
middle ranking civil servants are precluded from
involvement in party political activity. Recruitment to the
Civil Service is by open public competition administered
by an independent State commission. The Civil Service
comprises a number of grades with different functions.
The principal grade categories are: administrative,
responsible for policy formulation; technical and scientific,
providing specialist advice within the Civil Service;
executive, involved in the implementation of policy; and
clerical, responsible for general duties. At present there
are approximately 35,000 people employed in the Civil
Service. In addition Ministers may appoint Special Advisors
in accordance with provisions set out in the 1997 Act.
Local government
57. 47. Local government is administered by 114 local
authorities funded through a combination of State grants,
commercial rates, charges for goods and services and by a
local tax on residential properties. Local authorities are
multi-purpose bodies responsible for an extensive range of
services including land use (zoning) and development, fire
safety and fire and emergency services, the provision of
public housing, road maintenance, supports for local
economic and community development, libraries, and
certain other services.
58. 48. The Local Government Reform Act 2014
provides for a wide-ranging programme of local
government reform involving action to strengthen and
improve the structures, functions, resources, operations
and governance of the local system.
59. 49. The programme has a particular focus on
strengthening structures at regional, county and sub-
county levels; expanding the role of local government;
maximising operational and organisational efficiency;
improving governance, oversight, local political and
executive leadership; leading economic, social and
community development; and representing citizens and
local communities effectively and accountably. The
number of local authorities will be reduced to 31 (i.e.
County and City Councils) following local elections to be
held in May 2014, with each county configured into
Municipal Districts based around principal towns and their
hinterlands. There will be a single county wide executive
or operational structure with resources at the disposal of
both county and district levels and a significant range of
functions will be performed by elected members at district
level, with strategic matters dealt with at county level.
Regional structures are being rationalised from eight
Regional Authorities and two Regional Assemblies
currently, with their key role being strategic planning and
oversight.
60. 50. Reform proposals include a significantly
increased role for local government in local and
community development programmes in the context of
alignment of the local development sector with the local
government sector. Such an enhanced role for oversight
by local government in this area is consistent with its
objective of promoting the well-being and quality of life of
citizens and communities. Local government will be
positioned to work with local entities and communities, as
well as with the structures of central government, to bring
greater coherence, efficiency, effectiveness and better
governance to local development programmes and
activities.
The Administration of Justice
An Garda Sochna (National Police Force)
61. 51. Ireland has a single national police service, An
Garda Sochna. Currently the strength of An Garda
Sochna is 13,330. In addition there are 1087 Garda
Reserves operational with a further 173 in training.
62. 52. Policing levels are determined by a number of
variables including demographics, policing plans/models,
the needs of the service and the security of the State. As
such the minimum numbers required in future years will
remain an indeterminate variable. Garda personnel
assigned throughout the Country, together with overall
policing arrangements and operational strategy, are
continually monitored and reviewed. Such monitoring
ensures that optimum use is made of Garda resources,
and the best possible Garda service is provided to the
general public. An Garda Sochna has responsibility for
Policing and State Security. This responsibility is contained
under section 7 of the Garda Sochna Act 2005 as one (1)
of the functional objectives of An Garda Sochna.
63. 53. An Garda Sochna is established by legislation
and its internal management is subject to Regulations
made by the Minister for Justice and Equality. An Garda
Sochna has operational independence subject to the
general financial and regulatory framework established by
the Minister.
64. 54. Section 7 of the Garda Sochna Act sets out the
functional objectives of An Garda Sochna as:
preserving peace and public order;
protecting life and property;
vindicating the human rights of each individual;
protecting the security of the State;
preventing crime;
bringing criminals to justice, including by detecting
and investigating crime;
regulating and controlling road traffic and improving
road safety; and
other functions conferred by law including those
relating to immigration.
65. 55. All senior officers, including the Commissioner,
are appointed by the Government. The democratic
accountability of An Garda Sochna has been
strengthened by the provisions of the Garda Sochna Act
2005. The Garda Commissioners Strategy Statements and
Annual Policing Plans are subject to the approval of the
Minister. The Commissioner must report to the Minister as
required. The Minister is in turn politically accountable to
Dil ireann for An Garda Sochna.
66. 56. Provision has also been made for local
accountability of An Garda Sochna through Joint Policing
Committees, which have been established in each local
authority area under the provisions of the Garda Sochna
Act 2005. The Committees provide a forum for
consultation and cooperation between An Garda Sochna,
the local authority, elected representatives for the area
and other community representatives in relation to local
policing issues. The Committees can make
recommendations on matters concerning the policing of
areas, including measures to address the levels and
patterns of anti-social behaviour.
67. 57. The powers of the police are set out in statute
and all their actions are subject to review by an active and
constitutionally independent judiciary. There is also an
independent police complaints authority, the Garda
Sochna Ombudsman Commission (see para 110).
68. 58. The authority to prosecute a person for a
criminal offence rests with an independent officer, the
Director of Public Prosecutions (see para 65).
69. 59. Incidents of racially motivated crime are
recorded by An Garda Sochna and are classified as such
after investigation. In 2009, there were 128 recorded
offences, 127 in 2010, 142 in 2011 and 97 in 2012. Of the
97 recorded offences in 2012, 24 were Assault (Minor), 16
were Criminal Damages (not Arson) and 30 were Public
Order Offences. There were 11 prosecutions under the
Prohibition of incitement to Hatred Act 1989 in 2012.
70. 60. In 2012, there were 1,168 male suspected
offenders for assault causing harm, and 147 female
suspected offenders. For burglary, there were 3,388
suspected male offenders and 178 suspected female. For
public order offences, there were 23,604 suspected male
offenders and 3,580 suspected female.
71. 61. In 2012, for assault causing harm, there were
1,489 male victims and 374 female victims. For burglary,
there were 12,426 male victims and 9,013 reported
female victims.
72. 62. According to the Irish Prison Service Annual
Report, in 2012 there were 12,991 committals to prison
under sentence. 8,837 of those committed were for less
than 3 months, and 1,734 were for sentences of 3-6
months. 8.6% of those committed were aged 18-21 years
and 70% were aged between 21 and 40 years of age.
73. 63. On 30 November 2012, there were 3,710
prisons currently in custody under sentence. Of these,
males comprised 3,588 and females 122. Of these
prisoners, 305 were serving sentences of life, while an
additional 290 were serving sentences of 10+ years. The
largest offence group for those in custody was Group 10
Controlled Drug Offences.
74. 64. Further information on crime figures in Ireland
and other statistical indicators can be found in Appendix I.
The Irish Legal System
75. 65. Ireland has a common law legal system. The
Constitution of Ireland is the basic law of the State and it
takes precedence over other inferior sources of law.
Therefore a common law or legislative provision which
conflicts with a provision of the Constitution is void and
will have no legal effect. Other important sources of law
include European Union law, which operates at a supra-
Constitutional level, and legislation enacted by the
Oireachtas. Further, since Ireland has a common law legal
system, judge-made law is an important source of law:
under the doctrine of precedent, or stare decisis, a court is
expected to follow previous judgments, particularly those
of higher courts, although this rule may be deviated from
in certain circumstances.
The Court System
76. 66. The Courts are structured on four levels: the
District Court, the Circuit Court, the High Court and the
Supreme Court. The latter two are referred to as the
Superior Courts and may rule on constitutional matters.
There is also a Court of Criminal Appeal.
77. 67. In addition to the Courts structure outlined in
the preceding paragraph, there is a Special Criminal Court,
established in 1972, which sits without a jury. The
Government is satisfied that there is a continuing need for
this Court to deal with a range of offences arising from
terrorism and organised crime. This need is kept under
continuing review.
78. 68. On 4 October 2013, a proposal to amend the
Constitution in order to establish a Court of Appeal was
approved by the Irish electorate in a referendum.
Implementation legislation will need to be passed by the
Oireachtas before the new court can be established. That
legislation is under development as of the date of the
submission of this document. The Court of Appeal will
operate at a level between the current High Court and
Supreme Court. It will hear most of the appeals which are
currently heard by the Supreme Court, virtually all appeals
from decisions of the High Court, and appeals from other
courts if laws are passed to provide for this. In general, the
decision of the Court of Appeal will be final. In cases where
the Supreme Court is satisfied that a decision involves a
matter of general public importance or where the interests
of justice so require, there may be a further appeal from
the Court of Appeal to the Supreme Court, and there may
be some direct appeals from the High Court to the
Supreme Court where there are exceptional circumstances
warranting such direct appeals.
The Judiciary
79. 69. Judges in Ireland are independent both of the
executive and the legislature and this independence is
given full protection by the Constitution. Judges are
appointed by the President on the advice of the
Government, which makes its decisions with reference to
recommendations from the Judicial Appointments Advisory
Board. Article 35.2 of the Constitution provides that all
judges shall be independent in the exercise of their
functions and subject only to the Constitution and the law.
They may not be members of the Oireachtas or hold any
other office or position of emolument (Art. 35.3). They
may not be removed from office except for stated
misbehaviour or incapacity and then only upon resolutions
passed by both Houses of the Oireachtas calling for their
removal (Art. 35.4). This power has yet to be exercised.
With the exception of the power of the Oireachtas to
remove a judge, questions of discipline in relation to
judges are regulated by the judiciary. The current
Programme for Government contains a commitment to
legislate for the establishment of a Judicial Council and it
is intended to publish the Bill in 2014. In November 2011
the Judiciary established an Interim Judicial Council
pending the publication and enactment of the proposed
legislation.
The Office of the Director of Public Prosecutions
(DPP)
80. 70. The Office of the Director of Public Prosecutions
was established by the Prosecution of Offences Act 1974,
which conferred on the Director all functions capable of
being performed in relation to the criminal matters by the
Attorney General immediately before the passing of the
Act. The principal of such function is the power to
prosecute criminal offences. The Director is independent
in the performance of his/her functions. Only the Director
may prosecute indictable offences, but summary offences
may also be prosecuted by relevant Ministers, other
prosecution agencies and by individuals acting as
common informers. As part of his/her function in
ensuring the proper conduct of criminal prosecutions the
Director has the responsibility for the nomination and
instruction of Counsel. The Office also determines and
discharges the fees of Counsel who are instructed to act
on behalf of the Director.
Average backlog of cases per judge at different
levels of the judicial system
81. 71. Waiting times in the Circuit and District Courts
vary from venue to venue based on the number and
complexity of cases. The Presidents of the various courts
are determined to achieve improvements in waiting times
and they are working with the Courts Service to target
judicial resources at the areas with longest waiting times.
82. 72. The President of the High Court keeps waiting
times under continuous review and has introduced a
number of initiatives such as reorganising sittings of the
High Court outside Dublin and arranging for additional
court sittings during court recesses to reduce waiting
times. In addition, the delegation to court officials of
administrative functions previously dealt with by High
Court judges has increased judicial availability for trial
work. These initiatives continue to be reviewed and
expanded. Despite significant pressure, the waiting times
in the High Court lists have generally reduced
considerably.
83. 73. The Supreme Court, however, continues to
experience lengthy waiting times which are now in excess
of four years. Waiting times for priority cases are 9-12
months at present. The Government has also recently
approved the appointment of two additional Supreme
Court judges as an interim measure to tackle the backlogs
in the Supreme Court and the Court of Criminal Appeal.
The establishment of the Court of Appeal is expected to
significantly reduce the at-present long delays in having
appeals heard by the Supreme Court.
84. 74. The Criminal Justice (Legal Aid) Act 1962 and a
series of regulations made there under provides that an
applicant for criminal legal aid must establish to the
satisfaction of the court that his/her means are insufficient
to enable to pay for legal representation him/herself. The
Court must also be satisfied that, by reason of the gravity
of the charge or exceptional circumstances, it is essential
in the interests of justice that the applicant should have
legal aid. The constitutional right to legal aid was
established in 1976 in the State (Healy) v. Donoghue case.
In addition, Article 6(3) (c) of the European Convention on
Human Rights provides that every person charged with a
criminal offence is entitled to defend him/herself in person
or through legal assistance of his/her own choosing or, if
he/she has insufficient means to pay for legal assistance,
to be given it free when the interests of justice so require.
The grant of legal aid entitles the applicant to the services
of a solicitor and, in certain circumstances, up to two
counsel, in the preparation and conduct of his/her defence
or appeal. The Courts, through the judiciary, are
responsible for the granting of legal aid.
85. 75. The Legal Aid Board was established to
administer a scheme of civil legal advice and aid to
persons of modest means in Ireland. The scheme of Civil
Legal Aid and Advice was introduced in 1979 following the
judgement of the European Court of Human Rights in the
case of Airey v. Ireland and the recommendations made by
the Pringle Committee which had been set up by the
Minister for Justice to advise him on the introduction of
such a Scheme. It operated on an administrative basis
until the introduction of the Civil Legal Aid Act 1995. The
primary model of service delivery is the law centre model
though it is complemented by the use of private solicitors
for certain matters. Most civil matters come within the
scope of the scheme and there are relatively few
exclusions. While the Legal Aid Board is responsible for
administering most civil law matters it does not administer
the scheme of legal aid for representation before Mental
Health Tribunals. This scheme is administered by the
Mental Health Commission. Legal aid for criminal matters
is provided under the Criminal Justice (Legal Aid) Act,
1962. The main criminal legal aid scheme is currently
administered by the Department of Justice and Equality
though responsibility is due to transfer to the Legal Aid
Board.
II. General framework for the
promotion and protection of human rights
A. Acceptance of international human rights norms
86. 76. Ireland has signed and ratified most of the core
United Nations human rights conventions. The table
below outlines the signature and ratification of the major
United Nations human rights treaties.
Signed Ratified Reservations/ Declarations Reports
International Covenant on Civil and Political Rights
1 October 1973 8 December 1989 Reservations:
Article 10, para. 2; Article 20, para. 1. First report: 1992;
Second report: 1998;
Third report: 2007;
Fourth report: 2012.
Optional Protocol to the International Covenant on Civil
and Political Rights
8 December 1989. Reservation: Article 5, para. 2
N/A
Second Optional Protocol to the International Covenant on
Civil and Political Rights, aiming at the abolition of the
Death Penalty
18 June 1993 None. N/A
Rights
1 October 1973 8 December 1989 Reservations:
Article 2, para. 2
Article 13, para. 2 (a) First report:
Second report: 2000
Third report: 2012
Convention on the Elimination of All Forms of
Discrimination Against Women
23 December 1985 Reservations:
Article 11 (1); Article 13 (a); Article 16, 1 (d) and (f).
First report: 1987;
Combined second and third report: 1997; Combined fourth
and fifth report 2005.
Optional Protocol to the Convention on the Elimination of
Discrimination Against Women
7 September 2000 7 September 2000 None N/A
International Convention on the Elimination of All Forms of
Racial Discrimination
21 March 1968 29 December 2000 Reservation:
Article 4 Combined first and second report: 2004;
Combined third and fourth report: 2009.
Degrading Treatment or Punishment
28 September 1992 11 April 2002 Declarations:
Article 21;
Article 22. First report: 2009
International Convention on the Rights of the Child
30 September 1990 28 September 1992 None. First
report: 1996;
Second report: 2005;
Combined third and fourth reports: 2013.
Optional Protocol to the CRC on the involvement of
children in armed conflict
7 September 2000 18 November 2002 Declaration:
Article 3, paragraph 2 First report: 2006.
87.
88. 77. Ireland has not signed or ratified the Convention
on the Rights of Migrant Workers and their Families.
Nevertheless, the rights of migrant workers and their
families are extensively protected under existing Irish
legislation and under the Irish Constitution, as well as EU
law. In addition, the rights of migrant workers and their
families are addressed by Irelands commitments under
the international human rights instruments to which the
State is a party. These international instruments included
the International Covenant on Civil and Political Rights and
the International Covenant on Economic, Social and
Cultural Rights.
89. 78. At present, there are no plans to sign or ratify
the Convention. However as with all outstanding
ratifications of international human rights instruments, the
position regarding the International Convention on the
Protection of the Rights of all Migrant Workers and
Members of their Families will be kept under review.
90. 79. Ireland was in the first group of countries to sign
the Convention on the Rights of Persons with Disabilities
when it opened for signature on 30 March 2007. It is the
Government of Irelands intention to ratify the Convention
as quickly as possible, taking in to account the need to
ensure that all necessary legislative and administrative
requirements under the Convention are being met. The
ongoing implementation of our National Disability Strategy
in many respects comprehends many of the provisions of
the Convention. In addition, an inter-departmental
committee has been established to monitor the remaining
legislative and administrative actions required to enable
ratification.
91. 80. Ireland signed the International Convention for
the Protection of All Persons from Enforced
Disappearances (ICED) on 29 March 2007. Ireland intends
to ratify the ICED as soon as practicable; it is likely that
legislation will be required in advance of progression to
ratification. The position in this regard is currently under
examination. Any necessary legislation will be advanced
as legislative priorities generally permit.
92. 81. The Irish Government has a policy of keeping
existing reservations to human rights treaties actively
under review, consistent with the Vienna Declaration and
Program of Action. At present all of the reservations under
these articles are considered necessary.
93. 82. On 17 May 2011, the Government approved the
preparation of legislation to ratify the Optional Protocol to
the UN Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment. Work is
continuing on the preparation of a legislative scheme, with
a view to ratification as soon as possible after enactment.
94. 83. Ireland signed the Optional Protocol to the
Rights on 23 March 2012. The question of ratification of
the Optional Protocol is under consideration by the
Government.
95. 84. Ireland has issued a standing invitation to all UN
human rights special procedures. Ireland was visited by
the Independent Expert on Human Rights and Extreme
Poverty in January 2011. Ireland was visited by the Special
Rapporteur on the situation of Human Rights Defenders in
November 2012.
B. Legal framework for the protection of human
rights at the national level
Constitutional Protection Specified Rights
96. 85. A large number of rights are specifically
provided for in the Constitution. They are principally,
although not exclusively, to be found in Articles 40-44,
under the heading Fundamental Rights. These include: (a)
equality before the law (Art. 40.1); (b) the right to life
(Arts. 40.3.2 and 3); (c) the right to protection of ones
person (Art. 40.3.2); (d) the right to ones good name (Art.
40.3.2); (e) property rights, including the right to own,
transfer, bequeath and inherit property (Art. 40.3.2 in
conjunction with Art. 43); (f) personal liberty (Art. 40.4);
(g) the inviolability of the dwelling (Art. 40.5); (h) freedom
of expression (Art. 40.6.1 (i)); (i) freedom of assembly (Art.
40.6.1 (ii)); (j) freedom of association (Art. 40.6.1 (iii)); (k)
family rights (Art. 41); (l) the right of parents to provide for
childrens education (Art. 42.1); (m) the right of children to
receive a certain minimum education (Art. 42.3.2); (n)
freedom of conscience and the free profession and
practice of religion (Art.44); (o) the right to vote (Arts.
12.2.2, 16.1 and 47.3); (p) the right to seek election (Arts.
12.4.1 and 16.1); (q) the right to have votes treated as
being of equal weight (Art. 16); (r) the right to have justice
administered in public by judges who are independent
(Arts. 34 and 35); (s) the right to criminal trial in Courts of
law (Art. 38.1); (t) the right to trial by jury (Art. 38.5); and
(u) the right not to have ones acts retrospectively
declared to be unlawful (Art. 15.5.1).
97. 86. The Government of Ireland held a referendum
on the rights of the child in the Constitution on 10th
November 2012. The majority of voters voted in favour of
inserting an article into the Constitution dealing directly
with the rights of the child. A challenge to the referendum
result is before the Courts. The matter of referring the
Referendum Bill to the President for signing into law, and
to give effect to the Constitutional changes concerned,
must await determination by the Courts of the legal
challenge made.
Constitutional Protection Unspecified Rights
98. 87. The Constitution addresses the issue of personal
rights and states: ]
99. Article 40.3.1
100. The State guarantees in its laws to respect, and, as
far as practicable, by its laws to defend and vindicate the
personal rights of the citizen
101. Article 40.3.2
102. The State shall, in particular, by its laws protect as
best it may from unjust attack and, in the case of injustice
done, vindicate the life, person, good name, and property
rights of every citizen
103. 88. In interpreting the provisions of the Constitution,
the Courts have identified a number of rights which,
although not expressly referred to in the Constitution, are
nonetheless provided for by it. The most notable of these
unspecified constitutional rights are: (a) the right to bodily
integrity; (b) the right to travel within the State; (c) the
right to travel outside the State; (d) the right not to have
health endangered by the State and freedom from torture
and from inhuman or degrading treatment or punishment;
(e) the right to litigate and have access to the Courts; (f)
the right to legal counsel; (g) the right to communicate;
(h) the right to marry; (i) the right to marital privacy; (j)
the right to procreate; (k) the rights of an unmarried
mother concerning her child; (l) the rights of a child; (m)
the right to legal representation in certain criminal cases;
and (n) the right to fair procedure.
Constitutionality
104. 89. Under Article 34 of the Constitution, both the
High Court and the Supreme Court have the power to
assess and determine the validity of any law in terms of its
constitutionality.
105. 90. In the event that a Court concludes that a
particular law is unconstitutional, that law ceases to have
any legal validity ab initio.
Constitutional Reform
106. 91. The Government, which came to power on 9
March 2011, has convened a Constitutional Convention to
consider the need for comprehensive constitutional
reform. The Convention on the Constitution was
established by Resolutions of both Houses of the
Oireachtas and its inaugural meeting took place on 1
December 2012. By mid April 2013, the Convention has
considered five of the matters listed in the Resolutions
approving its establishment: reducing the Presidential
term of office to five years, and aligning it with local and
European elections; reducing the voting age to 17 years;
amending the clause in Article 41.2 on the role of women
in the home; encouraging greater participation of women
in public life and increasing the participation of women in
politics; and changing the Constitution to allow for civil
marriage for same-sex couples. The Convention has
finalised its report and recommendations on the first two
items above and laid the report before the Houses. Under
the resolutions passed by the houses, the government has
four months in which to respond to recommendations in
the Conventions reports, including whether to hold
referendum(s).
Evidence
107. 92. The general rule in Ireland is that evidence
obtained as a result of a deliberate breach of a persons
constitutional rights is inadmissible.
Judicial Review
108. 93. Judicial review is a remedy which lies against
persons or bodies exercising public functions (including
the lower courts) to restrain them from acting contrary to
law or to compel them to act in accordance with law and
to comply with basic rules of natural justice and fair
procedures. It comprehends the old common law remedies
of certiorari, mandamus and prohibition. The modern
system of judicial review is an expeditious means by which
an order may be sought to set aside a decision or action of
such a body, or to compel it to act or prevent it from
acting contrary to law.
109. 94. As has already been explained, a person
seeking to challenge the constitutionality of legislation
may do so by way of judicial review. The judicial review
procedure is not, however, confined to cases where
constitutional irregularity is involved. While an Act of the
Oireachtas may be found invalid only for constitutional
irregularity, subordinate legislation may also be set aside
where the powers conferred by the enabling legislation are
exceeded, i.e. on the grounds that the subordinate
legislation is ultra vires the enabling Act. Furthermore, the
decisions of state bodies and other bodies exercising
public functions may be challenged by way of judicial
review. Such bodies are obliged to act within their powers
and to comply with the basic rules of natural justice and
fair procedures. Any failure to do so may be challenged by
way of judicial review on grounds of, inter alia,
unlawfulness, procedural irregularity and/or breaches of
fair procedure and natural justice.
110. 95. The following remedies exist in Irish law for
breaches of human rights protected by the Constitution of
Ireland: judicial review of legislation, or proposed
legislation, for constitutional infirmity, where the
legislation is, or would involve, the breach of a
constitutionally protected right; judicial review of
delegated legislation for constitutional infirmity or
incompatibility with the statutory provision which
authorises the delegated legislation; judicial review of
administrative action for constitutional infirmity or other
non-compliance with law, including a failure to observe the
rules of natural justice; with regard to the European
Convention on Human Rights Act 2003, where it is not
possible to interpret the statute, statutory instrument, rule
of common law etc., concerned in a manner which is
compatible with the Convention, provision is made in
Section 5 of the Act for the Superior courts to make a
Declaration of Incompatibility which will be laid before
both Houses of the Oireachtas. Provision is also made in
Section 5 (4) for a system of ex gratia compensation from
the State in circumstances where the party to the
proceedings concerned makes an application in writing to
the Attorney General, in respect of an injury, or loss, or
damage suffered by him or her as a result of the
incompatibility concerned.
111. Legislation, conventions and treaties
112. 96. Article 29.3 of the Constitution states that,
Ireland accepts the generally recognised principles of
international law as its rule of conduct in its relations with
other States. These principles include international
human rights law insofar as it forms part of customary
international law. Ireland has a dualist system under
which international agreements to which Ireland becomes
a party do not become part of domestic law unless so
determined by the Oireachtas through legislation.
113. 97. Ireland is party to human rights treaties adopted
under the auspices of the Council of Europe, including the
European Convention on Human Rights. Further effect was
given to the Convention in domestic law by way of the
European Convention on Human Rights Act 2003. The Act
provides for rights under the Convention to be pleaded
directly before Irish Courts and tribunals.
114. 98. As a State party to the European Convention on
Human Rights, Ireland is obliged to abide by the
judgments of the Court in cases to which it is party.
Judgments against Ireland have, in a number of cases,
required the payment of just satisfaction to applicants as
ordered by the Courts. Under the supervision of the
Committee of Ministers of the Council of Europe, the
Government will continue to take all necessary steps for
the execution of the Courts judgments.
115. 99. As a Member State of the European Union,
Ireland is bound by the Charter of Fundamental Rights of
the European Union. The Charter recognises specific
rights, freedoms and principles (economic and social as
well as civil and political), to which EU citizens are entitled
when the institutions of the Union and the Member States
are implementing Union law. In December 2009, with the
entry into force of the treaty of Lisbon, the Charter was
given binding legal effect equal to that of the EU Treaties.
Institutions and national machinery
116. 100. The Government recognises the importance of
independent complaints, monitoring and inspection bodies
and has established the following such bodies:
The Human Rights Commission and the Equality
Authority
117. 101. The Human Rights Commission was established
in July 2001 as a direct result of the Good Friday
Agreement. The Commission is an independent body,
recognised as operating in line with the Paris Principles,
charged with promoting and protecting human rights for
all people within the State. It is empowered to make
recommendations to Government, including on legislative
proposals, and may also conduct inquiries.
118. 102. The Equality Authority works towards the
elimination of discrimination and promotion of equality of
opportunity in the areas to which equality legislation
apply. Its functions also include provision of information to
the public about equality legislation, keeping such
legislation under review and making proposals for its
amendment. The Equality Authority is the designated
national equality body for the purposes of EU anti-
discrimination law.
The Equality Tribunal
119. 103. The Equality Tribunal (formerly the Office of the
Director of Equality Investigations) provides a quasi-
judicial forum to mediate, investigate and hear complaints
of unlawful discrimination under equality legislation. It is a
statutory body which operates in accordance with the
principles of natural justice and its core values are
impartiality and professionalism, accessibility and
timeliness.
120. 104. Under Government proposals, announced in
2011, to reform the infrastructure for asserting
employment rights and for seeking redress in cases of
discrimination, the existing employment rights and
industrial relations bodies are being merged to form a
unified Workplace Relations Commission. The new body
will take on the functions of the Equality Tribunal, the
Labour Relations Commission, the National Employment
Rights Authority, the Employment Appeals Tribunal and
some of the functions of the Labour Court. The preparation
of legislation to give effect to this decision is at an
advanced stage.
121. 105. Under Government proposals, announced in
2011, to reform the infrastructure for asserting
employment rights and for seeking redress in cases of
discrimination, the existing employment rights and
industrial relations bodies are being merged. A new two-
tier Workplace Relations structure will be established
comprising two statutorily independent bodies replacing
the current five. There will be a new single body of first
instance to be called the Workplace Relations Commission
and a separate appeals body, which will effectively be an
expanded Labour Court. The preparation of legislation to
give effect to this decision is at an advanced stage and it
will provide for the services of the Equality Tribunal, the
National Employment Rights Authority, the Labour
Relations Commission and the first instance functions of
the Employment Appeals Tribunal (EAT) to come together
under the remit of the Workplace Relations Commission.
The appellate functions of the EAT will be amalgamated
into a reconfigured Labour Court.
122. 106. The jurisdiction of the Equality Tribunal is wide-
ranging. Its principal role is the investigation and
mediation of complaints of discrimination in relation to
employment and in relation to access to goods and
services, disposal of property and certain aspects of
education. This protection against discrimination applies
to all nine grounds on which discrimination is prohibited
under the equality legislation. Where a complaint of
discrimination is upheld, redress may be awarded. The
Tribunal may also investigate complaints of discrimination
on the same grounds under Part VII of the Pensions Act
1990, where there has been failure to comply with the
principle of equal treatment in relation to occupational
benefit schemes. The Tribunal has jurisdiction in all areas
covered by the equality legislation with the exception of
service in licensed premises, where claims should be
referred to the District Court.
Irish Human Rights and Equality Commission
123. 107. Government proposals to establish a new Irish
Human Rights and Equality Commission were announced
in 2011. The existing Human Rights Commission and the
Equality Authority will merge into the new body in order to
enhance the protection of human rights and the promotion
of equality. The Commission will have enhanced powers
and be accountable to Parliament. The preparation of
legislation to give effect to this decision is at an advanced
stage. Pending establishment of the new Irish Human
Rights and Equality Commission, the Human Rights
Commission and the Equality Authority continue in
operation. Commissioners-designate, selected through an
open procedure independent of Government, have been
appointed initially to these bodies to ensure that the two
organisations can begin operating as a cohesive whole.
National Employment Rights Authority
124. 108. The National Employment Rights Authority
(NERA) was established on an interim basis in February
2007 in order to secure enhanced compliance with legal
requirements, underpinned by adequate enforcement and
to greatly enhance public confidence in the system of
compliance. NERA aims to achieve voluntary compliance
with employment law through the provision of education
and awareness, inspection of employers employment
records and enforcement where necessary.
Health Service Executive
125. 109. Statutory responsibility for the provision of
health services is vested in the Health Service Executive
under the Health Act, 2004 which provides that the Health
Service Executive has the responsibility to manage and
deliver, or arrange to be delivered on its behalf, health
and personal social services. Prior to the establishment of
the Health Service Executive, responsibility for such
services was vested in the regional health boards under
the Health Act, 1970 and the Eastern Regional Health
Authority under the Health (ERHA) Act, 1999.
Child and Family Agency
126. 110. Statutory responsibility for the provision of
specified child and family services is vested in the Child
and Family Agency under the Child and Family Agency Act,
2013 which provides that the Agency has responsibility,
inter alia, to manage and deliver or arrange to have
delivered on its behalf, services to support and promote
the development, welfare and protection of children; to
support and encourage the effective functioning of
families; and to support the promotion of school
attendance, participation and retention. The Agency also
supervises and inspects early years services n respect of
pre-school and school age childcare provided by the
community/voluntary and commercial sectors.
Health and Safety Authority
127. 111. The Health and Safety Authority is the national
statutory body with responsibility for enforcing
occupational safety and health law, promoting and
encouraging accident prevention, and providing
information and advice to all companies, organisations
and individuals. The Authority is also the national
Competent Authority for REACH (Registration, Evaluation,
Authorisation and Restriction of Chemicals) and other
chemicals legislation. The Authority deals with every size
of workplace in every economic sector.
National Disability Authority
128. 112. The National Disability Authority provides
expert advice on disability policy and practice to the
Minister for Justice and Equality. Public sector
organisations are obliged to promote and support the
employment of people with disabilities, and achieve a
statutory minimum 3% target of staff with disabilities. The
Authority monitors compliance by public bodies and can
recommend specific action where a public body is in
breach of these obligations.
Mental Health (Criminal Law) Review Board
129. 113. The Mental Health (Criminal Law) Review Board
was established under the Criminal Law (Insanity) Act
2006, as amended by the Criminal Law (Insanity) Act
2010. The function of the Board is to review the detention
of persons detained in designated centres who have been
refereed there by a Court having been found unfit to stand
trial or not guilty of an offence by reason of insanity. The
Board also reviews the detention of persons who are
transferred to a designated centre from prison for care or
treatment. Currently the only designated centre in the
State is the Central Mental Hospital.
Ombudsman, Information Commissioner and
Commissioner for Environmental Information
130. 114. The legislation setting up the Ombudsman dates
back to 1980 providing for the examination of complaints
concerning the administrative actions of Government
Departments, the Health Service Executive, public
hospitals and local authorities. The Ombudsman
(Amendment) Act 2012 strengthens the Ombudsmans
powers and extends the Act to at least another 150 public
bodies including, for example, all third level institutions.
The Ombudsman plays a critical role in vindicating the
rights of citizens in their dealings with public bodies.
131. 115. While they are in law separate entities, the
Offices of the Ombudsman and the Information
Commissioner have been held by the same person and the
two offices have operated together since the Office of
Information Commissioner was established in 1997. The
function of Commissioner for Environmental Information
was also added to the role in 2007 as part of Irelands
implementation of the Aarhus Convention. The
Commissioner is responsible for reviewing (on application)
decisions of public bodies in relation to Freedom of
Information and Access to Information on the Environment
requests and, where necessary, making binding new
decisions; reviewing the operation of the Freedom of
Information Acts to ensure that public bodies comply with
the provisions of the legislation; and preparing and
publishing commentaries on the practical operation of the
Acts. The Commissioner for Environmental Information
may also refer any question of law arising in an appeal
under that code to the High Court for determination.
Ombudsman for the Defence Forces
132. 116. Established under the Ombudsman (Defence
Forces) Act 2004, the Office provides a complaints
procedure for members and former members of the
Defence Forces in situations where internal complaints
procedures have been exhausted.
Garda Sochna Ombudsman Commission
133. 117. The independent police complaints authority,
the Garda Sochna Ombudsman Commission, is
empowered to directly and independently investigate
complaints against members of An Garda Sochna, or any
matter where it appears that a Garda may have
committed an offence or behaved in a manner that would
justify disciplinary proceedings.
134. 118. The main areas of work of the Ombudsman for
Children's Office include independent handling of
complaints by young people or by adults on young
peoples behalf; communication and participation,
including supporting people in finding out about childrens
and young peoples rights; and research and policy,
including advising the Government on childrens rights
issues.
Data Protection Commissioner
135. 119. The Commissioner is responsible for upholding
the rights of individuals as set out in the Data Protection
legislation and enforcing the obligations of data
controllers. The Commissioner is independent in the
exercise of his or her functions. Individuals who feel their
rights are being infringed can complain to the
Commissioner.
Press Ombudsman and Council
136. 120. The Press Council of Ireland and the Office of the
Press Ombudsman safeguard and promote professional
and ethical standards in Irish newspapers and magazines.
The Office of the Press Ombudsman ensures that
everybody now has access to an independent press
complaints mechanism that is quick, fair and free. These
structures are designed to ensure that the freedom of the
press is never abused, and that the public interest is
served.
Monitoring Group on National Action Plan on
United Nations Security Council Resolution 1325
137. 121. A Monitoring Group on the implementation of
Irelands National Action Plan on United Nations Security
Council Resolution 1325 on Women Peace and Security
(2011 - 2014), made up of 50% Academic and Civil Society
Organisation representatives and 50% Government
representatives, with an independent Chair, oversees the
regular and systematic review of progress in achieving the
objectives, actions and targets of the NAP.
An Coimisinir Teanga (The Language
Commissioner)
138. 122. The Office of An Coimisinir Teanga is a fully
independent Office as set out in the Official Languages Act
2003. The functions and powers of the Commissioner are
specified in the 2003 Act and essentially are to monitor
compliance with the Act by public bodies.
Inspector of Prisons
139. 123. The Inspector carries out regular inspections of
the 14 prisons and places of detention, and reports on
each institution inspected. These reports, together with an
Annual Report, are published.
The Health Information and Quality Authority
140. 124. The Health Information and Quality Authority
(HIQA) is the independent Authority established to drive
continuous improvement in Irelands health and personal
social care services, monitor the safety and quality of
these services and promote person-centred care for the
benefit of the public. The Authoritys mandate extends
across the quality and safety of the public, private (within
its social care function) and voluntary sectors. Reporting
to the Minister for Health and the Minister for Children and
Youth Affairs, the Health Information and Quality Authority
has statutory responsibility for:
Setting Standards for Health and Social Services;
Registering and inspecting residential centres for
older people and residential disability centres;
Monitoring the quality and safety of health and
personal social care services and
Investigating as necessary serious concerns about
the health and welfare of people who use these services.
141. The role of the Health Information and Quality
Authority also includes developing standards and
inspection in respect of children's services. HIQA inspects
protection and welfare services; foster care provision
childrens residential centres including secure units which
provide intensive support for children in a secure facility
provided by the Child and Family Agency (formerly the
HSE). It also inspects childrens detention schools.
Financial Services Ombudsman
142. 125. The Financial Services Ombudsman deals
independently with unresolved complaints from
consumers about their individual dealings with all financial
services providers, including in relation to mortgage and
other consumer credit matters.
Mental Health Commission and Inspectorate of
Mental Health Services
143. 126. The functions of the Mental Health Commission
are to promote, encourage, and foster the maintenance of
high standards and good practices in the delivery of
mental health services and to take all reasonable steps to
protect the interests of detained patients.
144. 127. The Inspectorate of Mental Health Services is
required by law to visit and inspect every approved centre
annually and, as the Inspectorate thinks appropriate, to
visit and inspect any other premises where mental health
services are being provided. As part of the inspection
process, the functions of the Inspectorate include
ascertaining the degree of compliance by approved
centres with any applicable Code of Practice or statutory
regulations.
Citizens Information Board
145. 128. The Citizens Information Board provides free
information, advice and advocacy on a broad range of
public and social services. It also supports the voluntary
network of 113 Citizens Advice Centres around the
country, the Citizens Information Phone Services, the Sign
Language Interpreting Service and the National Advocacy
Service.
Money, Advice and Budgeting Service (MABS)
146. 129. MABS is a national free, confidential and
independent service for people in debt or in danger of
getting into debt. Funded by the Government via the
Citizens Information Board, MABS operates at a network
of centres at local community level that assist people with
debt problems.
The Private Residential Tenancies Board (PRTB)
and the Rent Tribunal
147. 130. The PRTB was established under the Residential
Tenancies Act 2004 to operate a national tenancy
registration system and to resolve disputes between
landlords and tenants. The Residential Tenancies
Amendment (No.2) Bill 2012 once enacted will extend the
remit of the PRTB so that dwellings let by approved
housing bodies to social housing tenants will come within
the remit of the Act. The Rent Tribunal was established
under the Housing (Private Rented Dwellings)
(Amendment) Act 1983 and is the arbitrating body in the
determination of the terms of tenancy for formerly rent-
controlled dwellings. The Residential Tenancies
Amendment (No.2) Bill 2012 once enacted will also give
legal effect to the merger of the PRTB and the Rent
Tribunal.
Civil Society
148. 131. Ireland is fully committed to a pluralistic and
open democracy and values the role played by a diverse
and inclusive civil society in this regard. Government
recognises the contribution that social dialogue can make
to maximising common understanding across all sectors of
society especially in addressing the difficulties facing the
country at the moment. Ministers and their Departments
continue to have regular interaction with representatives
of all sectors of society. Successive Governments have
attached much importance to the role of the NGO
community in the area of human rights. In order to provide
a formal framework for a regular exchange of views
between the Department of Foreign Affairs and Trade and
representatives of the NGO community, the Joint
DFAT/NGO Standing Committee on Human Rights was
established, comprising representatives of NGOs and
experts, as well as officers of the Department. In addition
to the Committee, a Forum on Human Rights, to which all
interested NGOs are invited, is held annually.
C. Framework within which human rights are
promoted at the national level
National and Regional Parliaments and
Assemblies
149. 132. There are numerous Joint Oireachtas
Committees which consider issues of importance to
human rights and public affairs. These Joint Committees
include, inter alia, the Joint Committee on Social
Protection, the Joint Committee on Health and Children,
the Joint Committee on Justice, Defence and Equality and
the Joint Committee on Foreign Affairs including the Sub-
Committee on Human Rights and the Sub-Committee on
Development Cooperation.
Dissemination of Human Rights Instruments
150. 133. Information relating to the main human rights
conventions ratified by Ireland and the national reports
submitted to the United Nations on the implementation of
these conventions are available on the Department of
Foreign Affairs and Trade website (www.dfa.ie). The
individual government departments responsible for
implementation and compliance with UN human rights
instruments are also responsible for dissemination.
151. 134. The Universal Declaration of Human Rights has
been printed in both national languages and has been
widely distributed. Copies of international human rights
instruments ratified by Ireland have also been made
available to the general public and circulated to members
of Dil ireann.
Raising human rights awareness among public
officials
152. 135. The Government of Ireland aims to ensure that
all public officials are aware of their obligations under
various human rights instruments. Human rights training
is provided to public officials including members of An
Garda Sochna, members of the Defence Forces and
custodial personnel working in the Irish Prison Service. The
Irish Human Rights Commission provides training to civil
and public servants on their human rights obligations.
153. 136. The Irish Defence Forces provide on-going
human rights training at United Nations Training School
Ireland (UNTSI) in the Defence Forces Training Centre both
for members of the Defence Forces and for participants
from armed forces abroad. The overall training package is
based on the programme provided by the United Nations
Office of the High Commissioner for Human Rights
(OHCHR).
154. 137. Human rights training also forms a key part of
the formal induction and in-service training courses for
custodial personnel. Every opportunity is taken in the
course of such training to foster and promote respect for
human rights in the treatment of persons in custody. The
basic training given to prison officers places significant
emphasis on the human rights of prisoners. They are
taught that deprivation of liberty is a most sensitive and
far-reaching power available to the State and should at all
times be subject to the rule of law and exercised with
respect for the dignity and basic rights to which every
person is entitled. The training provided places significant
emphasis on the European Convention on Human Rights,
the United Nations Standard Minimum Rules for the
Treatment of Prisoners, the European Prison Rules, and the
work of the European Committee for the Prevention of
Torture or Inhuman or Degrading Treatment or
Punishment.
155. 138. The Irish Prison Service College is working in
partnership with the Irish Human Rights Commission and
has developed a tailored Train the Trainer human rights
course, based on participative methodology for training
liaison officers in each of their prisons. The training
includes the relevant human rights framework along with
the practical application of principles of human rights,
such as dignity, respect, equality, proportionality and
transparency. This will allow the trainers to deliver a two-
hour training course to all prison personnel across Ireland
and concentrate on the principles of dignity and respect in
the daily interaction of Prison officers and prisoners. The
programme is to be launched in December 2013.
156. 139. Human rights training forms a central part of all
recruits and members of An Garda Sochna. A dedicated
Human Rights Office was set up in 1999 and deals with
Garda training and educational policy in the areas of
human rights. It also has a consultation brief with Non
Governmental Organisations and community groups
countrywide. The Human Rights Office also acts as the
secretariat for the Garda Strategic Human Rights Advisory
Committee (SHRAC). The mainstreaming and instilling of a
culture of respect for human rights by An Garda Sochna
is a key focus of SHRAC.
157. 140. SHRAC is represented by both state
representatives and civil society human rights advocates.
The state actors comprise: Assistant Commissioner Human
Resource Management (HRM) (chair), senior Garda
management, Garda civilian staff, management and a
Department of Justice & Equality official. The civil society
representatives include members from: the Irish Human
Rights Commission (IHRC); the Irish Council for Civil
Liberties (ICCL), the Equality Authority and Amnesty
International.
158. 141. SHRAC has the following terms of reference:
Progress implementation of human rights initiatives
to bring about cultural change across the organisation;
Promote human rights policies and procedures
(internally and externally);
Ensure that best human rights practice is at the core
of our policing service.
159. 142. Garda attached to the Garda National
Immigration Bureau receive additional training appropriate
to their role as immigration officers. Likewise, civilian
immigration officers of the Irish Naturalisation and
Immigration Service assigned to frontline immigration
control duties also receive appropriate training in human
rights. The training programmes cover areas such as
international human rights mechanisms, human trafficking
and developing cultural competence.
160. 143. Irelands overseas aid programme Irish Aid
has a significant focus on public engagement around
development and human rights. Much of this comes in the
form of work at primary and secondary school level but
also with the informal education sector. In addition, Irish
Aid engages in a variety of outreach and communications
activities through the Irish Aid Information and
Volunteering Centre located in the heart of Dublin city.
Promotion of Human Rights Awareness through
Educational Programmes and Government-Sponsored
public information
161. 144. Human rights issues are addressed at both
primary and post-primary levels and there are Human
Rights programmes in a number of third-level education
institutions.
162. 145. At Primary level, human rights can feature in a
range of contexts across the curriculum which is taught in
an integrated way. At this level the strongest emphasis is
in Social, Personal and Health Education (SPHE).
Developing Citizenship is a core element of this
mandatory subject, from infant classes through to
completion of primary education.
163. 146. In addition to the above, the Department of
Education and Skills has worked with a wide range of
stakeholders on a Cross Border Primary Human Rights
Education Initiative (LIFT OFF) with Northern Ireland. The
project is a joint initiative of Amnesty International UK and
Irish Sections; the Irish National Teachers Organisation
(INTO); the Ulster Teachers Union and Education
International and comprises representatives of the
Departments of Education and the curriculum bodies both
north and south of the border. The primary aim of this
initiative is supporting the development of a human rights
culture on the island of Ireland by supporting the
mainstreaming of Human Rights Education in the primary
education systems of Northern Ireland and Ireland.
164. 147. At post-primary level knowledge of human
rights can also be developed in a range of contexts across
the curriculum. Most commonly it features in SPHE,
History, Geography, Business Studies and Civic, Social and
Political Education (CSPE). CSPE is currently an
examination subject and part of the core curriculum at
post primary schools. It aims to instil in students
understanding of seven key concepts viz. democracy;
rights and responsibilities; human dignity;
interdependence; development; law and stewardship.
165. 148. In the new Framework for Junior Cycle,
published in October 2012, the learning at the core of
junior cycle is described in 24 Statements of Learning. One
of these provides that all students in the end of Junior
Cycle should value what it means to be an active citizen,
with rights and responsibilities in local and wider
contexts. In addition, one of the principles of the
Framework is Inclusive Education, whilst the key skill of
Working with Others will address conflict, co-operation,
respecting difference and contributing to make the world a
better place. All these elements are key skills in the
context of our understanding and awareness of human
rights. The new Framework will be introduced on a phased
basis from September 2014. A new short course in CSPE
will be available to schools from September 2014.
166. 149. A new Action Plan on Bullying was launched in
January 2013 by the Minister for Education and Skills and
the Minister for Children and Youth Affairs. The Plan sets
out twelve actions to help prevent and tackle bullying in
primary and second level schools. It also aims to promote
respect for diversity and inclusiveness in Irish schools and
communities.
167. 150. Delivering Equality of Opportunity in Schools
(DEIS) is the action plan for educational inclusion. DEIS is
designed to ensure that the most disadvantaged schools
benefit from a comprehensive package of supports. DEIS is
one element of a continuum of interventions to address
disadvantage for the primary and the post primary
sectors. There are also second-chance education and
training and access measures for adults to support
increased participation in education and training by under-
represented groups in society.
Higher Education
168. 151. Within higher education, a wide range of
programmes is provided that pertain to human rights.
While the study of human rights forms an important
component of courses in law, politics, and international
relations, it also features in courses across a wide range of
disciplines, including sociology, psychology, health
sciences, education, and gender studies. There are two
dedicated research centres for human rights in Ireland: the
Centre for Criminal Justice and Human Rights at University
College Cork (UCC), and the Irish Centre for Human Rights
at the National University of Ireland, Galway (NUIG), in
addition to which a number of centres in Irish higher
education institutions have a strong human rights focus,
including Trinity College Dublin (TCD)s Centre for Post-
Conflict Justice and University College Dublin (UCD)s
Equality Studies Centre.
169. 152. It is incumbent on higher education institutions
to uphold and protect the human rights of students and
staff. Under the Equality Act 2004, the Equal Status Act
2000, and the Disability Act 2005, higher education
providers are required to prevent discrimination against
students and staff and to accommodate the needs of
those with disabilities. All institutions have in place
policies and procedures for addressing complaints about
bullying and harassment, as well as codes of conduct and
ethics policies. Support services in higher education
institutions include disability, counselling, and health
services, as well as online information services and
pastoral care provided to students by personal tutors.
170. 153. There is a range of initiatives and supports that
aim to ensure equity of access to higher education for all
citizens, including those from disadvantaged backgrounds
and minority groups. In 2003 the National Office for Equity
of Access to Higher Education was established within the
Higher Education Authority (HEA) to facilitate access to
higher education for under-represented groups; and the
National Office administers the European Social Fund
(ESF)-aided Fund for Students with Disabilities to
institutions for the provision of disability support services,
as well as the Student Assistance Fund for those
experiencing financial hardship. The National Plan for
Equity of Access to Higher Education 20082013
articulates a national commitment to equality of access to
higher education and sets out targets for fulfilling this.
171. 154. In support of this national commitment the HEA
has funded a wealth of access initiatives through the
Strategic Innovation Fund (SIF), including the reform and
mainstreaming of the Higher Education Access Route
(HEAR) ; and the Disability Access Route to Education
(DARE) ; which offer access to higher education courses
with a reduced point-score in the Leaving Certificate
examination for students from socio-economically
disadvantaged backgrounds and for those with a disability
respectively. Many higher education institutions have
established programmes to widen access, including for
example Dublin Institute of Technology (DIT)s Community
Links Programme, which supports educationally
disadvantaged children and adults to access higher
education; Dublin City Universitys DCU in the
Community initiative, which provides a drop-in centre to
promote educational opportunities to the local community;
and TCDs Trinity Access Programmes (TAP).
172. 155. Higher education institutions in Ireland are
active in promoting active citizenship among students and
staff. NUIG is a leader in this regard, with civic
engagement embedded into its Strategic Plan 20092014.
Since its establishment in 2001, NUIGs Community
Knowledge Initiative (CKI) has actively promoted civic
engagement, hosting the ALIVE student volunteering
programme, embedding service-learning into degree
programmes, and supporting collaborative research and
knowledge-exchange with community partners. DCUs
annual Presidents Award for Engagement celebrates the
engagement of staff and students in the life of the wider
community; and TCDs Voluntary Tuition Programme (VTP)
enables Trinity students to mentor children and teenagers
in the local communities of Pearse Street and Ringsend.
The NUIG-led, SIF-funded Campus Engage Network has
enhanced the provision of service-learning, community-
based learning, and volunteering opportunities for
students, as well as the promotion of active citizenship
across Irish universities.
173. 156. While acknowledging the achievements of the
sector to date in supporting civic engagement, the
National Strategy for Higher Education to 2030 calls for
higher education institutions to become more firmly
embedded in the social and economic contexts of the
communities they live in and serve, and to this end the
HEA is supporting the broadening of the Campus Engage
Network into a national platform for civic engagement. In
addition, the performance evaluation framework for the
sector that the HEA is developing will support the strategic
development of higher education institutions engagement
missions.
Role of Civil Society and Non-Governmental
Organisations
174. 157. Ireland has a strong and active NGO community
who play a central role in human rights education. They
provide vital information to Government about human
rights issues which affect people at the grassroots level,
through specific Government forums with NGOs as well as
on a more general level. At the same time, they serve to
educate the public about the human rights programmes
and protection available to them. Consultation with NGOs
forms a central part of the human rights reporting
mechanism.
Promotion of Human Rights Internationally and
in the context of Development Cooperation and Assistance
175. 158. The promotion and protection of human rights
and fundamental freedoms has always been a cornerstone
of Irish foreign policy. Ireland has a strong record of
providing assistance to developing countries to address
poverty, vulnerability and marginalisation. Ireland focuses
on developing the institutions and capacity within
developing countries to do this themselves, guided by the
Millennium Development Goals. Irelands official aid
programme, Irish Aid, is an integral part of the
Department of Foreign Affairs and Trade. It continues to
rank among the best in the world due to its poverty focus
and Irelands continued efforts to maintain its significant
aid budget despite current economic difficulties. In 2012,
Ireland provided 0.48% of GNI for ODA. The Programme for
Government (March 2011) has confirmed the commitment
to the 0.7% of GNP target for ODA and this commitment
was re-affirmed in Irelands new Policy for International
Development One World, One Future, which was
launched in May 2013.
176. 159. Ireland recognises that the enjoyment of all
human rights civil, cultural, economic, political and social
is essential for development. Equally, development is
essential to enable the full enjoyment of those rights.
Under the new development policy, Ireland is committed
to further strengthening its support to human rights
including by identifying human rights and accountability
as a priority area for action for the aid programme, by
identifying commitment to human rights as a criteria upon
which Irish Aid Key Partner Countries shall be chosen and
by placing greater emphasis on supporting gender
equality and the rights of persons with disabilities. Irish
Aid supports human rights work in a number of important
ways. Expenditure on governance and civil society, for
example, amounts to around 15% of our total budget,
much higher than the OECD average. Support is also
provided to the Office of the High Commissioner for
Human Rights, and other human rights initiatives. Through
Irish Aid, Ireland provides funding to a wide range of NGOs
working on human rights issues and supports national
human rights commissions in a number of developing
countries.
D. Reporting process at the national level
177. 160. The following table shows the lead Government
department with responsibility for coordinating the
reporting process under the principal UN human rights
instruments.
UN Instrument Lead Government Department
ICCPR Human Rights Unit, Department of Foreign
Affairs and Trade
ICESCR Human Rights Unit, Department of Foreign
Affairs and Trade
CAT Prisons Policy section, Department of Justice and
Equality
CEDAW Gender Equality Unit, Department of Justice and
Equality
CRC Policy, Strategy Development and Business Support
Unit, Department of Children and Youth Affairs
CERD Office for the Promotion of Migrant Integration,
Department of Justice and Equality
178.
179. 161. The initial drafting process for all of Irelands
human rights reports involves inter-departmental
meetings with all relevant government departments.
Extensive consultation with civil society is carried out at
various stages of the drafting process. The Irish Human
Rights Commission is also invited to consult on the
reports, and its successor body will also be invited to do so
upon its establishment.
180. 162. The Government of Ireland recognizes the
important role played by non-government organisations
(NGOs) in promoting and implementing the rights set out
in the treaties, and usual practice in the preparation of
national reports includes consultations with a broad range
of relevant NGOs.
E. Other related human rights information
181. 163. Ireland underwent its first review under the
United Nations Universal Periodic Review (UPR) process in
October 2011 and submitted an Addendum to the Report
of the Working Group to the UN in March 2012. Of the 127
recommendations made by UN member states, Ireland
accepted 91, partially accepted 17 and declined 19.
Ireland has undertaken to carry out a voluntary mid-term
report on progress with regard to the accepted
recommendations early in 2014.
III. Information about non-discrimination and
equality and effective remedies
182. 164. Ireland is already to the fore in its promotion
and protection of the principles of equality and freedom
from discrimination. There is a suite of equality legislation
in place designed to ensure equality for all. The primary
legislation is set out in the table below:
o Bunreacht na hireann (Constitution of Ireland) -
Article 40.1, Article 40.3.1, Article 40.3.2, and Article
44.2.3
o Unfair Dismissals Acts 19772007
o Ombudsman Act 1980
o Prohibition of Incitement to Hatred Act 1989
o Pensions Act 1990
o Maternity Protection Act 1994
o Adoptive Leave Act 1995
o Civil Legal Aid Act 1995
o Parental Leave Act 1998
o Employment Equality Act 1998
o Education Act 1998
o Equal Status Act 2000
o Human Rights Commission Act 2000
o Intoxicating Liquor Act 2003
o Redundancy Payments Act 2003
o Equality Act 2004
o Residential Tenancies Act 2004
o Social Welfare (Miscellaneous Provisions) Act 2004
o Public Service Management (Recruitment and
Appointments) Act 2004
o Protection of Employment (Exceptional Collective
Redundancies and Related Matters) Act 2007
o Civil Law (Miscellaneous Provisions) Act 2008 Part 16
o Merchant Shipping Act 2010
o Civil Partnership and Certain Rights and Obligations
of Cohabitants Act 2010
o Civil Law (Miscellaneous Provisions) Act 2011
o Ministers and Secretaries (Amendment) Act 2011
o Protection of Employees (Temporary Agency Work)
Act 2012
o Equal Status (Amendment) Act 2012
o Code of Practice on harassment and sexual
harassment in the workplace, Statutory Instrument No.
208 of 2012.
183. 165. The major pieces of legislation enacted include
the Employment Equality Acts 1998 to 2011 and the Equal
Status Acts 2000 to 2012. This legislation prohibits both
direct and indirect discrimination in the areas of
employment and access to goods and services, including
housing, healthcare and education, on nine grounds;
gender, civil status, family status, sexual orientation,
religion, age, disability, race and membership of the
Traveller community. The Acts also outlaw victimisation,
i.e., discrimination against an individual because he or she
has taken a case or is giving evidence under the equality
legislation, or has opposed by lawful means discrimination
which is prohibited under this legislation.
184. 166. These Acts established the necessary
institutional structures, in the shape of the Equality
Authority and the Equality Tribunal, to ensure effective
implementation of the legislation. Developments in this
infrastructure are set out in paragraphs 101 to 106 above.
185. 167. Recent enhancements to equality legislation
include the following:
Following the introduction of registered civil
partnership for same-sex couples, the protection from
discrimination on the basis of marital status was extended
to cover registered partnership, and the ground renamed
as civil status;
The maximum compensation that may be awarded in
cases of discrimination in the field of employment was
increased, to provide for enhanced redress for workers on
low pay.
186. 168. These Acts also give effect in domestic law to
Irelands obligations as a member of the European Union
to implement Community initiatives provided for under
Council Directives 2000/43/EC, 2000/78/EC, and
2004/113/EC adopted under Article 13 of the EC Treaty,
and Council Directives 2002/73/EC and 2006/54/EC
adopted under Article 141 of the Treaty. The directives,
commonly known as the equality directives, provide for
equal treatment on the grounds of gender, racial or ethnic
origin, religion or belief, disability, age and sexual
orientation.
187. 169. The overall effect of these directives is to
require member states to prohibit direct discrimination,
indirect discrimination and harassment on grounds of
gender, racial or ethnic origin, religion or belief, disability,
age, and sexual orientation in regard to employment, self-
employment or occupational and vocational training.
Sexual harassment and victimisation are also prohibited.
Discrimination on the race and gender grounds in access
to and the supply of goods and services is prohibited
under directives 2000/43/EC and 2004/113/EC, while
directive 2000/43/EC also prohibits race discrimination in
the areas of social protection, social advantages and
education.
Equality Mainstreaming
188. 170. Government procedures require all substantive
proposals submitted to Cabinet to take account of the
impact on gender equality, on persons with disabilities,
and on vulnerable groups.
189. 171. The Equality Authority has developed a series of
tools for use by Government Departments, local
authorities, public service providers and others in proofing
their policies to avoid unanticipated negative impact on
any category of persons protected by equality legislation,
to ensure policy coherence and best use of resources. The
Equality Authority has also distilled its learning over recent
years in an Equality Benefits Tool. This publication, which
is applicable to both the public and private sector, outlines
how investing in equality brings benefits and incorporates
a series of equality tools with a focus on service provision
(equal status policy / equal status review, equality
screening, equality impact assessment). Good practice is
disseminated and technical assistance provided through
initiatives such as the Public Service Equality Learning
Network.
190. 172. Commencing in 2007, the Equality Authority has
set up a specialist Equality Mainstreaming Unit, as one of
the initiatives set up under the Human Capital Investment
Operational Programme (HCI-OP) 2007-2013. The HCI-OP
is a 1.36 billion plan funded by the European Social Fund
that addresses Ireland's labour market and human capital
development needs for the period 2007-2013. The main
objective of the Equality Mainstreaming Unit is to
contribute to addressing labour market gaps in Ireland for
specific groups that are experiencing barriers in accessing
and participating in the labour market, including those
created by gender inequality and wider inequalities. The
programme consists of a set of measures that seek to
improve labour market access and participation of groups
experiencing inequality across the nine grounds covered
by the equality legislation in Ireland.
191. 173. Government legislative proposals to establish a
new Irish Human Rights and Equality Commission (IHREC)
also include the introduction of an express duty on public
bodies to have due regard to human rights and equality in
carrying out their functions. It is intended that a public
body will be obliged to formally consider human rights and
equality issues relevant to its work, to set out its
consideration of relevant issues in its Strategic Plan and to
report on relevant issues and events in its annual report.
Support and guidance will be available from IHREC.
Further details are given at para 110.
Initiatives to Foster Gender Equality
192. 174. The National Womens Strategy (NWS) 2007
2016 is an all-of-Government strategy which was launched
by the then Taoiseach in April 2007. Its preparation was
undertaken by a cross-Departmental Committee steered
by the then Department of Justice, Equality and Law
Reform, pursuant to the Governments commitments
under the Beijing Platform for Action. The preparatory
phase included extensive consultation with civil society.
193. 175. The NWS has as its vision: An Ireland where all
women enjoy equality with men and can achieve their full
potential, while enjoying a safe and fulfilling life. The
Strategy, which contains 20 key objectives and over 200
actions, has three principal sub-themes: to equalise socio-
economic opportunity for women; to ensure their well-
being and to engage women as equal and active citizens.
194. 176. Theme One aims to Equalise Socio-Economic
Opportunity for Women and contains ten objectives/ sub-
objectives as follows:
EQUALISING SOCIO-ECONOMIC OPPORTUNITY FOR WOMEN
1. A. To increase the participation of women in the labour
force
1. B To decrease the gender pay gap
2. To promote the advancement of women in the labour
market
3. To support more women as entrepreneurs
4. To seek to ensure that women and girls achieve their
full potential in the education system
5-A To ensure that childcare services are optimised to
meet the needs of parents and children alike
5-B To ensure that the care infrastructure supports
womens socio-economic engagement
6-A To reduce the numbers of women experiencing
poverty
6-B To reduce the numbers of female lone parent who
experience poverty
6-C To reduce the numbers of women experiencing
poverty by increasing pension cover
195.
196. 177. Theme Two which aims to Ensure the Wellbeing
of Women contains eleven objectives/ sub-objectives as
follows:
ENSURING THE WELLBEING OF WOMEN
7. To enhance the work/life balance for women
8-A To improve the health status of women in Ireland
through gender focused policies
8-B To improve the physical health status of women
in Ireland
8-C To improve the reproductive and sexual health status
of women in Ireland
8-D To improve the mental health status of women in
Ireland
8-E To promote healthy lifestyles for the women in
Ireland
9 To increase the number of women participating in
sport and physical activity in Ireland
10. To ensure the health and safety of pregnant and
breast feeding women at work
11. To protect women from bullying and harassment
in the workplace
12. To combat violence against women through improved
services for victims together with effective prevention and
prosecution
13. To address the issue of trafficking of women and
children
197.
198. 178. Theme Three aims to Engage Women As Equal
and Active Citizens and contains seven objectives/ sub-
objectives as follows:
ENGAGING AS EQUAL AND ACTIVE CITIZENS
14. To increase the number of women in decision-
making positions in Ireland
15. To increase the number of women involved in
the arts in Ireland
16. To use media proactively to support gender
equality and the advancement of women
17-A. To foster the advancement of UN Millennium
Development Goals through Irish Aid
17-B. To use multi-lateral aid and development policy
to promote the role of women and gender equality in
developing countries
17-C. To enhance the capacity of Irish Aid and
Development Partners to respond effectively to Gender
Based Violence in conflict, post-conflict and developing
environments
17-D. To ensure the integration of gender perspectives
into all parts of the United Nations System
199.
200. 179. The Strategy also contains actions which will
contribute to its implementation and to a greater
awareness of gender equality issues in relation to policy
making across all Government activities.
201. 180. Implementation of the Strategy is being
overseen by an Inter-Departmental Committee chaired by
Department of Justice, Equality and Law Reform and by
the National Womens Strategy Monitoring Committee
which includes the social partners and is chaired by the
Minister of State with responsibility for Disability, Equality,
Mental Health an Older People.
Equality for Women measure (EWM)
202. 181. The Equality for Women Measure (EWM) is a
positive action programme for women, which aims to
foster gender equality through a range of projects
delivered in the main by locally based community groups.
The EWM receives European Social Funding (ESF) support
under the Human Capital Investment Operational
programme and Exchequer matching funds. The
objectives of the Measure (comprising of three strands)
were to make funding available to projects to support
positive actions which: improve womens access to
education, training and personal development in
preparation for employment; support women who are
undertaking entrepreneurial activity; and support womens
advancement in their employment.
203. 182. The economic downturn has limited the
availability of Exchequer match funding to support the
Equality for Women Measure and as a result the coverage
was more limited than originally envisaged. In the early
years, funding was provided to some 40 community
groups, However, in 2013, it has been necessary to curtail
coverage to 25 projects which work with women currently
outside the labour market and with two further
entrepreneurial projects which have been funded annually
with considerable success.
204. 183. The EWM has facilitated a total of 11,350
women since 2009 to engage in development
opportunities, which enables them to return to
employment, or to mainstream education and training
opportunities.
205. 184. In 2012, for example, EWM activity statistics
reveal that:
A total of 1,964 women participated in Labour Market
Activation courses (EWM Strand 1);
A total of 566 participants (28.8%) in EWM Strand 1
moved to employment or advanced to another
education/training programme in 2012;
1,069 women participated in training for
entrepreneurship delivered by community groups, with a
total of 197 women (18.4%) moving to early stage
entrepreneurship in 2012.
Cosc, the National Office for the Prevention of
Domestic, Sexual and Gender-based Violence
206. 185. Cosc, the National Office for the Prevention of
Domestic, Sexual and Gender-based Violence was
established by the Irish Government in June 2007 to help
co-ordinate the State's response to domestic, sexual, and
gender-based violence, all of which affect women
disproportionately. The National Strategy on Domestic,
Sexual and Gender-based Violence 2010-2014 sets out a
comprehensive range of actions to address both the
primary interventions of prevention, recognising and
understanding of this violence and also secondary
interventions in the areas of reporting, referring and
ensuring the appropriate responses to acts of violence
National Womens Council of Ireland
207. 186. Founded in 1973, the National Womens Council
of Ireland is the leading national womens membership
organisation in Ireland. NWCI seeks full equality between
men and women. NWCI represents and derives its
mandate to articulate the views and experiences of their
members and make sure their voices are heard wherever
decisions are made which affect the lives of women in all
their diversity from their membership, which includes 165
member groups from a diversity of backgrounds, sectors
and locations. Full membership is open to organisations
who have a minimum of 10 individual members who agree
with the vision, mission and values of NWCI and in the
course of their own work demonstrably seek to progress
equality for women in Ireland (through direct services,
policy, advocacy, or other stated means). Organisations
must have been in existence for at least a year prior to
applying for membership.
208. 187. The Irish Exchequer continues to support the
core funding of the NWCI. The NWCI is an umbrella body
which groups together approximately 150 NGOs
representative of womens interests and concerns. It is
recognized by Government as a key body which puts
forward womens concerns and perspectives. It receives
almost all its core funding from the Government. In 2013,
this will amount to 300,000. While it is independent of
Government on policy issues, answerable only to its own
elected executive committee and members, its
Government funding stems from a recommendation to the
then Government made in 1992 that the NWCI: provide
womens organisations at local regional and national level
with a forum in which womens views, opinions,
experience and perspectives can be shared and
developed; through its work at national level, the NWCI
bring such views and perspectives to bear on policy and
decision-making, while at the same time encourage and
support the work of its affiliates and other women's groups
to work locally and regionally; and develop leadership and
developmental programmes for women's groups around
the country.
209. 188. In addition to its developmental role, it is
recognised as an informed and constructive contributor to
the implementation and review of policy initiatives and its
leaders interact frequently with senior politicians and
policy makers.
Womens representation on State Boards
210. 189. The Programme for the Government for National
Recovery 2011-2016 restates a 1993 Government
commitment to take steps to ensure that all State Boards
have at least 40% of each gender. This commitment had
been incorporated into the National Womens Strategy
2007-2016 and links with key aims of both the European
Union and the United Nations in relation to the
involvement of women in decision-making roles.
211. 190. In April 2011, the Government agreed that
future vacancies on State Boards be advertised on the
website of the relevant Government Department and that
the public advertisements inviting applications would
contain the following line: In considering applications due
regard will be given to Government policy on gender
balance on State boards.
212. 191. Progress on State Boards is monitored annually.
Composite data on womens participation on State Boards
in recent years indicates that about 34% of places on
Boards were held by women, which is an improvement on
the reported figure of 29% in June 2002. However,
progress towards the achievement of the gender target
has been slow and significant deviations continue to
persist between government departments. A pattern has
emerged over the years, with significant numbers of
women present on boards with a caring focus and fewer
on the boards of bodies with an economic or business
focus.
213. 192. The following are the key statistics in relation to
membership of State Boards serving on 31 December
2011:
Women's participation rate on State Boards in 2011
was 33.9% (similar to 2009), marking a marginal reduction
from the 2010 rate of 34.67%; and
214. The gender breakdown of chairpersons of State
Boards was 79% men and almost 21% women in 2011.
This represents an increase of just over 1% for female
Chairpersons since end 2010
General information regarding the human rights
situation of persons belonging to specific vulnerable
groups in the population
Persons with disabilities
215. 193. Informed by the recommendations of the report
of the Commission on the Status of People with
Disabilities, there have been significant developments in
the disability sector in Ireland.
216. 194. In June 2000, the Government launched the
mainstreaming initiative which required public bodies,
where possible, to integrate services as far as possible for
people with disabilities with those for other citizens.
217. 195. The National Disability Authority (NDA) was
established by statute in June 2000 to develop and
monitor standards in services for people with disabilities
and to advise on disability policy and practice. The NDA is
funded by the Government.
218. 196. The Comhairle Act 2000 established Comhairle
as a mainstream information provider funded by the
Department of Social and Family Affairs. The agency has a
statutory commitment to assist and support people,
particularly those with disabilities, in identifying and
understanding their needs and options and in accessing
their entitlements to social services. The Citizens
Information Act 2007 amended the Comhairle Act 2000 to
change the name of Comhairle to the Citizens Information
Board. The Social Welfare (Miscellaneous Provisions) Act
2008 further extended the remit of the Citizens
Information Board to include the Money Advice and
Budgeting Service. Total funding provided to the Citizens
Information Board has increased from 44.986 million in
2010 to 47.540 million in 2013.
219. 197. In November 2011, the Minister for Disability,
Equality, Mental Health and Older People appointed a new
group to assist her in the implementation of the National
Disability Strategy, which was launched in 2004 and
continues to be the focus of Government policy for the
sector. This new group is the National Disability Strategy
Implementation Group (comprising of eleven Government
Departments; the City and County Managers Association;
the national Disability Authority; and the National
Disability Stakeholder group). A National Disability
Strategy implementation plan was published in July 2013.
The plan includes formal monitoring procedures.
220. 198. These initiatives are additional to Irelands anti-
discrimination legislative framework and other anti-
discrimination initiatives.
221. 199. The key elements of the Strategy are:
222. a. The Disability Act, 2005;
223. b. The Citizens Information Act 2007, which
equips the Citizens Information Board (formerly
Comhairle) to provide a personal advocacy service for
people with disabilities;
224. c. the Education for Persons with Special
Educational Needs Act, 2004;
225. d. sectoral plans prepared by six Government
Departments.
226. 200. The Disability Act, 2005 is a cross-cutting piece
of legislation and is a positive action measure designed to
support the provision of disability-specific services to
people with disabilities and to improve access to
mainstream public services for people with disabilities. In
drafting this legislation, the Government facilitated
extensive consultation nationally. Compliance with the
Disability Act is a statutory requirement for all
Government Departments.
227. 201. The Disability Act, 2005 puts on a statutory
footing a wide variety of positive action measures to
improve the position of persons with disabilities in Irish
society including:
228. a. An independent assessment of individual
health service needs (and education where appropriate)
and a related Service Statement outlining services to be
provided with access to independent complaints, appeals
and enforcement;
229. b. A duty to make public buildings and
services accessible, a requirement for six key Government
Departments to publish sectoral service delivery plans and
a related complaints mechanism with access to the
Ombudsman;
230. c. An obligation on public bodies to be
proactive in employing persons with disabilities. Part 5 of
the Act provides for a statutory target, currently set at 3%,
for the recruitment and employment of people with
disabilities in the public sector. Public bodies are required
to submit annual reports to monitoring committees on
their compliance with the target.
231. d. Restriction in the use of genetic testing
information for employment and insurance purposes; and
232. e. The establishment of a Centre of
Excellence in Universal Design (CEUD). The CEUD was
established in the NDA in early 2007 under Part 6 of the
Act. Universal design refers to the design and
composition of an environment so that it can be accessed,
understood and used to the greatest extent possible by
people regardless of their age, size or disability. The
mission of the CEUD is to promote the development of
that environment.
233. 202. A significant number of sections of the
Education for Persons with Special Educational Needs
(EPSEN) Act have been commenced, principally those
establishing the National Council for Special Education
(NCSE) and those promoting an inclusive approach to the
education of children with special educational needs. The
remaining sections of the Act have yet to be commenced.
The Government will develop a plan to implement the
objectives of the EPSEN Act so as to deliver improved
educational outcomes for students with special needs.
234. 203. It is the Government of Irelands intention to
ratify the Convention on the Rights of Persons with
Disabilities as quickly as possible, taking into account the
need to ensure that all necessary legislative and
administrative requirements under the Convention are
being met. Ireland does not become party to treaties until
it is first in a position to comply with the obligations
imposed by the treaty in question, including by amending
domestic law as necessary.
235. 204. The ongoing implementation of Irelands
National Disability Strategy in many respects
comprehends many of the provisions of the Convention. In
addition, an inter-departmental committee on the
Convention monitors the remaining legislative and
administrative actions required to enable ratification. The
committee has identified as part of its work programme,
issues to be considered by various Government
Departments and this work is ongoing in all Departments.
At the Committee's request, the National Disability
Authority, the lead statutory agency for the sector, is
assisting the committee to assess the remaining
requirements for ratification so as to ensure conclusively
that all such issues will be addressed.
236. 205. One of the key requirements in this regard is the
enactment of capacity legislation. The Programme for
Government contains a commitment to introduce a Bill
that is in line with the Convention. The Bill, which was
published in July 2013, is based upon the principles
enshrined in the Convention on supporting people with
impaired capacity in making decisions and exercising their
basic rights. The revised title of the Bill, The Assisted
Decision - Making (Capacity) Bill, reflects this approach.
Members of the Traveller Community
237. 206. The term Traveller in relation to
accommodation refers to Irish Travellers as defined in the
Equal Status Act 2000:
238. Traveller community means the community of
people who are commonly called Travellers and who are
identified (both by themselves and others) as people with
a shared history, culture and traditions including,
historically, a nomadic way of life on the island of Ireland."
239. 207. In a range of legislative, administrative and
institutional provisions, the Government has recognised
the special position of Irelands Traveller community in
addition to Equality legislation these include laws to
provide for Traveller accommodation by local authorities
and specific Traveller strategies, developed with the input
of Traveller organisations, in relation to Health, Education
and Accommodation.
240. 208. Travellers in Ireland have the same civil and
political rights as other citizens under the Constitution.
The key anti-discrimination measures, the Prohibition of
Incitement to Hatred Act, 1989, the Unfair Dismissals Acts
1977, the Employment Equality Acts and the Equal Status
Acts specifically identify Travellers by name as a group
protected. The Equality Act 2004, which transposed the EU
Racial Equality Directive, applied all the protections of that
Directive across all of the nine grounds contained in the
legislation, including the Traveller community ground. All
the protections afforded to ethnic minorities in EU
directives and international conventions apply to Travellers
because the Irish legislation giving effect to those
international instruments explicitly protects Travellers.
241. 209. The Government is committed to challenging
discrimination against Travellers and has defined
membership of the Traveller community as a separate
ground on which it is unlawful to discriminate under
equality legislation. This was not meant to provide a lesser
level of protection to Travellers compared to that afforded
to members of ethnic minorities. On the contrary, the
separate identification of Travellers in equality legislation
guarantees that they are explicitly protected.
Traveller ethnicity
242. 210. During the course of the examination by a
working group of the UN Human Rights Council of Ireland's
report to that Council, prepared under the Universal
Periodic Review procedures of the Council, the Minister for
Justice and Equality, Mr Alan Shatter was asked, among
many other matters, about the position of Travellers in
Irish society. One delegation specifically recommended
that Ireland should recognise Travellers as an ethnic
minority while other interventions were of a more general
nature. The Minister replied that serious consideration is
being given to granting such recognition. This
consideration is ongoing.
High Level Group on Traveller Issues
243. 211. In December 2003 at the request of an
Taoiseach, a High Level Group on Traveller issues was
established under the aegis of the Cabinet Committee on
Social Inclusion. Its remit, to ensure that the relevant
statutory agencies involved in providing for the delivery of
Traveller-specific services, would focus on improving
outcomes based on the integrated delivery of services at
local level. The Group issued a report to Government in
March 2006.
244. 212. The Report of the High Level Group on Traveller
Issues was approved by the Government in March 2006. A
key aspect of the approach recommended by the High
Level Group is developing effective coordination of actions
among agencies operating under the 34 County and City
Development Boards (CDBs), coupled with effective
consultation with Travellers and their representatives.
Since 2006 Traveller Interagency Groups (TIGs) have been
established under each CDB to coordinate the efforts of
state agencies and other stakeholders.
National Agreements and Plans
245. 213. The Programme for Government 2011-2016
highlights the need to improve the delivery of services to
Travellers. The National Reform Programme for Ireland
under the Europe 2020 Strategy lists Travellers among
Irelands most vulnerable groups and states that targeted
social inclusion programmes will be aimed at them. The
national social partnership agreement between the
Government and the social partners, Towards 2016,
published in 2006 committed to concentrated attention to
achieving greater progress for Travellers and also led to
the establishment of the National Traveller Monitoring and
Advisory Committee (NTMAC) in 2007. NTMAC comprises
representatives of Traveller groups and Government
Departments with an independent Chair. National social
partnership no longer exists but there is regular dialogue
between Ministers and their Departments and sectoral
interests. The Governments National Action Plan on Social
Inclusion 2007-2016 contains a range of targets and
actions to improve Traveller life experience through the
provision of appropriate education, health and housing
services and to remove any remaining barriers to the full
participation of members of the Traveller community in the
work and social life of the country.
Travellers in Education
246. 214. Mainstreaming is one of the ten key components
highlighted in the Intercultural Education Strategy for Irish
education. Historically, for example, many Traveller
children and children with special needs were educated in
segregated settings. The Report and Recommendations for
a Traveller Education Strategy (2006) covers all aspects of
Traveller Education from pre-school right through to
further and higher education within a lifelong learning
context. The core principle of the report is one of inclusion
with an emphasis on equality and diversity and the
adoption of an intercultural approach. The principle of
individual educational need rather than Traveller
identity will underpin future actions including allocation
of resources. The Department's aim is to prioritise
available resources to maximum effect across the
education sector to enhance educational outcomes for all
children and adults including Travellers. In the context of
the Programme for Government: Government for National
Recovery 2011-2016 and in keeping with the report, the
Government has taken a decision to provide educational
teaching supports to Traveller students on the same basis
as other students in schools. Additional tuition is provided
through the existing learning support provision in schools.
247. 215. The Survey of Traveller Education Provision in
Irish Schools (2006) found, inter alia, that the majority of
Traveller children in primary and post-primary school are
not achieving at a level equal to their peers in the settled
community. Accordingly, while integrated provision is
provided in primary and post-primary schools where
Travellers participate on an equal basis with other service
users. In some cases, however, positive actions are
needed as a short term measure to enable Traveller
students to gain the skills and competence on a par with
their settled peers so that they can participate equally in
mainstream education, training or employment. In order to
assist schools with high concentrations of Traveller pupils,
following the withdrawal of the resource teaching posts for
Travellers, limited alleviation or adjustment measures are
being provided. Furthermore, Traveller enrolments have
been included in the valid enrolment for the purpose of
allocating additional staffing under DEIS from the 2011/12
school year and under the revised General Allocation
Model for high incidence special educational needs from
the 2011/12 school year.
248. 216. The Department of Education and Skills has
established a Traveller Implementation Group which is
overseeing the implementation of the recommendations in
the report. The Traveller Education Strategy Advisory &
Consultative Forum continues to identify issues, including
obstacles, to the implementation of recommendations of
the Traveller Education Strategy, examining appropriate
responses to issues identified and reports to the
Department's Traveller Strategy Implementation Group to
highlight key issues of concern.
Traveller Accommodation
249. 217. Government policy in relation to the
accommodation of Travellers is implemented through the
Housing (Traveller Accommodation) Act 1998. All relevant
local authorities are obliged, under the Act, to adopt and
implement multi-annual Traveller accommodation
programmes, with the aim of improving the rate of
provision of accommodation for Travellers. The first round
of Traveller accommodation programmes covered the
period 2000 to 2004. The second programmes covered the
four-year period 2005 to 2008. In early 2009 local
authorities adopted a third round of accommodation
programmes which will cover the period 2009 to 2013. A
fourth round is due to commence in 2014 and it is
expected that the next round of Traveller Accommodation
Programmes will run from 1 January 2014 to 31 December
2018.
250. 218. The Housing (Traveller Accommodation) Act
1998, places a strong emphasis on consultation with all
parties concerned. Traveller accommodation programmes
are required to be prepared in consultation with other
public authorities, community and other bodies, Travellers,
via the local consultative committee, and the public in
general. Travellers participate on advisory committees
concerning Traveller accommodation at both national and
regional level through the National Traveller
Accommodation Consultative Committee and Local
Traveller Accommodation Consultative Committee.
251. 219. Significant funding has been made available for
the provision of Traveller-specific accommodation. In the
period covered by the first programmes (2000 to 2004),
130 million was expended on such accommodation (new
and refurbished). In the period covered by the second
programme (2005 to 2008), an additional 142.55 million
was spent on the provision of Traveller specific
accommodation. 49.026 million has been spent in the
period 2009 2012. The third programme is due to expire
at the end of 2013. Accommodation expenditure for
Travellers availing of standard local authority
accommodation is provided separately through the
Department of Environment, Community and Local
Governments Social Housing Division. Any eligible person
in the State may apply to their local authority for standard
local authority housing. Standard housing is allocated by
local authorities on the basis of a scheme of letting
priorities and Travellers have the same access to standard
housing as the general population.
252. 220. There has been a significant increase in the
number of families living in private rented accommodation
demonstrating that the private rental market has become
much more open to Traveller tenants. A considerable
majority (95 %) of the 2,829 families recorded as living in
private rented accommodation receive assistance in
meeting their accommodation costs either through the
payment of rent supplement (by the Department of Social
Protection) or through the Rental Accommodation Scheme.
With the number of families accommodated using the
Rental Accommodation Scheme continually increasing,
private rented accommodation has become a viable and
more secure long term accommodation option. Travellers
living in private rented accommodation remain on their
local authority housing list and are offered permanent
accommodation in line with their needs assessment and
the local authoritys allocation scheme.
253. 221. In 2014, the local authorities will be required to
adopt new Traveller Accommodation Programmes.
Relevant housing authorities will commence the process of
identifying the accommodation needs of Traveller families
to be met under the new programmes. This must relate to
the existing accommodation needs and need that will
arise during the period of the programmes across a range
of accommodation options including standard and group
housing, permanent residential sites for caravans and
transient sites provided directly by the housing authority
or by approved housing bodies or individuals, with or
without the assistance of the housing authority. Each
programme will contain annual targets and local authority
performance is monitored, through annual progress
reports, by the Department of Environment, Community
and Local Government and the National Traveller
Accommodation Consultative Committee.
254. 222. Travellers are free to express a preference for
either Traveller specific accommodation or general social
housing under the mandatory social housing assessment
process carried out by Local Authorities. Local Authority
Traveller Accommodation Programmes are informed by
this Assessment of Housing Need and show that the vast
majority of Travellers have opted for standard housing or
group housing. It should also be noted that the majority of
Travellers already live in standard housing, either in
standard local authority housing, private rented housing,
in houses provided from their own resources or in private
houses with the assistance of their local authority.
Although some Traveller support groups argue that local
authorities are not providing sufficient halting site
accommodation, the Assessment of Housing Need shows
that the demand for sites has declined considerably. The
Department of Environment, Community and Local
Government has also received a number of requests, from
Traveller residents, for the conversion of existing halting
sites into group housing schemes.
255. 223. Responsibility for the provision of Traveller
accommodation, including transient sites, rests with
individual housing authorities. The Housing (Traveller
Accommodation) Act, 1998 specifically requires local
authorities to have regard to the provision of transient
sites when preparing their Traveller Accommodation
Programmes. In August 2008, the Department of the
Environment, Community and Local Government issued a
memorandum to all local authorities requesting them to
have regard to the need for transient sites in the
preparation, adoption and implementation of their
Traveller Accommodation Programmes for the period
2009-2013. The issue of transient sites was considered by
the third National Traveller Accommodation Consultative
Committee and is also included on the work programme of
the fourth Committee.
256. 224. The fifth National Traveller Accommodation
Consultative Committee is due to be appointed by the
Minister for Housing in 2013. The new committee will run
from 2013 to 2016. Its membership comprises
government officials and Traveller representatives. Its
governing legislation places a strong emphasis on
consultation with all parties concerned. Therefore,
Traveller accommodation programmes must be prepared
in consultation with other public authorities, community
and other bodies, Travellers via their local consultative
committee, and the public in general.
257. 225. Each local authority formed a new Local
Traveller Accommodation Consultative Committee in 2014.
Their membership consists of Travellers and Traveller
support group members, elected members of the local
authority and local authority officials.
Traveller Health Care
258. 226. Traveller health and the provision of health
services for Travellers is a priority for the Department of
Health in partnership with the Health Service Executive,
and considerable work has been undertaken in this area.
Funding allocations for Traveller specific health services
has risen to over 9.5 million per year. A wide range of
specific Traveller dedicated health services, such as
Traveller Health Units and Primary Health Care Projects,
have been developed. Structures have been put in place
to ensure the effective delivery of services.
259. 227. The Traveller Health Advisory Committee (THAC)
advises the Minister for Health on policy in relation to
Traveller health. The Committee comprises of
representatives of the Department of Health, the
Department of Justice and Equality, the Health Service
Executive, Travellers and Traveller organisations. In
addition, Traveller Health Units operate in each Health
Service Executive area. The units comprise
representatives from Health Service Executive
management and Traveller representatives. These units
work in partnership with local Traveller organisations and
the Travelling community. The significant investment in
Traveller health has also allowed for the appointment of
designated Public Health Nurses for Travellers and the roll
out of Primary Health Care for Travellers projects which
established a model for Traveller participation in the
development of health services.
260. 228. Traveller Health A National Strategy 2002-
2005 was developed by the THAC and published in
February 2002 with the aim of improving the health status
of Travellers. Although the life-term of the Strategy has
expired it still guides policy in the area.
261. 229. A key element of the approach taken to provide
targeted health services to Travellers was the
development of a model for Traveller participation in the
development of health services. This was achieved
through the Primary Healthcare for Travellers Projects
which play a key role in the delivery of health services to
Travellers. The Projects are peer led initiatives and play an
invaluable role in delivering measures aimed at improving
the health status of the Traveller community.
262. 230. Travellers, mostly Traveller women, are recruited
from the Traveller community and trained to work as
Community Health Workers in the Projects. This allows
primary health care to be developed based on the
Traveller communitys own values and perceptions so that
positive, long term outcomes can be achieved by enabling
individuals to improve their health through informed
health care, self help and mutual aid. The Projects are
credited with bringing real and substantial benefits to the
Traveller communities where they are located. The
Projects began in 1994 and now there are over 40 projects
involving over 450 participants. The core training modules
for Primary Healthcare for Travellers Projects were
awarded accreditation at FETAC level 3 in 2008.
263. 231. The commitment to Traveller health is also
reflected in the significant resources allocated to the
commissioning of the All Ireland Traveller Health Study,
the findings of which were published on 2 September
2010. It was the first such study of the health status of
Travellers since 1987 and the first that involved Travellers
from both the North and South of Ireland. It was jointly
funded by the Department of Health in Ireland and the
Department of Health, Social Services and Public Safety in
Northern Ireland and supported by the Health Service
Executive.
264. 232. One of the key findings from the study is that
Travellers of all ages continue to have much higher
mortality rates than people in the general population, with
Traveller men now living on average 15 years less than
men in the general population and Traveller women living
on average 11.5 years less than women in the general
population. Deaths from respiratory diseases,
cardiovascular diseases and suicides were more markedly
increased in Travellers compared to the general
population. Among the positive results from the study
were evidence of good access to health services and
improvements in Traveller womens health.
Refugees and Asylum Seekers
265. 233. Irelands asylum system is based on a number
of key principles:
Meeting our obligations under international law such
as the 1951 Convention Relating to the Status of
Refugees;
Ensuring that persons who are found, after a fair and
efficient determination process, not to be in need of
protection are returned to their countries of origin as
quickly as this can be arranged;
Ensuring that we have robust systems in place to
prevent abuse in our protection system by persons who
are entering the State for purposes other than seeking
protection from persecution.
266. 234. The processing of asylum applications and other
applications for leave to remain takes place within a well
defined national and international (1951 Refugee
Convention, EU Directives and Regulations) legal
framework which must be complied with. Accordingly all
applications for refugee status are examined in
accordance with the statutory requirements set out in the
Refugee Act 1996 and the various statutory instruments
governing the processing of applications. Where it is
established that a well-founded fear of persecution exists,
the applicant will be granted refugee status.
267. 235. The Refugee Act, 1996 (as amended) was
commenced in full on 20 November 2000. The Act placed
the procedures for processing applications for refugee
status on a statutory footing and resulted in the
establishment of two independent offices which make
recommendations to the Minister for Justice and Equality
on whether such status should be granted:
a Refugee Applications Commissioner to deal with
applications at first instance;
a Refugee Appeals Tribunal to deal with appeals
against negative recommendations of the Refugee
Applications Commissioner.
268. 236. The scope of the Act is wide-ranging and, as
well as dealing with first instance decisions and appeals,
also covers the right to legal representation and
interpretation and provides specifically for a direct
contribution to be made by the Office of the UN High
Commissioner for Refugees to the asylum determination
process.
269. 237. On 10 October 2006, the European Communities
(Eligibility for Protection) Regulations, 2006 were signed
into domestic law. The Regulations give full effect in Irish
law to the provisions of Council Directive 2004/83/EC on
minimum standards for the qualifications and status of
third country nationals or stateless persons as refugees or
as persons who otherwise need international protection
and the content of the protection granted.
270. 238. On 1 March 2011, the European Communities
(Asylum Procedures) Regulations 2011 and the Refugee
Act 1996 (Asylum Procedures) Regulations 2011, came
into effect for the purpose of giving further effect in Irish
law to the Directive on minimum standards on procedures
in member States for granting and withdrawing refugee
status (Council directive 2005/85/EC: The Asylum
Procedures Directive).
271. 239. The Legal Aid Board operates a specialised
service which provides independent, confidential legal
advice and assistance at all stages of the asylum process
to persons applying for asylum in Ireland. Applicants may
register with the Board at any stage of the asylum process
initial application, appeal stage and, post-asylum, in
relation to matters such as applications for humanitarian
leave to remain.
272. 240. The number of asylum applications received for
each year since 1998 are shown below. It will be noted
that application volumes have dropped year on year since
2002 when volumes peaked at 11,634. The number of
asylum applications received in 2012 was 956 which
represents a 25.9% decrease on the 2011 figure and is the
lowest annual total since 1995.
1998 4,626 2003 7,900 20083,866
1999 7,724 2004 4,766 20092,689
2000 10,938 2005 4,323 20101,939
2001 10,325 2006 4,314 20111,290
2002 11,634 2007 3,985 2012 956
273.
274. 241. At the end December 2012, there were 219
asylum applications on hand in the Office of the Refugee
Applications Commissioner (ORAC) whereas there were
602 appeal cases pending in the Refugee Appeals Tribunal
(RAT).
275. 242. In 2012, the Minister made 1,023 decisions
relating to refugee status. The median processing time
from the date of the initial asylum application at ORAC,
through the appeal stage at RAT, to a final decision by the
Minister was 8.3 months in 2012. Processing times are
determined by a range of factors such as the increasing
complexity of the caseload and sometimes judicial review
proceedings.
276. 243. Persons who are refused asylum enter what is
commonly referred to as the leave to remain process
under Section 3 of the Immigration Act 1999. This is
separate to the asylum or refugee status determination
process.
277. 244. The leave to remain process involves
consideration of applications for subsidiary protection and
other reasons which a failed asylum seeker may present
for remaining in the State. The processing of such cases is
complex and extremely resource intensive and must be
done in strict compliance with the Constitution, together
with relevant international treaties, such as the European
Convention on Human Rights.
278. 245. INIS continues to examine ways to improve
processing and in accordance with the specific
commitment in the Programme for Government to
introduce comprehensive reforms of the immigration,
residency and asylum systems, which will include a
statutory appeals system and set out rights and
obligations in a transparent way. The Immigration,
Residence and Protection Bill which the Minister intends to
re-publish should substantially simplify and streamline the
existing arrangements for asylum and Subsidiary
Protection by the introduction of a Single Procedure so
that applicants can be provided with a final decision on
their application in a more straightforward and timely
fashion.
279. 246. Pending the enactment and commencement of
the new legislation and with a view to improving
processing in the area of international protection, it is
proposed to introduce new arrangements for the
processing of subsidiary protection applications in light of
recent judgments in the Superior Courts. The Department
of Justice and Equality, in consultation with the Attorney
Generals Office, is developing a new legislative and
administrative framework for the processing of current
and future subsidiary protection applications.
280. 247. In addition, and with a view to streamlining the
management and processing by the Courts of applications
for judicial review in the asylum and immigration areas, it
is proposed to bring forward proposals to amend the
statutory provisions relating to judicial review which are
set out in the Illegal Immigrants (Trafficking) Act 2000.
281. 248. Decisions to Grant or Refuse Refugee Status at
first instance (ORAC) and Appeal State (RAT) 2006 2012:
Year Decisions to Grant Refugee Status Decisions to
Refuse Refugee Status Total Decisions Grant Rate
2006648 5,461 6,109 10.6%
2007581 4,964 5,545 10.5%
2008588 5,934 6,522 9.0%
2009363 6,398 6,761 5.4%
2010153 4,465 4,618 3.3%
2011132 2,698 2,830 4.9%
2012 92 931 1,023 9.0%
Total 2,557 30,851 33,408 7.6%
282.
283. 249. The recognition rate for 2012 was just over 9%.
The trend in the surrounding years serves to illustrate that
recognition rates can go up and down commensurate with
the merits or otherwise of the applications presented. This
point is further illustrated by reference to the grant rate to
date in 2013 (Jan-May) which stands at 19.4%.
284. 250. Applications for refugee status in the State are
assessed at first instance by the Office of the Refugee
Applications Commissioner in accordance with a
prescribed legal framework and exclusively on their merits
having regard to their subjective and objective elements.
285. 251. In 90% of the decisions reached by the Refugee
Appeals Tribunal in 2012, the recommendations of the
ORAC were upheld. This is in line with the percentage of
ORAC decisions upheld on appeal over the previous five
years.
Racism
286. 252. The Government of Ireland is committed to
promoting policies which integrate minority ethnic groups
in Ireland, and which promote social inclusion, equality,
diversity and the participation of immigrants in the
economic, social, political and cultural life of their
communities. A significant level of activity is taking place
in pursuit of this commitment.
287. 253. A number of key departments and agencies
have developed specific strategies to ensure that their
services respond to Irelands changed demographic in an
inter-culturally competent and inclusive manner. The
strategies developed include: an Intercultural Health
Strategy; an Intercultural Education Strategy; a Cultural
and Arts Policy and Strategy; the Garda Sochna (Police
Service) Diversity Strategy; and an Action Strategy for
Integrated Workplaces.
288. 254. Between 2008 and 2012, the Office for the
Promotion of Migrant Integration gave grant funding of
12,607,210 for integration purposes. The table below
gives a broad breakdown of funding over the five year
period:
Office for the Promotion of Migrant Integration:
Funding from 2008 - 2012
National Sporting Organisations 1,760,941
City/ County Councils 3,282,027
Faith-based Organisations 93,600
Integration Funds, Grants to Other Organisations
7,470,642
Total 12,607,210
289.
290. 255. The Office for the Promotion of Migrant
Integration also developed a website which was launched
in 2009. This website provides migrants with access to
information on a wide range of relevant topics including
developments in the area of integration/ diversity
management, information for migrants as well as the
responsible bodies in place who deal with reports of racist
incidents or discrimination.
291. 256. The HSE National Intercultural Health Strategy
2007 2012 provided a framework within which the health
and care needs of people from diverse cultures and ethnic
backgrounds should be addressed, with staff supported in
delivering responsive, culturally competent services.
292. 257. A comprehensive whole of government strategy,
Healthy Ireland, was launched in 2013 which aims to
improve the health and well being of all people in Ireland
and contains a strong commitment to getting better health
outcomes for those people from disadvantaged
communities. It aims to do this by improving cross-
government and inter-agency working and by working in
partnership with key stakeholders, and by improving the
monitoring of health outcomes. A programme of more
detailed work to achieve this is now in the process of
being developed.
293. 258. Implementation of the recommendations of the
strategy took place on a phased basis over a five-year
time frame. Priorities that have been addressed are
translation of information, work around developing
standardised models of interpretation and staff learning
and support. Within these areas, the approach taken is
one of mainstreaming, where actions are aimed at
enhancing access for all service users on an equal basis.
294. 259. Following a commitment given at the World
Conference against Racism in Durban in 2001, the
Strategic Monitoring Group for the National Action Plan
Against Racism was established. In January 2005, the
Taoiseach and the Minister for Justice, Equality and Law
Reform launched their report Planning for Diversity- the
National Action Plan Against Racism 2005- 2008, which,
inter alia, contained ten outcomes for the education
sector, one of which was to develop a national
intercultural education strategy with reference to equality/
diversity policy.
295. 260. In 2008 the Minister for Education and Skills and
the Minister of State for Equality, Integration and Human
Rights were tasked with the development of an
intercultural education strategy. An extensive consultation
process was undertaken and the Intercultural Education
Strategy, 2010 2015 was developed. The Intercultural
Education Strategy (IES) aims to ensure that:
296. i. all students experience an education that
respects the diversity of values, beliefs, languages and
traditions in Irish society and is conducted in a spirit of
partnership (Education Act, 1998).
297. ii. all education providers are assisted with
ensuring that inclusion and integration within an
intercultural learning environment become the norm.
298. The IES was developed in recognition of the
significant demographic changes in Irish society, which are
reflected in the education system. The Strategy builds on
existing work in this area and seeks to be of relevance for
all sectors of education, in line with the high level goal of
the Department of Education and Skills to support and
improve the quality, relevance and inclusiveness of
education for every learner in our schools.
299. 261. The Office for the Promotion of Migrant
Integration, Department of Justice and Equality, has
responsibility for leading and coordinating work relating to
the integration of legally resident immigrants. While
primary core funding for integration is spent by mainline
Departments who provide services on a mainstream basis,
the Office for the Promotion of Migrant Integration
provides seed funding in key areas to facilitate integration
and to address racism.
Selected statistical annexes

Table 1 - Recorded crime incidents and
percentage change by offence group, annualised total Q4
2011 and 2012
Annualised total to Q4
ICCSq offence group %
2011 2012 Change Change
Homicide offences 66 78 + 12
+ 18.2
Sexual offences 2,014 2,059
+ 45 + 2.2
Attempts or threats to murder, assaults, harassments
and related offences 17,062 15,313 -
1,749 - 10.3
Dangerous or negligent acts 9,946
9,012 - 934 - 9.4
Kidnapping and related offences 109 98
- 11 - 10.1
Robbery, extortion and hijacking offences
2,932 2,818 - 114 - 3.9
Burglary and related offences 27,695
27,774 + 79 + 0.3
Theft and related Offences 76,975
76,549 - 426 - 0.6
Fraud, deception and related offences 5,370
5,544 + 174 + 3.2
Controlled drug offences 17,695 16,471
-1,224 - 6.9
Weapons and explosives offences 3,484
3,011 - 473 - 13.6
Damage to property and to the environment
35,575 32,609 -2,966 - 8.3
Public order and other social code offences
49,060 43,780 -5,280 - 10.8
Offences against Government, justice procedures
and organisation of crime 10,178 8,852
-1,326 - 13.0
Table 2 - Indicators of income inequality by year

20072008200920102011
% % % % %
Gini coefficient (%) 31.7 30.7 29.3
31.6 31.1
***********************************************************
*****************************
At risk of poverty threshold
60% of median income 11,890 12,455
12,064
11,155
10,889
Table 3 - Share of (household) consumption

expenditures on food, housing, health and education
Food Housing Health
Sex of Houshold Reference Person
Male 18.3 22.3 3.1
Female 15.7 19.5 2.5
Age Category of Household Reference Person
Under 25 years16.0 26.5 1.7
25 to 34 years 14.3 25.5 1.9
35 to 44 years 14.7 21.9 2.3
45 to 54 years 15.9 15.6 2.9
55 to 64 years 16.3 12.9 3.5
65 years & over 20.5 11.1 3.7
Location
Urban 15.6 19.6 2.6
Rural 17.2 15.7 2.7
Gross Household Income Decile
1st Decile <=238.00 18.8 20.3 2.1
2nd Decile -381.12 19.2 20.6 1.7
3rd Decile -494.88 20.2 19.1 1.7
4th Decile -626.68 19.7 19.2 2.1
5th Decile -784.68 18.4 18.3 2.3
6th Decile -976.24 17.2 18.5 2.7
7th Decile -1,218.1016.0 18.0 2.7
8th Decile -1,541.0515.6 18.2 2.9
9th Decile -2,047.6714.8 16.0 3.3
10th Decile >2,047.67 12.9 18.2 3.1
Region
Border 16.7 17.0 2.0
Dublin 14.8 20.9 2.9
Mid East 15.6 19.1 3.0
Mid West 16.8 15.5 3.2
Midlands 18.2 17.3 2.7
South East 17.0 16.7 2.2
South West 16.9 16.2 2.8
West 17.7 17.1 2.2
Tenure status
Owned outright 18.9 7.3 3.7
Owned with mortgage 13.9 22.5 2.7
Rented from local authority 21.2 14.5 1.1
Rented from private owner 16.2 26.3 1.5
Rent free 18.8 4.6 3.2
Livelihood Status of Reference Person
Self employed 16.2 16.4 3.2
Employee1 14.5 19.2 2.7
Unemployed 18.9 20.9 1.4
Retired 19.9 11.0 3.4
Other 19.1 19.3 2.3
Household Composition
1 adult 15.3 23.1 2.3
1 adult with children 17.3 23.8 1.3
2 adults 15.7 17.9 2.8
2 adults with 1-3 children 15.2 22.4 2.3
3 + adults 17.2 13.1 3.1
Other households with children 17.1 16.4 2.8
Household Size
1 Person 15.3 23.1 2.3
2 Persons 15.7 18.3 2.7
3 Persons 16.5 17.5 2.7
4 Persons 16.4 17.4 2.8
5 Persons 16.8 17.2 2.5
6 + Persons 16.9 16.9 2.9
State 16.2 18.2 2.7
Table 4 - Population, estimated number of

households and estimated number of persons per house
Q1 11 Q2 11 Q3 11 Q4 11 Q1 12
Q2 12 Q3 12 Q4 12 Q1 13 Q2 13
Total population (000) 4,571.3 4,576.1 4,579.7

4,581.5 4,584.2 4,585.9 4,593.3 4,597.3
4,598.6 4,593.8
Number of households (000) 1,657.0 1,662.7 1,665.7
1,671.1 1,669.1 1,668.3 1,679.9 1,687.5
1,687.0 1,690.1
Average number of persons per household 2.76 2.75
2.75 2.74 2.75 2.75 2.73 2.72 2.73 2.72
Table 5 - Estimated adult members of family

units classified by composition of family unit, ILO
Economic Status and sex
Family unit type/ILO Economic Status/Sex
Q2 11
Q3 11
Q4 11
Q1 12
Q2 12
Q3 12
Q4 12
Q1 13
Q2 13
Couple without children
In employment
Male 194.7 192.2 195.9 191.4

190.2 191.4 197.9 196.2 191.5
Female 174.8 172.7 175.0
172.0 167.5 167.3 165.6 166.3
167.0
Total 369.4 365.0 370.9 363.4
357.7 358.7 363.5 362.5 358.5
Unemployed
Male 23.3 21.3 22.1 23.2 22.3 19.6 19.7

19.5 20.4
Female 13.1 13.4 12.1 14.5 12.6 14.4
13.1 14.4 11.2
Total 36.3 34.7 34.1 37.7 34.9 34.0 32.8
33.9 31.6
Not in the labour force
Male 157.2 162.3 166.1 167.8

167.5 172.7 170.0 173.3 171.2
Female 179.5 183.4 191.3
189.6 191.9 195.8 204.4 202.1
201.0
Total 336.7 345.7 357.4 357.3
359.5 368.5 374.4 375.3 372.2
Total
Male 375.1 375.8 384.1 382.3

380.0 383.7 387.6 388.9 383.1
Female 367.4 369.6 378.3
376.1 372.0 377.5 383.1 382.8
379.1
Total 742.5 745.3 762.4 758.5
752.0 761.2 770.7 771.7 762.3
Couple with children
In employment
Male 500.1 497.4 497.2 498.1

503.5 511.0 506.7 512.3 520.3
Female 372.4 364.6 373.6
370.8 370.8 371.8 374.6 374.1
377.9
Total 872.5 862.0 870.8 869.0
874.3 882.8 881.3 886.4 898.1
Unemployed
Male 80.6 80.3 80.4 86.6 83.5 84.3 78.6

76.6 71.5
Female 33.6 39.4 34.7 38.6 36.3 38.6
35.5 37.2 38.8
Total 114.2 119.7 115.1 125.3
119.8 122.9 114.0 113.8 110.3
Male 97.0 97.1 96.5 93.2 93.5 91.2 93.5

89.2 85.4
Female 253.4 252.7 252.5
248.7 247.2 250.7 244.8 244.5
244.1
Total 350.3 349.8 349.1 341.9
340.7 341.9 338.3 333.7 329.4
Total
Male 677.8 674.8 674.1 678.0

680.4 686.5 678.8 678.1 677.2
Female 659.3 656.6 660.9
658.2 654.2 661.1 654.9 655.8
660.7
Total 1,337.1 1,331.4 1,335.0 1,336.2
1,334.7 1,347.6 1,333.7 1,333.9 1,337.9
Lone parent
In employment
Male 11.5 10.6 10.9 10.4 10.4 11.5 11.3
10.1 11.8
Female 85.9 85.5 86.7 84.7 87.0 84.3
88.5 87.2 87.4
Total 97.4 96.0 97.6 95.0 97.4 95.8 99.8
97.4 99.2
Unemployed
Male [3.8] [4.0] 4.6 [4.1] [3.2] [3.1] [2.7]

[3.4] [3.3]
Female 17.3 20.2 19.8 19.9 18.2 19.1
19.0 19.8 20.4
Total 21.0 24.2 24.4 24.0 21.4 22.3 21.7
23.3 23.7
Male 11.8 11.6 11.2 11.6 12.8 12.2 12.9

11.5 11.7
Female 95.7 100.2 96.0 96.6 97.5
96.7 92.3 88.8 84.2
Total 107.5 111.8 107.2 108.2
110.3 109.0 105.3 100.3 95.9
Total
Male 27.0 26.1 26.7 26.0 26.4 26.8 27.0

25.1 26.7
Female 198.8 205.9 202.6
201.2 202.7 200.2 199.9 195.9
192.1
Total 225.9 232.0 229.3 227.2
229.1 227.1 226.8 221.0 218.8
All family units
In employment
Male 706.2 700.2 704.0 699.9

704.0 713.9 715.9 718.6 723.6
Female 633.1 622.8 635.4
627.5 625.3 623.5 628.7 627.7
632.3
Total 1,339.3 1,323.0 1,339.4 1,327.4
1,329.3 1,337.3 1,344.7 1,346.3 1,355.9
Unemployed
Male 107.7 105.6 107.0 113.9

109.0 107.0 101.1 99.5 95.2
Female 63.9 73.0 66.6 73.1 67.1 72.1
67.5 71.5 70.4
Total 171.6 178.5 173.6 187.0
176.1 179.2 168.6 171.0 165.5
Male 266.0 270.9 273.8 272.6

273.8 276.1 276.4 274.0 268.3
Female 528.5 536.3 539.8
534.9 536.7 543.2 541.6 535.4
529.3
Total 794.5 807.2 813.6 807.4
810.4 819.4 818.1 809.3 797.6
Total
Male 1,079.9 1,076.7 1,084.9 1,086.4

1,086.8 1,097.0 1,093.4 1,092.2 1,087.0
Female 1,225.5 1,232.0 1,241.8
1,235.5 1,229.0 1,238.9 1,237.9 1,234.5
1,231.9
Total 2,305.4 2,308.7 2,326.6 2,321.9
2,315.8 2,335.9 2,331.3 2,326.6 2,319.0
Table 6 Persons aged 18-64 classified by ILO
Economic Status, age, highest level of educational
attainment and sex
Age group/Highest education level attained/Sex/ILO
Economic Status Q2 11 Q3 11 Q4 11 Q1 12
Q2 12 Q3 12 Q4 12 Q1 13 Q2 13
Persons aged 18-24
Early leavers from education and training aged 18-24
Male
In employment 26 22 25 22 27 23 27
31 35
Unemployed 45 49 48 52 47 47 44
40 39
Not in the labour force 29 29 27 26 27
31 29 30 27
Female
In employment 26 22 23 21 24 21 27
29 22
Unemployed 22 20 20 29 23 22 23
22 23
57 51 49 55
All persons
In employment 26 22 24 22 26 22 27
30 30
Unemployed 36 37 36 43 37 36 35
32 33
42 38 38 38
Other persons aged 18-24
Male
In employment 40 42 41 36 38 41 39
39 40
Unemployed 17 18 17 16 19 19 16
14 17
40 45 47 43
Female
In employment 45 44 43 43 43 45 43
40 43
Unemployed 12 12 11 10 14 14 10
10 14
42 47 49 43
All persons
In employment 42 43 42 39 41 43 41
39 42
Unemployed 14 15 14 13 16 16 13
12 15
41 46 48 43
Persons aged 25-64
Persons aged 25-64 with lower secondary or below as

highest level of education
Male
In employment 54 53 52 52 51 52 52
55 56
Unemployed 18 18 18 20 19 20 19
18 17
28 29 28 27
Female
In employment 35 34 34 33 33 32 32
33 33
Unemployed 6 6 6 7 6 6 5
6 6
62 62 61 61
All persons
In employment 46 45 44 43 43 43 43
45 46
Unemployed 13 13 13 14 13 14 13
13 12
43 44 42 42
Other persons aged 25-64
Male
In employment 78 78 78 78 78 78 79
78 78
Unemployed 12 12 12 12 12 12 11
11 11
10 11 11 11
Female
In employment 69 68 69 68 69 68 68
68 68
7 7
26 25 26 25
All persons
In employment 73 73 73 73 73 73 73
73 73
9 9
18 18 19 18
300.
Rumours are rife that yet another General Election, just 12
months on from the last one, is on the cards over the
absolute nightmare that has emerged from the Sergeant
Maurice McCabe debacle.
Sinn Fein have called on Fianna Fail to pull their support
from the government in what would immediately result in
a General Election.
General Election on the cards over Maurice McCabe

debacle as TDs are told to get their posters ready
Rumours are rife that yet another General Election, just 12 months
on from the last one, is on the cards over the absolute nightmare
that has emerged from the
Rumours are rife that yet another General Election, just 12
months on from the last one, is on the cards over the absolute
nightmare that has emerged from the Sergeant Maurice
McCabe debacle.
Sinn Fein have called on Fianna Fail to pull their support from
the government in what would immediately result in a General
Election.
Childrens Minister Katerine Zaponne is under major pressure

today as well after she says she disgracefully wont reveal the
identities of relevant government authorities.
Fine Gael activists have claimed that theyve been phoned in
the past 24 hours to get their teams ready for what could very
well be a General Election in the coming weeks.
One Fine Gael canvasser said We were told to get our posters
ready.
This is a rare act of courage for me. Some might even say
I've lost the plot. But I'm not afraid to show my support for
a man whose integrity shines through all the muck they
can throw at him. Any chance of a share?

garda?
into a Tusla file.
February 11, 17


election.
may well change.
Sochna?
Poll Results:
http://www.thejournal.ie/poll-mccabe-gardai-confidence-3234905-
Feb2017/
Poor Zapperoni ... she thought she was a member of the
club because she kept sucking up to Kenny. But when the
shit hit the fan Zapper found herself alone and without
friends. The Blueshirts stick together in all kinds of
weather
IRS CRIMINAL INVESTIGATION-AN OVERVIEW IMF-Japan High
Level Tax Conference for Asian and Pacific Countries February 1,
2012
http://www.imf.org/external/np/seminars/eng/2012/asiatax/pdf/irs.p
df
Sgt McCabe in
favour of external
criminal probe, says
Howlin

Labour Party leader Brendan Howlin has said
possible.
Investigation.
outside of Ireland.
Sinn Fin calls for Fianna Fil to withdraw

support for Govt
Sinn Fin president Gerry Adams said his party will
crisis and "taking the public for fools" in
the controversy.
Belfast.
Gael-led Government is a government without any
authority.
However, Fianna Fil has strongly rejected Sinn
Fein's call that it should withdraw support for the
minority Government.
The party's spokesperson on Foreign Affairs and
Trade, Darragh O'Brien, said pulling the plug on the
Government is not going to get answers.
But Mr O'Brien said his party will demand the
Government explain why there is such confusion in
Cabinet over this issue.
He said the priority was to ensure that no Garda
whistleblower ever again has to endure what Sgt
McCabe did.
Corporate internal investigations best practices, pitfalls to avoid
http://www.jonesday.com/files/upload/CII%20Best%20Practices
%20Pitfalls%20to%20Avoid2.pdf
Criminal Procedure Act 2010 - Irish Statute
Book
Constitution of Ireland; External ... CRIMINAL PROCEDURE
ACT 2010. Search warrant in aid of investigation relating to
relevant offences may be authorized
http://www.irishstatutebook.ie/eli/2010/act/27/enacted/en/pdf
I love this country.
Irishman turning heads after buying a TANK that
he uses to nip to the shop
IRISHMIRROR.IE|BY STEPHEN MAGUIRE
"FactCheck: Who wants to get rid of the Special Criminal Court?"

"Claim: Organisations including Amnesty, the UN, and the ICCL want
the Special Criminal Court abolished Sinn Fin
"Verdict: TRUE"
The text in the section just above is from a recent (February 10th
2016) publication at the following www location:
http://www.thejournal.ie/ge16-election-2016-ireland-fact-/
===
RELATED ISSUE
"Trial by JUDGE ONLY" courts (i.e. NO JURY involvement), or
"KANGAROO COURTS" as many see them:
Internet Search Engine Listing:
("Kangaroo Courts, William Finnerty")
https://www.google.ie/
===
"ACTIVISTS" BEWARE
"A kangaroo court is a judicial tribunal or assembly that blatantly
disregards recognized standards of law or justice, and often carries
little or no official standing in the territory within which it resides.
Merriam-Webster defines it as a "mock court in which the principles
of law and justice are disregarded or perverted".[1] The term may
also apply to a court held by a legitimate judicial authority who
intentionally disregards the court's legal or ethical obligations."
"A kangaroo court is often held to give the appearance of a fair and
just trial, even though the verdict has in reality already been
decided before the trial has begun."
The two excerpts just above are from the following www location:
https://en.wikipedia.org/wiki/Kangaroo_court
===
EXCERPT FROM A "KANGAROO COURT" RELATED EMAIL TITLED:
"Summary Conviction": A Recipe for "State Tyranny", which can be
viewed in full at :
http://www.humanrightsireland.com//1September2014/Email.htm
=== === ===
SECTION 17: Republic of Ireland "Summary Conviction" Attempts
#1, #2, and #3 (William Finnerty) ...
Summary Conviction" Attempt #3:
Towards the end of a conversation which lasted for approximately 10
minutes or so in New Inn village (County Galway) on July 16th 2014,
during which Garda (Police Officer) Quirke QA 517 laughed openly at
William Finnerty on a number of occasions (despite a number of
peaceful and polite requests from William Finnerty for him to stop
doing so), Garda Quirke then eventually informed William Finnerty
that everything he (William Finnerty) had said to him was "all
bulls**t". William Finnerty then placed a copy of a three-page
"marked up" e-mail titled "The present location of the world-famous
Turoe Stone?"into Guard Quirke's right-hand shirt pocket in the hope
that he would take it back to Loughrea Garda Station and discuss
the contents with his colleagues. Guard Quirke responded
immediately to this by saying: "That was an assault, and I am going
to arrest you for assault": which he did.
An outline account of what took place, beginning 30 minutes or so
later (while William Finnerty was in Garda custody at Loughrea
Garda Station), can be viewed at the following www location:
http://www.humanrightsireland.com/RepublicOfIre//Email.htm
Related www Links:
" ... liable on summary conviction to ... "
http://www.humanrightsireland.com//25August2014/Letter.htm
"Government Corruption, Crime, Cover Ups, Bullying, and Impunity,
Interim Chief Police Commissioner Nirn O'Sullivan ..."
http://tinyurl.com/mvf8bul
Information relating to "Summary Conviction" Attempts #1 and #2
by An Garda Siochana to criminalise William Finnerty:
"When, in the early 2000s, William Finnerty tried -- partly out of a
sense of duty as a citizen of the Republic of Ireland -- to challenge a
piece of particularly barefaced unconstitutional legislation in the
Republic of Ireland, it afterwards resulted in three major attempts
(to date) to corruptly criminalise him: two of them made by the
Republic of Ireland Government (the first in 2002, and the second
in2004), and, one attempt made by the Government of the United
Kingdom of Great Britain and Northern Ireland (in 2008)."
The excerpt just above is from the "ADDITION #8" section of an e-
mail dated June 2nd 2014 to UK Prime Minister David Cameron MP
which can be viewed in full at the following www location:
http://humanrightsireland.com/PrimeMinisterDavi//Email.htm
=== === ===
EMAILS RELATING TO THE ABOVE ISSUES
a) December 3rd 2015 (14.30 hours) to PSNI (Police Service of
Northern Ireland) Constable Lee Macklin:
RE: PSNI "E DISTRICT" CRIME REFERENCE NUMBER 918 DATED
16/11/15
http://www.humanrightsireland.com//3December2015/Email.html
b) December 14th 2015 (15.30 hours) to Louise Moley (Lawyer at
McGuigan Malone Solicitors):
RE: UPDATE PROVIDED FOR ME BY THE PSNI (POLICE SERVICE OF
NORTHERN IRELAND) ON DECEMBER 11th 2015
c) December 23rd 2015 (1:00 PM) to Louise Moley (Lawyer at
RE: BELONGINGS OF MINE BEING HELD BY CLANRYE PROPERTIES
=== === ===
"ROME WASN'T BURNT IN A DAY"
"Rome", as in the many grossly corrupt implementations of "Imperial
Roman Law" that not only survive, but continue to thrive in January
2016:
Related Quote:
"WHAT YOU HAVE TO UNDERSTAND ..."
"What you have to understand, John, is that sometimes there are
forces and events too big, too powerful, with so much at stake for
other people or institutions, that you cannot do anything about
them, no matter how evil or wrong they are and no matter how
dedicated or sincere you are or how much evidence you have. This
is simply one of the hard facts of life you have to face."
The statement just above was made by former CIA director William
Colby (1920 1996).
Defeatist attitude? Some people -- living in January 2016, and
allowing for all of the remarkable www type "social media" advances
that have taken place during the 20 years or so since the
controversial death of William Colby -- might think so?
=== === ===
TWO REGISTERED LETTERS RELATING TO WILLIAM FINNERTY'S
GENERAL OVERALL SITUATION:
1) To: Ms Louise Moley LL.B of McGuigan Malone Solicitors, dated
November 5th 2015:
RE: Request for additional legal advice
http://www.humanrightsireland.com//5N/RegisteredLetter.htm
2) To: Newry PSNI (Police Service of Northern Ireland) dated
November 27th 2015:
RE: UPDATE of November 27th 2015: "Seeking asylum in the UK
http://www.humanrightsireland.com//27/RegisteredLetter.htm
=== === ===
RELATED INTERNET SEARCH ENGINE LISTINGS
1) Republic of Ireland Prime Minister Enda Kenny TD, Government
Corruption, Crime, Cover Ups, Bullying and Impunity, William
Finnerty:
https://www.google.co.uk/search
2) Massive Bankers "Fractional Reserve Lending" FRAUD, William
Finnerty:
3) Massive Bankers "Derivatives Gambling" FRAUD:
https://www.google.ie/:
4) Hypervigilance, C-PTSD injuries, William Finnerty:
=== === ===
SCANNED COPIES OF THE RELATED THREE PAGE RECEIPT FOR
2,098.76 FROM THE CANAL COURT HOTEL:
http://www.humanrightsireland.com//CanalCourtHotelReceipt-
=== === ===
SINN FEIN
Related Internet Search Engine Listings:
Listing #1:
(Gerry Adams <Gerry.Adams@oireachtas.ie>, Kangaroo Courts,
William Finnerty ...)
https://www.google.ie/...
===
Listing #2:
(Sinn Fin President Gerry Adams <Gerry.Adams@oireachtas.ie>,
William Finnerty)
https://www.google.co.uk/webhp...
===
Sinn Fin President Gerry Adams TD
Photo from:
https://en.wikipedia.org/wiki/Gerry_Adams
"FactCheck: Who wants to get rid of the Special Criminal Court?"
"Claim: Organisations including Amnesty, the UN, and the ICCL want
the Special Criminal Court abolished Sinn Fin
"Verdict: TRUE"
The text in the section just above is from a recent (February 10th
2016) publication at the following www location:
http://www.thejournal.ie/ge16-election-2016-ireland-fact-/
===
RELATED ISSUE
"Trial by JUDGE ONLY" courts (i.e. NO JURY involvement), or
"KANGAROO COURTS" as many see them:
Internet Search Engine Listing:
("Kangaroo Courts, William Finnerty")
===
"ACTIVISTS" BEWARE
"A kangaroo court is a judicial tribunal or assembly that blatantly
disregards recognized standards of law or justice, and often carries
little or no official standing in the territory within which it resides.
Merriam-Webster defines it as a "mock court in which the principles
of law and justice are disregarded or perverted".[1] The term may
also apply to a court held by a legitimate judicial authority who
intentionally disregards the court's legal or ethical obligations."
"A kangaroo court is often held to give the appearance of a fair and
just trial, even though the verdict has in reality already been
decided before the trial has begun."
The two excerpts just above are from the following www location:
https://en.wikipedia.org/wiki/Kangaroo_court
===
EXCERPT FROM A "KANGAROO COURT" RELATED EMAIL TITLED:
"Summary Conviction": A Recipe for "State Tyranny", which can be
viewed in full at :
http://www.humanrightsireland.com//1September2014/Email.htm
=== === ===
SECTION 17: Republic of Ireland "Summary Conviction" Attempts
#1, #2, and #3 (William Finnerty) ...
Summary Conviction" Attempt #3:
Towards the end of a conversation which lasted for approximately 10
minutes or so in New Inn village (County Galway) on July 16th 2014,
during which Garda (Police Officer) Quirke QA 517 laughed openly at
William Finnerty on a number of occasions (despite a number of
peaceful and polite requests from William Finnerty for him to stop
doing so), Garda Quirke then eventually informed William Finnerty
that everything he (William Finnerty) had said to him was "all
bulls**t". William Finnerty then placed a copy of a three-page
"marked up" e-mail titled "The present location of the world-famous
Turoe Stone?"into Guard Quirke's right-hand shirt pocket in the hope
that he would take it back to Loughrea Garda Station and discuss
the contents with his colleagues. Guard Quirke responded
immediately to this by saying: "That was an assault, and I am going
to arrest you for assault": which he did.
An outline account of what took place, beginning 30 minutes or so
later (while William Finnerty was in Garda custody at Loughrea
Garda Station), can be viewed at the following www location:
http://www.humanrightsireland.com/RepublicOfIre//Email.htm
Related www Links:
" ... liable on summary conviction to ... "
http://www.humanrightsireland.com//25August2014/Letter.htm
"Government Corruption, Crime, Cover Ups, Bullying, and Impunity,
Interim Chief Police Commissioner Nirn O'Sullivan ..."
http://tinyurl.com/mvf8bul
Information relating to "Summary Conviction" Attempts #1 and #2
by An Garda Siochana to criminalise William Finnerty:
"When, in the early 2000s, William Finnerty tried -- partly out of a
sense of duty as a citizen of the Republic of Ireland -- to challenge a
piece of particularly barefaced unconstitutional legislation in the
Republic of Ireland, it afterwards resulted in three major attempts
(to date) to corruptly criminalise him: two of them made by the
Republic of Ireland Government (the first in 2002, and the second
in2004), and, one attempt made by the Government of the United
Kingdom of Great Britain and Northern Ireland (in 2008)."
The excerpt just above is from the "ADDITION #8" section of an e-
mail dated June 2nd 2014 to UK Prime Minister David Cameron MP
which can be viewed in full at the following www location:
http://humanrightsireland.com/PrimeMinisterDavi//Email.htm
=== === ===
EMAILS RELATING TO THE ABOVE ISSUES
a) December 3rd 2015 (14.30 hours) to PSNI (Police Service of
Northern Ireland) Constable Lee Macklin:
RE: PSNI "E DISTRICT" CRIME REFERENCE NUMBER 918 DATED
16/11/15
b) December 14th 2015 (15.30 hours) to Louise Moley (Lawyer at
RE: UPDATE PROVIDED FOR ME BY THE PSNI (POLICE SERVICE OF
NORTHERN IRELAND) ON DECEMBER 11th 2015
c) December 23rd 2015 (1:00 PM) to Louise Moley (Lawyer at
RE: BELONGINGS OF MINE BEING HELD BY CLANRYE PROPERTIES
=== === ===
"ROME WASN'T BURNT IN A DAY"
"Rome", as in the many grossly corrupt implementations of "Imperial
Roman Law" that not only survive, but continue to thrive in January
2016:
Related Quote:
"WHAT YOU HAVE TO UNDERSTAND ..."
"What you have to understand, John, is that sometimes there are
forces and events too big, too powerful, with so much at stake for
other people or institutions, that you cannot do anything about
them, no matter how evil or wrong they are and no matter how
dedicated or sincere you are or how much evidence you have. This
is simply one of the hard facts of life you have to face."
The statement just above was made by former CIA director William
Colby (1920 1996).
Defeatist attitude? Some people -- living in January 2016, and
allowing for all of the remarkable www type "social media" advances
that have taken place during the 20 years or so since the
controversial death of William Colby -- might think so?
=== === ===
TWO REGISTERED LETTERS RELATING TO WILLIAM FINNERTY'S
GENERAL OVERALL SITUATION:
1) To: Ms Louise Moley LL.B of McGuigan Malone Solicitors, dated
November 5th 2015:
RE: Request for additional legal advice
http://www.humanrightsireland.com//5N/RegisteredLetter.htm
2) To: Newry PSNI (Police Service of Northern Ireland) dated
November 27th 2015:
RE: UPDATE of November 27th 2015: "Seeking asylum in the UK
http://www.humanrightsireland.com//27/RegisteredLetter.htm
=== === ===
RELATED INTERNET SEARCH ENGINE LISTINGS
1) Republic of Ireland Prime Minister Enda Kenny TD, Government
Corruption, Crime, Cover Ups, Bullying and Impunity, William
Finnerty:
https://www.google.co.uk/search
2) Massive Bankers "Fractional Reserve Lending" FRAUD, William
Finnerty:
3) Massive Bankers "Derivatives Gambling" FRAUD:
https://www.google.ie/:
4) Hypervigilance, C-PTSD injuries, William Finnerty:
=== === ===
SCANNED COPIES OF THE RELATED THREE PAGE RECEIPT FOR
2,098.76 FROM THE CANAL COURT HOTEL:
http://www.humanrightsireland.com//CanalCourtHotelReceipt-
=== === ===
SINN FEIN
Related Internet Search Engine Listings:
Listing #1:
(Gerry Adams <Gerry.Adams@oireachtas.ie>, Kangaroo Courts,
William Finnerty ...)
https://www.google.ie/...
===
Listing #2:
(Sinn Fin President Gerry Adams <Gerry.Adams@oireachtas.ie>,
William Finnerty)
https://www.google.co.uk/webhp...
===
Sinn Fin President Gerry Adams TD
Photo from:
https://en.wikipedia.org/wiki/Gerry_Adams
Former #Garda commissioner's phone to be examined -
but SIM may have been destroyed three years ago!
Article: http://www.thejournal.ie/martin-callinan-sim-card-
3229548-Feb2017/
RT has been dragged into the
Garda whistleblower mire
A new commission of investigation into the saga is to probe whether or
not the Garda Commissioner orchestrated broadcasts on RT in May
2016.
February 11, 17
IRELANDS STATE BROADCASTER has been namechecked

in the just-published (though heavily-redacted) ONeill
report into Garda whistleblowing.
On foot of Justice Iarfhlaith ONeills report regarding
allegations that a smear campaign had been carried out
against whistleblower Maurice McCabe, a further
commission of investigation has been established to
investigate the circumstances surrounding two protected
disclosures made by McCabe and one other whistleblower.
That new commission is to be chaired by Justice Peter
Charleton.
ONeills report was so heavily redacted upon publication
that in fact only the terms of reference of the new
commission of investigation have been published.
Those terms of reference, which can be viewed here, include
allegations that the former head of the Garda Press Office
David Taylor was directed to focus journalists attention on
allegations of criminal misconduct made against McCabe,
and a licence to investigate any knowledge that former
Garda Commissioner Martin Callinan and OSullivan may
have had regarding that matter.
One of the more interesting of the nine terms of reference

however is a mandate to investigate whether Commissioner
OSullivan, using briefing material prepared in Garda
Headquarters, planned and orchestrated broadcasts on RT
on 9 May 2016, purporting to be a leaked account of the
unpublished OHiggins Commission Report, in which Sgt
McCabe was branded a liar and irresponsible.
This alludes to, among other broadcasts on that date, an

edition of RTs Morning Ireland broadcast in which alleged
details of the then as-yet-unreleased OHiggins Report
(which investigated goings on in the Cavan / Monaghan
Division of the garda in and around 2008) were
summarised for listeners.
That broadcast can be listened to here (direct link here) - the
relevant section, which runs for 15 minutes, can be heard
from 1 hour 23 minutes into the recording.
The publication of the OHiggins Report served chiefly to
ramp up the pressure on Nirn OSullivan, who has been
fire-fighting the ongoing whistleblower saga since first
taking over from Callinan on an initially interim basis in
March 2014
http://www.thejournal.ie/rte-commission-of-investigation-
3229970-Feb2017/
Commission of Investigation Certain Matters relative to
the Cavan Monaghan Division of the Garda Sochna Final
Report
http://www.justice.ie/en/JELR/Commission_of_Investigat
ion_Certain_Matters_relative_to_the_Cavan_Monaghan_
Division_of_the_Garda_S
%C3%ADochna_Final_Report.pdf/Files/Commission_of_
Investigation_Certain_Matters_relative_to_the_Cavan_M
onaghan_Division_of_the_Garda_S
%C3%ADochna_Final_Report.pdf
Commission of Investigation (Certain matters relating to
two disclosures made by members of An Garda Sochna
under the Protected Disclosures Act 2014) Order 2017
http://cdn.thejournal.ie/media/2017/02/terms-of-
reference.pdf
Earlier today, OSullivan strongly refuted allegations made
against her by Labour leader Brendan Howlin under Dil
privilege in Leinster House this morning.
Howlin, together with Sinn Fin, earlier this evening called
for OSullivan to stand aside from her role while the
Charleton inquiry is carried out.
How many more un-investigated files exist?
Is there one about you?
Faith in #Irish #governance destroyed
#MauriceMcCabe #Tusla #Gardai #Ireland #Governance
This is what passes for good governance in Ireland

We owe MauriceMcCabe and his family a huge debt of
gratitude for having the resilience to withstand this sort of
pressure.
Another serious concern arises from this:

How many other people have had their names ruined by
false allegations which were not 'followed up' on within the
Gardai or Tusla?
(Remember, if they are not follow up then they remain on

file as allegations and can be talked about without any
conclusion being reached and we would never know what
is being said about us behind our backs in the corridors of
power)
My faith in the governance structures of the Gardai, Tusla
and in fact all govt departments and agencies has been
seriously damaged by this series of events.
Irish journalists accuse

police of 'Stasi-like'
monitoring
Garda Siochna alleged to be monitoring phone
calls and threatening reporters with arrest in attempt
to reveal sources
Garda are accused of putting pressure on Irish journalists to reveal their

sources. Photograph: Niall Carson/PA
Henry McDonald, Ireland correspondent
Friday 11 May 2012 13.00 BST
Journalists in Ireland have raised concerns about the
country's draconian gagging orders on police officers
talking to the media, including allegations that the state is
monitoring their mobile phone calls to try to reveal
sources.
Dublin-based reporters, some of whom are under death
threats from armed criminal gangs, have told
MediaGuardian that the Irish police force, Garda
Siochna, has questioned them about police contacts,
threatened them with arrest and has been checking their
mobile phone calls to suspected sources.
One reporter said he has been questioned 30 times in just
over a decade and was under sustained pressure to reveal
his sources.
Ian Mallon, the deputy editor of Dublin's Evening Herald
newspaper, said the garda appeared more interested in
who was the source of his stories than in acting against a
crime boss who put a 20,000 (16,000) bounty on the
head of his colleague Mick McCaffrey.
Mallon described the Garda's ongoing pursuit of

journalists' sources in the Republic as "Stasi-like".
The human rights organisation Index on Censorship said
the Irish Republic's 2005 Garda Siochna Act, especially
clause 62 of the legislation outlawing most rank and file
police contact with the media, was "not the behaviour of a
European democracy".
Under the act, Irish police officers who speak to journalists
without authorisation from their superiors can face fines of
up to 75,000, dismissal from the force or even seven
years in prison.
Index on Censorship described the act and the recent
upsurge in garda pursuing journalists over their sources
as akin to "the kind of behaviour one would expect in an
unreconstructed dictatorship"
An Index spokesman, Padraig Reidy, said:
"Reporters should not be forced to operate in fear
of police surveillance."
Reidy said Irish reporters were already under
enough pressure from drugs gangs engaged in
violent turf wars in Dublin and Limerick.
"It's bad enough worrying about being the next
Veronica Guerin [the Dublin crime reporter
murdered by Irish gangsters in 1996] without the
extra concern of being hauled in by police for
simply doing your job," he said.
Reidy warned that in reforming the relationship
between the UK police and media after the phone
hacking scandals, the British government should
resist the Irish model.
"The Leveson inquiry should resist the temptation
to further regulate journalists' access to contacts in
the police and other state and security bodies,"
Reidy said. "The Irish situation shows how this can
lead to paranoid police attempting to cover their
own backs by harassing journalists."
Mallon said he was expecting to be questioned by
detectives who want him to reveal his source
behind last November's stories in the Evening
Herald detailing the death threat to McCaffrey.
"We sat on that story for weeks and even informed
the Garda that we had been told this gangster put
a hit out against Mick over a story he had written
about this criminal. We were most co-operative,"
he added.
"Our story was about another journalist in this city
facing a death threat from criminals and yet I am
to be questioned about who leaked the story to us.
That's absurd. They were more concerned to find
how they could trace back the source. It is Stasi-
like behaviour and totally paranoid and
censorious."
MediaGuardian has learned that the information
about threats to McCaffrey's life was intercepted
through secret Garda wire tappings information
that cannot be used as evidence in court.
Many experienced Garda sources now use cheap,
disposable mobile phones to keep in touch with
reporters.
The veteran crime and security journalist Jim
Cusack, from the Sunday Independent, said he has
faced threats of detention over his refusal to reveal
sources in a story about a Real IRA murder.
Cusack said: "I have been threatened with possible
arrest for 'withholding information relating to a
criminal offence' the 2005 act again with a
punishment of up to 10 years when I told garda I
could not remember the source of a story about a
dissident murder in Donegal several months
earlier.
"The last time I was made aware my phone records
were being hacked was last year after I contacted a
detective involved in a murder case and left a
message referring to some material I had come
across which might be of use in the case.
"I was not called back. Instead a third party
contacted me and said the detective had been
warned by a colleague that my phone was under
surveillance and the call had been logged by C3.
This is the old name for the Garda security and
intelligence section."
Asked about both the continued gagging of garda
talking to the media and allegations of journalists
being threatened with arrest as well coming under
covert surveillance, the Garda press office said:
"An Garda Siochna do not discuss internal
discipline matters." The force's press office
declined to answer specific queries about
journalists alleging their calls were being
monitored.
The Irish Department of Justice defended the use of
the act and said there were no plans to amend it
despite promises to enact new laws to protect
whistleblowers. The department added that the act
prevented the disclosure of information that "could
impede an investigation and potentially a
prosecution".
A spokesman for the department said: "By its
nature, police work requires a high level of
confidentiality to protect witnesses, victims and
garda. In order for policing to be effective, the
public must feel they can communicate openly with
their local garda and trust that the information
they provide will be protected and treated
appropriately."
Michael O'Toole, the crime correspondent of the
Irish Daily Star, urged the UK media to oppose any
attempt to bring in a law like the 2005 Garda
Siochna Act.
O'Toole said that in reforming the relationship
between the Metropolitan police and News
International "the baby should not be thrown out
with the bath water". He revealed he has been
questioned 30 times in 12 years by garda about
sources. The last time was in 2011 when he
obtained exclusive pictures of a riot inside Dublin's
Mountjoy prison.
"I take it as read that my phone calls are being
listened into, that my records are being checked to
see if I am talking to any Garda officers. What went
on between the Met in London and certain
journalists was corrupt and wrong. But take a look
at the opposite side of the coin here in Ireland and
this paranoia infecting everything."
https://www.theguardian.com/media/2012/may/11/irish-journalists-
police-monitoring?CMP=share_btn_fb
Irish prime minister to

limit snooping powers of
police watchdog
Legal review after revelation that ombudsman
accessed reporters phone records
Enda Kenny: he has taken a strong line. Photograph: Mike Segar/Reuters
@GreensladeR
Tuesday 19 January 2016 08.08 GMT
Irelands prime minister, Enda Kenny, has taken a strong
line with the countrys police watchdog after it was
revealed that the body accessed journalists phone
records.
According to the Irish Times, he indicated that it might be
necessary to change legislation in order to limit the powers
of the Garda Sochna Ombudsman Commission
(GSOC).
The paper, in company with the Irish Independent,
reported Kenny as saying: Clearly the fundamental
principle of journalistic sources being confidential is very
important in a democracy.
After a week of controversy about the matter, which I
reported on yesterday, the Dublin government is planning
to review the GSOCs powers.
It followed revelations in the Irish Times that the GSOC
had viewed two journalists phone records without their
knowledge or consent.
Kenny said his justice minister, Frances Fitzgerald, was
looking at the issue on the basis of the protection of the
sources of information for journalists in a free world, in a
free press.
It is thought that a senior lawyer, possibly a judge, will be
asked to consider international best practice and then
review the operation of Irelands communications
(retention of data) act of 2011. It was that law that the
GSOC relied on when accessing phone records.
https://www.theguardian.com/media/greenslade/2016/jan/19/irish-
prime-minister-to-limit-snooping-powers-of-police-watchdog
Minister for Justice

orders review of GSOC
powers
Frances Fitzgerald says public debate sparked U-

turn
by Conor Lally, Irish Times
Minister for Justice Frances Fitzgerald has ordered a review into
the accessing of journalists telephone records by the Garda
Sochna Ombudsman Commission (GSOC) just 24 hours after
expressing her support for the contentious procedures.
Explaining her decision to announce a review on Saturday, she
said the public debate on the issue since the middle of last
week had influenced her thinking.
Minister for Public Expenditure and Reform Brendan Howlin
said yesterday that the stricter rules in Britain should be
examined with a view to implementation in the Republic.
Each application for looking at a journalists telephone records
would be subject to an individual analysis by an independent
judge, he said.
The controversy surrounding the accessing of personal data
began last week when The Irish Times revealed that GSOC had
viewed two journalists phone records without their knowledge
or consent on foot of a complaint about reports in the death of
model Katy French (24) in 2007.
Annual review
Last Friday, Ms Fitzgerald pointed out that the Communications
(Retention of Data) Act 2011 amended last year that enabled
GSOC and the Garda to access citizens telephone records also
provided for a High Court judge to review annually how the
legislation was being used.
She said a complaints procedure was also enshrined in the Act.
The law provides the very important safeguard that if persons
feel that access to their information has arisen improperly
there is an independent appeal procedure to address this, a
statement issued on her behalf said.
It added she of course, fully supports GSOC in carrying out its
important work.
However, on Saturday she issued another statement to the
media in which she said she now had concerns.
I recognise that issues of concern have been raised . . . and I
have reached the conclusion that there is a need for a review of
law and practice in this area, she said.
This review will have regard to any relevant judicial findings
and ensure our law in this area represents best international
practice.
Asked why she had defended the procedures on Friday but had
ordered their review the following day, Ms Fitzgerald said she
believed the general debate which has been taking place raises
important questions about whether the law in this area strikes
the right balance and the safeguards which exist are sufficient.
Leaks
While journalists were entitled in a democratic society to go
about their work unhindered, others had the right not to have
their personal information leaked to the media. She said she
had only decided on the review on Saturday.
The Association of Garda Sergeants (AGSI), Garda
Representative Association(GRA), Irish Council for Civil Liberties
(ICCL) and the National Union of Journalists (NUJ) have all
expressed their concern at the revelations.
AGSI said GSOC had been established to investigate complaints
against Garda members and if it wanted access to the
telephone records or other personal data of journalists it
should, under law, be required to set out its reasons to a judge
on each occasion.
Mr Howlin supported that idea yesterday, saying a new issue
had emerged around the maintenance and protection of the
freedom of the press, which is a fundamental pillar of our
democracy.
http://agsi.ie/articles/minister-for-justice-orders-review-of-gsoc-powers/
Howlin calls for new

measures to protect
freedom of the press
Updated / Monday, 18 Jan 2016
Brendan Howlin said freedom of the press is a pillar of our

democracy
Minister for Public Expenditure & Reform Brendan
Howlin has responded to the controversy over the
Garda Siochana Ombudsman Commission
unilaterally accessing details of journalists phone
calls.
"There is a new issue that has now emerged and that
is the maintenance and protection of the freedom of
the press, which is really a fundamental pillar of our
democracy," he said.
Speaking on RTs This Week, Mr Howlin said the
recent approach taken in the United Kingdom - in
which each application to look at a journalist's phone
records requires judicial oversight - was a good one.
"Any application [to monitor phones] under the
current law is reviewed annually by a judge, but the
Minister for Justice has indicated that we need to go
further, probably, in relation to this particular issue.
"[Frances Fitzgerald] is reviewing it and I think the
model that happens in Britain is not a bad one for us
to look at and that is that each application for the
looking at a journalist's telephone records would be
subject to an individual analysis by an independent
judge," added Mr Howlin.
It emerged during the week that the Garda

Ombudsman used new powers given to it last year to
access the phone records of two journalists as part of
its investigation into information leaked about the
death of model Katy French.
In a statement today, Ms Fitzgerald said: "Contrary to
some reports, the legal powers to access telephone
records do not derive from legislation which I
introduced last year. Instead, they are governed by
the provisions of the Communications (Retention of
Data) Act, 2011.
"I am constrained in what I can say about the law in
this area because a number of challenges to the act
are before the courts at the moment.
"However, without commenting in any way on those
legal cases or on investigations conducted by GSOC
or An Garda Sochna, I recognise that issues of
concern have been raised as to whether we have the
right balance in our law between the important
freedom of journalists to pursue legitimate matters of
public interest and the basic rights of persons not to
have information relating to them improperly
disclosed.
"This raises complex issues of fundamental
importance and I have reached the conclusion that
there is a need for a review of law and practice in this
area.
"This review will have regard to any relevant judicial
findings and ensure our law in this area represents
best international practice," added the statement.
https://www.rte.ie/news/2016/0117/760871-howlin-phone-calls/
Investigation launched
into GSOC access of
journalists' phone records
Kevin Doyle, Shane Phelan and Sarah-Jane Murphy
PUBLISHED
19/01/2016
1
Frances Fitzgerald. Photo: Steve Humphreys
The Cabinet has given approval for the
appointment of a legal expert to review the
legislation which allows GSOC to access the
phone records of journalists.
As revealed in the Irish Independent this morning, Justice
Minister Frances Fitzgerald wants an independent person
to study best international practice in the area and suggest
any legislation changes that might be required.
It is expected that the review will look at the ease with
which GSOC and An Garda Siochana can access phone
records.
The watchdog has been embroiled in three scandals in the
past two years, including one where it incorrectly claimed
garda were bugging its offices.
And it emerged last week that GSOC accessed the phone
records of two journalists following a complaint by a
friend of the late model Katy French about alleged garda
leaks.
Today, John Wilson, a former garda turned whistle-
blower, has said that accessing the phone records of
journalists is something which should only happen in
extreme circumstances.
Mr Wilson said he believed warrants permitting such
surveillance should be issued by a judge in every case.
"When I was a garda we were told not to have any contact
with journalists.
"However we know that journalists need sources in order
to survive - if they don't have sources then important
information won't come into the public domain.
"In the past some information was drip fed to the media to
discredit Maurice McCabe and myself," he told The Pat
Kenny Show on Newstalk.
Wilson referred to a recent Supreme Court decision that
recognised the right of journalists to protect their sources.
"The greater good should prevail, and giving GSOC the
power to trawl through journalists phone records is not
the answer.
"We need more transparency between journalists and the
gardai, some reporters are briefed regularly by members of
the gardai and that's not good for anyone," Mr Wilson,
who is standing as an Independent candidate in the
Cavan/Monaghan constituency for the general election,
said.
"All warrants should be issued by a judge and accessing
the data of journalists is something that should only
happen in extreme circumstances.
"There is no law that says you cannot speak to a journalist
and there's a proud tradition of investigative journalism in
this country - I don't want anything to damage that," he
told host Pat Kenny.
Meanwhile, Fianna Fail Justice spokesperson Niall Collins
has said that the government have not tackled the issue
effectively.
"Nobody is above the law, and it's very important that the
right balance is achieved here.
His party has created draft legislation which aims to
prevent GSOC gaining access to confidential
communications between journalists and sources in the
absence of a court order.
Collins will introduce the Garda Sochna (Amendment)
Bill 2016 in the Dil today.
Under the proposed legislation, the High Court can only
grant GSOC an order in exceptional circumstances where
the public interest so required.
"Fianna Fail's bill will require GSOC to apply to to the
High Court for an 'application to proceed' prior to
accessing a journalist's phone records.
"The relevant journalist will be on notice and can make an
ancillary application.
"Our aim is to protect the independence of GSOC and the
freedom of the press," he told RTE News at One's
programme.
Meanwhile former Press Ombudsman, Professor John
Horgan, told RTE's Morning Ireland that the current
process of monitoring the interception of electronic
communications is "wildly insufficient".
"I'm not sure that what needs to be done is something that
will take a commision of inquiry or any very lengthy
course of activities. What seems to have happened is that
this power was given to GSOC in a sort of catch-all way.
Nobody stopped in time to think about what kind of
modality should govern this power. As far as I know the
only constraint on this is that the judge would look on the
record of interceptions made under this power once a year
and that's insanely, wildly insufficient."
Last night Taoiseach Enda Kenny slapped down the
scandal-ridden garda watchdog for snooping on the phone
records of journalists.
Responding for the first time to the revelations that
communications by journalists were being monitored, Mr
Kenny said: "Clearly the fundamental principle of
journalistic sources being confidential is very important in
a democracy."
Mr Kenny's stinging rebuke has placed intense pressure on
the embattled Garda Sochna Ombudsman Commission
(GSOC).
The Taoiseach said there was a difference between "this
kind of incident and one where national security might
arise".
He said: "The minister will respond appropriately and
quickly in this regard".
The Irish Independent understands that Justice Minister
Frances Fitzgerald will seek approval from Cabinet today
to appoint an "eminent person" from the legal profession
to review the laws that allows GSOC to access data on
journalists' phone calls.
This person will be tasked with reviewing international
best practice and looking at the Communications
(Retention of Data) Act 2011 which GSOC has relied on
when accessing phone records of journalists.
A source said: "The review will only look at the section as
it relates to journalists so it will be completed as soon as
possible. It will not be a drawn-out process."
However, any legislative changes that might be
recommended by the review are highly unlikely to be
drafted before the general election.
At the weekend, Ms Fitzgerald proposed a "scoping
exercise" within her department - but the Taoiseach and
Tnaiste injected a new urgency into the debate yesterday.
"Minister Fitzgerald is looking at this on the basis of the
protection of the sources of information for journalists in a
free world, in a free press," Mr Kenny said.
"Fundamentally, I think that where issues like this are
concerned that it would be appropriate that the legislation
be reformed to reflect that.
Because whatever else people might argue about, there has
always been a consistency about the protection of sources
for information for members of the press in a democracy
like ours," he added.
Tnaiste Joan Burton said it "goes without saying that the
protection of journalism sources is of critical and primary
importance, and the Government will address that".
It is understood the Labour Party favours a system similar
to the UK whereby each application for accessing data on a
journalist's phone usage would be examined by an
independent judge.
Last night a spokesperson for GSOC refused to comment
on the Taoiseach's criticism.
Upheaval
The commission has declined to answer questions from
the media on the furore to date.
Public Expenditure Minister Brendan Howlin has said it
strikes him that the situation in Britain is one that should
be looked at.
On his way into todays Cabinet meeting the Labour Party
minister said he wanted to see what proposals Frances
Fitzgerald brings forward.
But he added that if GSOC is of a very strong view that it
needs to access information about journalists phone calls
that should require the authorisation of an independent
judge.
The complaints body was previously at the centre of major
political upheaval two years ago when it claimed garda
were bugging its offices.
And last summer it emerged that a garda in Donegal who
took his own life had been the subject of a GSOC
investigation following a fatal traffic accident - but was not
told that he had been cleared of wrongdoing.
In a letter to his wife, Sergeant Michael Galvin of
Ballyshannon Garda Station in Co Donegal said he could
not take the pressure of the GSOC investigation which had
left him feeling like a criminal.
Last week it was revealed that GSOC accessed journalists
telephone records.
There are also concerns it has accessed one journalist's
emails contacts.
http://www.independent.ie/irish-news/investigation-launched-into-
gsoc-access-of-journalists-phone-records-34377459.html
No widespread
snooping on private
citizens - Fitzgerald
Updated / Wednesday, 20 Jan 2016 23:22
Frances Fitzgerald says 91 requests were made over the last year
by State agencies to access phone records
Minister for Justice Frances Fitzgerald has said there
is no widespread snooping by State agencies on
private citizens.
She said 91 requests were made over the last year to
access phone records, although she would not reveal
the number of journalists included in that number.
Ms Fitzgerald added that requests were only made in
relation to serious crimes being investigated and she
repeated that she is waiting for the completion of the
review by former chief justice John Murray.
He will report back within three months and his
review will cover access to phone records by garda,
the Defence Forces and the Revenue
Commissioners, who can all obtain the information
under current law.
Yesterday Ms Fitzgerald defended her decision to
review rather than amend legislation that allows some
State agencies access phone records without a
warrant.
Cabinet has backed an independent investigation into
the accessing of three journalists' telephone records
by GSOC.
Under new powers given to it last year, GSOC may
access journalists' personal phone records if
necessary as part of investigation.
It was recently reported that GSOC accessed the

telephone records of three journalists without their
knowledge or consent.
This follows complaints about media reports on the
death of the model Katy French in 2007 and also
media reports on the arrest of Independent TD Clare
Daly, who was cleared of suspected drink-driving and
found to be below the legal limit.
http://www.rte.ie/news/2016/0120/761558-fitzgerald/
Is it too much to hope for

law on snooping to be
changed before election is
called?
Seamus Dooley
PUBLISHED
19/01/2016
1
Justice Minister Frances Fitzgerald Photo: Damien Eagers
This morning, Justice Minister Frances
Fitzgerald will bring a report to Cabinet on
the accessing of journalists' telephone
records by GSOC.
SHARE
/
/
Speaking in Kildare yesterday, Taoiseach Enda Kenny
seemed to grasp the gravity of the situation when he
acknowledged that it would be appropriate to amend
legislation to ensure that the power to access phone
records is used sparingly and only in cases involving
national security.
The catalyst for the current debate was the decision by
GSOC to use relatively new powers under the
Communications (Retention of Data) Act 2011 to access
the personal phone records of two journalists as part of its
investigation into alleged leaks by members of An Garda
Sochna . The alleged leaks related to the high-profile,
tragic death of Katy French in 2007.
While there has been criticism of the GSOC investigation,
the priority now must be to ensure the powers given to the
commission are reviewed.
There is no evidence so far that GSOC acted outside the
law - merely that GSOC used powers which it should never
have been given to investigate a complaint which, however
legitimate it may have been, could never be classed as
being so significant that a fundamental freedom enjoyed
by the press should be undermined.
The Supreme Court has recognised the right of journalists
to protect confidential sources of information. That right is
recognised in international law.
Yesterday, in Kildare, the Taoiseach was unambiguous.
"Clearly, the fundamental principle of journalistic sources
being confidential is very important in a democracy," he
said.
"Minister Fitzgerald is looking at this on the basis of the
protection of the sources of information for journalists in a
free world, in a free press," he added.
Last week, there was cross-party support for the right of
journalists to protect confidential sources of information -
so it's safe to assume Mr Kenny's comments would not be
contested by his political opponents.
In these circumstances, would it be too much to hope the
party whips would get together and enable the Houses of
the Oireachtas to consider amending legislation before the
election is called?
A starting point would be to reverse the changes which
granted the powers to GSOC but, as Dr T J McIntyre of
Digital Rights Ireland pointed out in this newspaper last
week, we do need a wider look at the way the State treats
data belonging to all citizens, not just journalists.
The fact that there is currently no requirement that a judge
grant a warrant before phone records are examined by
garda or GSOC is a function of inadequate legislation.
Any legislative reform must be based on the principle that
access is only permitted following independent, judicial
assessment and is demonstrably necessary. There must be
a public interest test.
The Katy French complaint has understandably led to a
focus on journalists - but this is not just about the rights of
the media.
Sensitive communications, such as those between lawyer
and client or TD and whistle-blower, are equally
vulnerable.
Currently, the Act allows for an appeals procedure, in the
case of individuals, and a judicial review of how legislation
is being used. However, the appeal is of limited value,
occurring after a journalist has discovered his or her
confidentiality has been breached.
Many citizens are disturbed by the discovery that phone
records can be scrutinised by GSOC. It is correct that
citizens have a right to make complaints against An Garda
Sochna and it is correct that garda have a right to
defend themselves. It is also the right of the media to
operate with freedom. I do not imagine for a moment that
the Communications (Retention of Data) Act 2011 will
become a dominant issue in the forthcoming election.
However, a prompt legislative response supported by all
parties might restore belief in the ability of the political
system to recognise a problem and address it in a timely
manner.
http://www.independent.ie/irish-news/politics/is-it-too-much-to-
hope-for-law-on-snooping-to-be-changed-before-election-is-called-
34375703.html
Watchdog has lurched

from one crisis to next
Tom Brady
EMAIL
PUBLISHED
19/01/2016
The GSOC was set up to deal primarily with complaints from the
public about the behaviour of garda and provide an independent
oversight of the force Photo: Niall Carson/PA Wire
Since it began operations in 2007, the Garda
Sochna Ombudsman Commission (GSOC)
has been mired in controversy.
It was set up under the Garda Sochna Act, 2005, to deal
primarily with complaints from the public about the
behaviour of garda and provide an independent oversight
of the force.
GSOC's mandate is to independently investigate
complaints where a garda is alleged to have committed an
offence or behave in a way that would justify disciplinary
proceedings.
http://www.independent.ie/opinion/comment/watchdog-has-lurched-from-one-
crisis-to-next-34375702.html
AN ROINN DL AGUS CIRT AGUS COMHIONANNAIS

DEPARTMENT OF JUSTICE AND EQUALITY
Deputy Sen Conlan asked the
Minister for Justice and Equality if
she has restricted the report which is
to be carried out by former Chief
Justice Mr. John Murray into the
hacking of telephones and the
accessing of data to journalists only,
given that the director of the Irish
Council for Civil Liberties, Mr. Mark
Kelly, stated the snooping on the
general public must also be reviewed
and that he regretted that the review
had been limited to journalists; and if
she will make a statement on the
matter.
[3258/16] Answer
Minister for Justice and Equality (Deputy
Frances Fitzgerald): I assume the Deputy is
referring to the accessing of retained
communications data under the Communications
(Retention of Data) Act 2011. No suggestion has
been made, other than by the Deputy, as to the
hacking of phones. The data available under the
2011 Act is subscriber and traffic and location data
- not the content of communications - and it may
only be accessed by the relevant bodies
empowered to do so, for the purposes prescribed
and under the terms set out in the Act in
accordance with the respective statutory duties of
the bodies involved.
There is simply no question of widespread or mass
surveillance of the general public. That would be
unlawful and does not take place.
Issues of genuine concern have been raised
recently as to the balance in the law concerning
the important freedom of journalists to pursue
legitimate matters of public interest. I recognise
fully the legitimate concerns about the issue of
access to journalists telephone records and it is for
that reason I have established an independent
review, to be carried out by Mr. Justice John Murray,
the former Chief Justice.
There are complex, competing rights in question
here that go to considerations of the freedoms of
journalists to pursue their legitimate work and, for
example, the fundamental right to privacy of every
individual.
The purpose of focusing the independent review on
the issue of the freedoms of journalists is in order
to ensure that particular issue of concern can be
addressed quickly.
It is important to keep the general law in this area
under review and, indeed, that is exactly what is
done on an ongoing basis by my Department.
http://justice.ie/en/JELR/Pages/PQ-26-01-2016-293
Journalists Investigated: GSOC powers

need to be reined in
Tuesday, January 19, 2016
Michael Clifford
recommends a data access system similar to the UK, with
notice to affected parties
ARE you related by marriage or otherwise to a reporter?

Do one of your friends work for the fourth estate? Are you
related to a member of An Garda Siochna? If you fall into
any of the above categories, you may be in danger of
having your phone records accessed, the details of your
private contacts parsed over and analysed quite possibly
on the flimsiest of bases.
The blowing storm over the Garda Siochna Ombudsman
Commission (GSOC) accessing the phone records of
journalists without their knowledge raises fundamental
questions. It has been revealed that GSOC has accessed
the records of at least two reporters. That case relates to a
complaint from an associate of the late model, Katy
French, who died in 2007. At least eight inquiries are being
conducted by GSOC into alleged leaks from the force.
Katy French
It should be pointed out that many leaks from An Garda
Siochna concern tittle tattle at best, and unwarranted
intrusion at worst. The law deeming it an offence for
members to release any unauthorised data was brought in
by then justice minister Michael McDowell in 2005. He had
been outraged at a leak about a casual assault on his son,
a minor at the time, in Dublin. Many would have sympathy
with McDowell on that score.
However, there is also much information passed on from
members which is in the public interest. In a force that is
culturally closed in terms of information in total contrast
to police forces in the neighbouring jurisdiction for
instance leaks are going to take on a greater
significance.
In terms of complaints about garda leaks, there is no
benchmark to determine whether or not the information
passed is in the public interest, particularly if its not in the
interests of garda management. This would be the case
with any garda whistleblower releasing unauthorised
information.
(It is unclear whether the Protected Disclosures Act 2014
would cover whistleblowers in all instances.)
Now we are encountering a scenario whereby GSOC is
accessing the phone records of reporters as part of an
investigation into leaks. The reporters in question were not
informed that their data was being examined, which is
perfectly legal.
GSOC acquired the powers to act in this manner following
an amendment last year to the Communications
(Retention of Data) Act 2011, granting new powers to the
investigative body.
The commission acquired a range of extra powers on foot

of concerns of maladministration and worse in the force.
But what safeguards are there? For instance, on the face
of it, the powers would allow GSOC access the server of
large media organisations like RT in order to locate
historic emails. This could involve GSOC parsing emails
that have nothing to do with its specific investigation.
Other civilians who are not engaged in the media may also
be subjected to this intrusion. If a gardas records show
the number of, for instance, a relative of a reporter, GSOC
can access that persons records on the basis they could
be relevant to the inquiry.
Then there is the politics at the interface of police and
media. When, in recent years, GSOC found itself at
loggerheads with An Garda Sochna, a number of
reporters appeared to be only too eager to take sides,
lining up with the force, skewing coverage to the
detriment of GSOCs profile. There is no defence for such
activity, but it is obvious that some reporters felt
compelled to go down that route.
Now, GSOC, if it was so minded, can wreak revenge,
obtaining records of hostile reporters and parsing them
for all they are worth. This could in turn open up new
avenues of curiosity, from which could be garnered a
whole gamut of information that may be of use, or may
just be handy to store away for future reference. All, of
course, in the name of legitimate investigation.
What of a complainant to GSOC who is unhappy with how
a complaint is being dealt with? If he or she wishes to
highlight shortcomings, the obvious avenue to explore is
contact with a reporter. This is arguably in the public
interest, but now GSOC has the power to access emails
that might contain a complainants file being sent to a
reporter. Is that right and proper?
This is not to assume or suggest that GSOC personnel
would operate outside either the letter or the spirit of the
law. But long and painful experience has shown us that
when there are no constraints on power it will inevitably
be abused. The control on this power is very loose at best.
The civilian is not informed that his or her records are
being accessed. There is no forum to facilitate an appeal
of the intrusion. The only provision for oversight is an
annual review by a High Court judge, which really is
precious little oversight at all.
Accessing records in a barely controlled manner is not
new. A chief superintendent can authorise the access of
personal communications in pursuit of a criminal
investigation. But here also, oversight is skimpy. An audit
by the Data Protection Commissioner in 2014 showed the
force had requested up to 60 private phone records a day
over the course of 2012. The audit also found that in some
instances the authorisation did not come from a chief
superintendent, and that a few high-profile celebrities had
had their records accessed for no obvious reason.
Frances Fitzgerald
In the current case involving GSOC, Minister for Justice

Frances Fitzgerald ordered a review of the powers last
weekend. This represented a volte-face on her position 24
hours earlier when she had no problem with the situation.
In the meantime her colleague Leo Varadkar had admitted
he found the whole thing a little bit odd and sinister. The
last time Mr Varadkar stated the obvious about goings on
in the area of criminal justice it ultimately led to the
resignation of a commissioner. So now Ms Fitzgerald wants
a review.
A lot more than a face saving review is required if this
power is to be properly contained. In the UK, a judge must
sign off on any request to access records in this manner.
This at the very least is required. But it should also be the
case that anybody whose records are to be accessed must
be informed that they are being subjected to this scrutiny.
http://www.irishexaminer.com/viewpoints/columnists/michael-
clifford/journalists-investigated-gsoc-powers-need-to-be-reined-in-
376891.html
answers the questions you may be asking about recent

revelations in the Maurice McCabe affair.
Q. Why is the Garda whistleblower saga the subject
of yet another investigation?
A. Because the first one, the Fennelly Commission, only
examined the circumstances leading to the resignation of
former Garda Commissioner Martin Callinan over his
handling of the whistleblowers, while the second one, the
OHiggins Commission, only examined whistleblower
claims of Garda malpractice in the Cavan-Monaghan
district.
Q. Only two? It seems like there were more than
that.
advertisement
A. Thats because there have also been three different

inquiries and reports into penalty points fixing as revealed
by whistleblowers plus the Guerin Inquiry which led to the
OHiggins Commission, and then the ONeill Inquiry which
has led to the newly announced Charleton Commission.
Q. So whats left for Judge Charleton to examine?
A. The treatment of whistleblower Maurice McCabe by
senior members of the garda who, it is alleged, ran a
deliberate smear campaign against him to try to
undermine his credibility.
Q. Who has made these allegations?
A. The former Garda press officer, Superintendent David
Taylor, who says he was instructed by his superiors to brief
media that Sgt McCabe was unreliable, was motivated by
malice, and was facing investigation on a serious criminal
issue.
Q. Which superiors are we talking about?
A. Former commissioner Martin Callinan and/or current
commissioner Noirn OSullivan is how the proposed terms
of reference put it.
Q. Presumably neither will be thrilled about a
probe?
A. That would be a safe assumption. Callinan has been
down this road before and its unlikely he wanted to spend
any more of his enforced retirement revisiting the scene,
and OSullivan has been issuing strenuous denials of any
wrongdoing and fending off opposition calls to stand aside
until the investigation is complete.
Q. When is the inquiry likely to be complete?
A. The smart answer is: In time for the next commission to
be established. In reality, nine months has been
mentioned but the proposed terms of reference seek a
trawl of all telecommunications records of both Callinan
and OSullivan over a two-year period.
Depending on what that throws up, there could be many
or few witnesses to call.
In addition, there are already calls to widen the terms of
reference to include a number of other events, including a
meeting back in 2008 following which it was claimed Sgt
McCabe said he was making his whistleblower disclosures
because of a grudge against the force.
By chance, he had recorded the meeting and proved he
made no such remarks.
Irish media companies
oppose accessing of
journalists phones
Minister orders review after ombudsman tried to
discover source of police leaks
Brendan Howlin: freedom of the press is a fundamental pillar of our

democracy. Photograph: Brian Lawless/PA
Roy Greenslade
@GreensladeR
Monday 18 January 2016 09.21 GMT
New concerns by journalists about snooping into their
telephone records is not confined to Britain. It has become
a major issue in Ireland too.
The Irish Times reports that some of the countrys largest
media organisations are taking legal advice on how they
can establish whether their journalists telephone records
have been accessed in the course of investigations by
state agencies.
The move follows disquiet over the accessing of two
journalists mobile phone records during an investigation
by the police forces ombudsman into suspected leaks
from police officers. The journalists records were
accessed without their knowledge.
Independent News & Media believes one of its reporters,
Conor Feehan of the Dublin Herald, had his phone
accessed last year. The Sunday Timess Irish office and
RT also want to know if their staff have been subject to
surveillance.
Irelands justice minister, Frances Fitzgerald, has ordered

a review into the accessing of journalists telephone
records by the police ombudsman.
Although she initially expressed support for the
ombudsmans procedures, she changed her mind after
noting the intensity of the public debate.
Another minister, Brendan Howlin, has suggested that the
stricter rules in Britain over police access to journalists
records should be examined with a view to
implementation in the republic.
He said: Each application for looking at a journalists
telephone records would be subject to an individual
analysis by an independent judge. He also spoke of the
need to maintain and protect freedom of the press, which
is a fundamental pillar of our democracy.
The National Union of Journalists Irish office has
expressed its concern after the revelations of the police
ombudsmans snooping.
Comment: It comes to something when our wholly
inadequate safeguards in Britain to protect journalistic
confidentiality are regarded as better than those in Ireland.
Worse is the fact that ours are under further threat should
the draft investigatory powers bill be enacted.
As for Ireland, it is good to see at least one Irish senior
politician - Howlin, a Labour party member, is minister for
public expenditure and reform - prepared to argue the
case for journalists.
https://www.theguardian.com/media/greenslade/2016/jan/18/irish-
media-companies-fight-over-accessing-of-journalists-phones
Garda whistleblower John Wilson:
Commissioner Nirin OSullivan should
resign over gangland violence
Mr Wilson said the Government are more concerned with spin
than tackling crime
14 FEB 2016
Gangland thugs have no fear of our broken justice system,
Garda Whistleblower John Wilson has warned.
The former guard, who is running for election in Cavan-
Monaghan constituency, said the Garda Commissioner
should face the sack over the bloody Regency Hotel
shootings.
He said the rule of law in Ireland has broken down, with
criminal gangs now better resourced than an Garda
Siochana.
He told the Irish Sunday Mirror: Were living in dangerous
times where the criminals are better resourced than An
Garda Siochana.
If that incident at the Regency Hotel last Friday had
happened in London, the police commissioner would be
gone, because peoples lives were in danger.
Theyre playing Russian roulette with peoples lives.
Those psychopaths on Friday, they didnt give a damn
about the guards arriving.
They didnt care, because they would have outgunned the
guards. When you have criminals better armed than police
officers, thats like something youd see in a tin pot
dictatorship.
Mr Wilson, who revealed the extent of the Garda penalty-
point scandal, said the Government are more concerned
with spin than tackling crime.
He said: Instead of proactive policing we have reactive
policing and knee-jerk policing.
Before the incident in the Regency Hotel, the minister was
telling us that the guards were fully resourced.
They told us that Operation Thor was solving all the evils
in rural Ireland again that is knee-jerk policing. We
should have proactive policing 365 days a year, but we
dont.
He added that our police force is underfunded to the point
that peoples lives are put at risk on a daily basis.
He said: An Garda Siochana are going to remove 55

guards from mainstream policing and put them in a
special armed unit in Dublin. Thats the way it should
have always been.
There should be sufficient armed backup to guards 24
hours a day, all over the country, not just in Dublin.
At least in Dublin, if youre in trouble, armed backup of
some description will arrive within a short space of
time. But in rural Ireland, you have these regional
response units.
Theyre based in Letterkenny, Dundalk, Mullingar and a
few other places. The reality is that if youre in trouble
in Cavan or Monaghan town at 3am, youll be a long
time waiting on armed backup.
Uniformed guards are operating throughout rural
Ireland and along the border. They have no backup,
their lives are being put at risk.
He said that the closure of rural Garda stations had
crippled the force, and handed criminal gangs the
initiative.
He said: The most important weapon that any police
service has is knowledge. That knowledge is guarded by
Gardai working on the ground in communities.
It takes time to build up trust. Flying into a village in a
patrol car in a village where the Garda station has
closed down, and expecting people to talk to you is just
not going to happen. You have to earn the trust of the
people.
Community policing is destroyed. Once youve closed
down a garda station, and the gardai have moved to
the local big town, its never the same again.
Mr Wilson said that if he is elected, he will work to bring
tougher sentencing for criminals, particularly those
who target the elderly.
He said: The reality is with the Garda Stations, you
could recruit 5,000 gardai tomorrow. But unless the
justice system is reformed, there will always be
problems.
I was a guard for over 30 years. In my experience, the
victim always loses. Until punishment replaces
rehabilitation, nothing is going to change.
When contacted for comment the Garda Press Office
declined to comment on statements from third parties.
http://www.irishmirror.ie/news/irish-news/garda-whistleblower-john-
wilson-commissioner-7366734
Garda under investigation

for allegedly sending
death threats to himself
Wednesday 28th October 2015
Morale in the force is said to be at a particularly low ebb after

the callous murder of Garda Golden
A Garda is under investigation for allegedly

sending death threats to himself in an
attempt to get special treatment in the job.
The investigation has caused disquiet among Garda
ranks, many of whom who have received genuine death
threats.
The murder of Garda Tony Golden in Louth two weeks ago
has hammered home the real threats faced by Garda
every day.
Sources said the garda is based in the Leinster area and
has been subject of genuine threats in the past. However,
he is now under suspicion of posting a death threat to his
own home address.
Investigators were able to trace back the purchase of

stamps which were placed on the envelope of the
threatening letter, according to sources. CCTV footage is
understood to show the officer buying the stamps.
The news comes at a time when garda are under

increasing threat from criminal figures.
Just last month a detective based in Louth the division

where Garda Tony Golden and Garda Adrian Donohoe
were shot dead was warned of a threat to his life from
associates of the gang suspected of murdering Garda
Donohoe.
Morale is said to be at a particularly low ebb after Garda

Golden was shot dead by Adrian Crevan Mackin.
Promises were made about resources after Garda

Donohoes murder, but they werent delivered on, said a
source.
Theres a feeling that some people are just going to jack it

in now. People are at a very low point.
An additional 25 uniformed garda were sent by Garda

Commisioner Nirn OSullivan to Dundalk as a temporary
measure since Garda Goldens death. In May it emerged
that garda at Carbury Garda Station in Kildare were
issued with official Garda Information Messages (GIMs)
informing them of credible threats against them.
A gang based in rural north-west Kildare and Offaly were
behind the threats, which saw an arson attempt and shots
fired at the Garda station and at a Garda car.
A leading member of the gang is thug Damien Galvin

(above), who previously told one cop: Ill leave your wife a
widow.
In a sinister threat to one officer, he made the shape of a

gun with his hands and said: Youll remember this day
when Im standing over you with a gun to your head and
my c*** in your mouth.
In May, major criminal Paschal Kelly, originally from
Coolock in Dublin, was jailed for threats to kill a Criminal
Assets Bureau (CAB) officer, among other offences. Kelly
flew into a rage after a CAB officer called to his partners
Balbriggan home, on April 7, 2011, and he subsequently
phoned the officer.
He stated I will kill you, I will f ***ing kill you, before

hanging up, the detective told a court hearing.
Kelly was jailed four-and-a-half years.

https://www.sundayworld.com/news/garda-under-investigation-for-
allegedly-sending-himself-death-threats
Update: GSOC investigation launched after
man dies in garda custody in Buncrana
11 Nov 2013
by News Highland
An investigation has been launched after the death of a man

in Garda custody in Inishowen.
It is understood the man died in custody at Buncrana Garda Station
in the early hours of this morning.
A post mortem will be carried out later today.
No details of the mans age or address have been released.
The matter was referred to The Garda Sochna Ombudsman
Commission by the Gardan Commisioner under legislation which
examines if the conduct of a garda MAY have resulted in death of
serious harm.
A short time ago, Chief Superintendent Terri Mc Ginn spoke to Greg
Hughes on the Shaun Doherty Show.
[podcast]http://www.highlandradio.com/wp-
content/uploads/2013/11/terrint1.mp3[/podcast]
GARDA SI OCHA NA ACT 2005
http://www.oireachtas.ie/documents/bills28/acts/2005/2005.pdf
Shatter-V Guerin-judgment ALAN SHATTER AND SEAN GUERIN
[2014 No. 478 JR] APPLICANT RESPONDENT JUDGMENT of Mr.
Justice Noonan delivered the 20th day of May, 2015
THE HIGH COURT [2014 No. 478 JR] ... independent inquiry
into allegations made by Garda Sergeant ... Commissioner
under regulation 15 of the Garda
https://www.rte.ie/documents/news/shatter-v-guerin-judgment.pdf
"Report 5, Arrest and Detention of 7 persons at Burnfoot, County
Donegal on May 23, 1998 and the Investigation relating to same
Conclusions and Recommendations- The Danger of Indiscipline"
https://web.archive.org/web/20060927151441/http://www.justice.ie/
80256E010039C5AF/vWeb/flJUSQ6SREZX-en/
$File/Morris5thRpt.pdf
Government appoints
outgoing Revenue
Commissioners chairman
head of new independent
policing authority
Tom Brady
EMAIL
PUBLISHED
13/11/2014 | 16:15
8 SHARE

1
Josephine Feehily: Soon to step down from Revenue
The outgoing chairman of the Revenue
Commissioners has been appointed by the
government to take charge of the new
independent policing authority.
Justice Minister Frances Fitzgerald announced this
afternoon that Ms Josephine Feehily would bring a
wealth of experience and competences to her new role.
She will be chairperson-designate until legislation
establishing the authority has been fully enacted.
Ms Feehily as 41 years experience, working in large
organisations at home and overseas.
The authority chairperson will now be actively involved in
the selection of the new garda commissioner.
Candidates for that post have been whittled down to three,
including the current acting commissioner, Noirin
OSullivan.
It is expected that the successful candidate will be
announced early next month.
Draft legislation setting up the new authority was
published earlier this month by Justice Minister Frances
Fitzgerald.
The authority, according to the minister, will:
Provide an additional layer of public oversight in

policing
Create a new engine to drive reforms of the policing
system
Hold garda management to account, including at public
meetings
Develop a key role in the future appointment of senior
garda management.
She described the creation of an independent authority as

the most far reaching reform of An Garda Siochana since
the foundation of the State and a major element of the
comprehensive programme of justice reform being
delivered by the government.
The eight other members of the authority will be
appointed by the government following a selection
competition, run by the Public Appointments Service, and
with the approval of the Dail and Seanad.
The authority will sanction a three year strategy statement
and annual plan, submitted by the commissioner, and will
publish a code of ethics that includes standards of conduct
and practice for gardai.
The legislation will enable the authority to request the
Garda Ombudsman Commission to investigate concerns
that a garda could have committed an offence or behaved
in a manner justifying disciplinary action.
The authority will have oversight of the delivery of a
proper policing service by the Garda, including the
efficient deployment of resources, organisation,
administration, personnel and finance.
But security issues will not come under its remit and
responsibility for them will remain with the commissioner,
who will report directly to the Justice Minister.
http://www.independent.ie/irish-news/government-appoints-
outgoing-revenue-commissioners-chairman-head-of-new-
independent-policing-authority-30742481.html
John Downing: A latter-

day 'Gubu' which cries
out for some long-
overdue honest answers
to disturbing questions
John Downing Twitter

BIO
PUBLISHED
11/02/2017

2
Enda Kenny with members of his Cabinet including ministers (from
right) Frances Fitzgerald, Heather Humphreys, Katherine Zappone
and Mary Mitchell O'Connor, at the start of the 32nd Dil. The
current crisis has thrown the stability of the minority Government
into serious doubt
When does a person in a position of power
"know" something? Does one know
something only when it is conveyed in a
form which is signed and sealed? What
status does "knowledge" have if it is based
upon things widely known and accepted in
one's circle and work environment? What if
it is widely rumoured and/or gleaned from
one's own peripheral vision and surmise?
:
Often in public life, denials of knowledge are effectively
denials of formal knowledge of the signed and sealed
variety. Thus, the word "know" conjures up one of the
slipperiest concepts in the public life.
Questions of who knew what and when are now centre
stage as the reputation of An Garda Sochna continues to
take a hammering. We need to know who in the senior
management of the force knew about alleged efforts to
calumniate the whistleblower, Sergeant Maurice McCabe.
We also need to know who in the Government knew about
the especially pernicious nature of the allegations being
made against Sgt McCabe. And when they knew such
things is just as important. This week, the Government
announced that Supreme Court Judge Peter Charleton
would head a full Commission of Inquiry into these
matters.
It is the latest in a clatter of related inquiries into these
dismaying series of events. The Fennelly Commission
examined the circumstances surrounding the abrupt
departure of former Garda Commissioner Martin Callinan
in March 2014; the O'Higgins Commission looked at
alleged Garda malpractice in the Cavan-Monaghan
district; the Guerin inquiry probed alleged penalty point
"fixing"; and the O'Neill inquiry looked at the alleged
defamation of Sgt McCabe, which led on the latest full-
blown commission.
The above list is a strong indication of the need for some
definitive resolution here sooner rather than later. The
public trust which mandates policing in all democracies
has been deeply eroded and that erosion continues. This
reality means that in the coming week, the Government
and the majority of TDs must nail down effective terms of
reference for Mr Justice Charleton's inquiry.
Interestingly, on this very day 25 years ago, February 11,
1992, the Charlie Haughey era ended in Irish politics with
the election of Albert Reynolds to the posts of Fianna Fil
leader and Taoiseach. Mr Reynolds had many fine
qualities, but he showed himself incapable of maintaining
working relationships in two coalition governments, with
different parties.
And Mr Reynolds lost office after a mere 33 months in an
extraordinary controversy about the extradition of sex
offenders. Those byzantine events, in late 1994, were
replete with claim and counter-claim about who knew
what and when.
Mention of Charlie Haughey conjures up the memory of
the term Gubu, an acronym for "Grotesque,
Unprecedented, Bizarre and Unbelievable." This was Mr
Haughey's own summation of the surreal events in August
1982 surrounding the discovery of the double-murderer,
Malcolm MacArthur, hiding out in the home of the
Attorney General.
The term Gubu is a fit for the current extraordinary turn of
events. These raise serious concerns, we will put it no
higher than that until Mr Justice Peter Charleton
completes his upcoming Commission of Inquiry.
But those concerns centre on contested claims that senior
people used allegations of heinous sex crimes against Sgt
McCabe in efforts to sideline a difficult but honest
whistleblower. A false accusation of "sex abuse" is
terrifying, more so because it embroils the child and family
agency Tusla.
The involvement of Tusla raises more fears and doubts.
We urgently need answers to these issues.
This dizzying farrago has the potential to end careers. It
also has the potential to bring this hybrid Coalition
crashing down in a heap.
The first inkling we got of "sex crimes" being among
allegations against Sgt McCabe was on Wednesday when
Labour leader Brendan Howlin used Dil privilege to raise
the matter. He has been heavily criticised in some quarters
for this - despite the veracity of his statement having been
largely borne out over the ensuing days.
It is worth remembering that Mr Howlin has a credible
record in this regard. He led the charge in eventually
having Garda misconduct in Donegal examined by the
Morris Commission over a decade ago. He is also an
unlikely abuser of Dil procedures as a TD for the past 30
years, a former Leas-Cheann Comhairle, and a punctilious
Public Expenditure Minister who put through legislation
on whistleblowers.
Explosive revelations on RT's 'Prime Time' on Thursday
night, about the role of Tusla, led questioning to switch
yesterday to Children's Minister, Katherine Zappone. She
met Sgt Maurice McCabe on January 25 last and kept
"relevant ministers" informed.
It brings us neatly back to our opening questions about the
definition of "know".
The strange thing is that on Thursday afternoon in the
Dil, the Justice Minister Frances Fitzgerald was directly
asked by Sinn Fin's Mary Lou McDonald if An Garda
Sochna and "any other State agencies" had been in
contact over Sgt McCabe.
Rather falteringly, Ms Fitzgerald said she had no
knowledge of such contacts - bar routine Garda contact
with the oversight body, GSOC. Later Ms Fitzgerald did
not miss a beat when she told Fianna Fil's John
McGuinness that Tusla could be included in the Charleton
inquiry. All this came before the explosive RT Tusla
revelations.
It all led to allegations yesterday by Ms McDonald, and
Dara Calleary of Fianna Fil, that the Justice Minister had
misled the Dil. That of itself is a serious allegation for any
deputy, let alone a Justice Minister and Tnaiste.
But Ms Fitzgerald rejected the charges, insisting that Ms
Zappone had told her in mid-January of her intention to
meet Sgt McCabe. But the Children's Minister gave no
details concerning Tusla's role. The Taoiseach, presumably
another "relevant minister", also only knew generally of
the meeting.
So, we are left with important decisions being taken here
based on very partial knowledge.
http://www.independent.ie/irish-news/john-downing-a-latterday-
gubu-which-cries-out-for-some-longoverdue-honest-answers-to-
disturbing-questions-35441771.html
Garda inquiry into undercover

English cop 'whitewash'
Garda Commissioner Noirin O'Sullivan who was tasked last year
with a second internal inquiry into the activities of an undercover
English police officer:
07 February, 2017
/.related-extra
Metropolitan police undercover officer Mark Kennedy, whose
activities have been the subject of two Garda inquiries
ACTIVISTS who allege a British undercover
police officer operated in Ireland have
branded a Garda inquiry into his activity a
whitewash.
Garda Commissioner Noirin O'Sullivan was
tasked late last year with a second internal
probe into the activities of a spy from
London's Metropolitan Police after an original
inquiry in 2011 found no evidence of
criminality.
Campaigners wrote to Justice Minister
Frances Fitzgerald demanding she seek
Ireland's inclusion in a public inquiry in
England and Wales over undercover policing.
Activist Kim Bryan, who claims she was
targeted by Met spy Mark Kennedy in
England and in Ireland, criticised the
minister's response.
"I am bitterly disappointed by the closed
process Frances Fitzgerald has established,
with an internal garda report into undercover
policing," she said.
"It makes a mockery of the justice process if
this review examining undercover policing in
Ireland does not take into account the
evidence of those that were spied on, and as
such I would seriously question its
legitimacy."
The Shell to Sea campaign, which opposes
the Shell Corrib gas project in Mayo, and
Shannonwatch, which opposes the use of
Irish airports by US military also claim to
have come in contact with Mr Kennedy.
Ed Horgan, Shannonwatch spokesman and a
United Nations elections' inspector, said: "We
would be very supportive of a proper
investigation into this guy's actions. Who
paid? Why? Were the gardai using such an
agent provocateur?"
Mr Kennedy is believed to have been in
Ireland between 2004 and 2006.
Anti-globalisation campaigner Jason
Kirkpatrick, who says he was a victim of
abuses by the Met's undercover unit, is
taking a High Court challenge in Belfast this
week to force the public inquiry in England
and Wales to be extended to Northern
Ireland.
The inquiry was announced by then home
secretary Theresa May in March 2015 under
the leadership of Sir Christopher Pitchford,
following revelations about the activities of
Mr Kennedy, who admitted having ''intimate
relationships with a number of people while
undercover''.
Mr Kirkpatrick and Ms Bryan are among 200
core participants in the Pitchford inquiry.
Forty-two cases have been found where dead
children's names were used to provide cover
identities for officers by the inquiry and there
have been calls to extend the Pitchford
inquiry to cover actions of officers in
Germany and Scotland.
In a reply to a series of parliamentary
questions on the issue of British undercover
police in Ireland, Ms Fitzgerald has repeatedly
said that see would "fully consider" any
findings that relate to Ireland.
The Department of Justice defended its
request for a second internal inquiry on the
issue.
"The Garda authorities are in ongoing contact
with their counterparts in the London
Metropolitan Police Service in the context of
co-operation across a full range of policing
issues," a spokesman said.
"It should be noted that there is no question
of a police officer from outside the
jurisdiction exercising police powers here in
Ireland. Any such person is subject fully to
our laws and any evidence of breach of our
criminal law would be fully pursued."
US citizen Sarah Hampton said she has
received an apology from the Met after
having a year-long relationship with Mr
Kennedy while in Ireland in 2005.
She said she knew him as Mark Stone and
that she suffered deep depression after
discovering the truth.
"No-one should ever be under any
circumstance coerced, invaded, violated and
deceived by an undercover police officer
through sexual relationships," she said.
"Despite the apology I have many
unanswered questions. I have not received
the files the police have on me. I want to
know to what extent my private life has been
invaded by the UK police force and what
justification is there for it."
http://www.irishnews.com/news/northernirelandnews/2017/02/07/n
ews/garda-inquiry-into-undercover-english-cop-whitewash--
922273/
Garda corruption claims

borne out, says internal
report
NEWS DIGEST
PUBLISHED
09/07/2000
'Donoghue considers public inquiry after
threat to implicate senior garda THE result
of a year-long investigation ordered by
Garda Commissioner Pat Byrne into alleged
Garda corruption in the Donegal division
will provide the DPP with the evidence to
initiate prosecutions against at least two and
possibly three members of the force.
The Minister for Justice, John O'Donoghue, is now
seriously considering ordering a public investigation into
the allegations.
The Minister was particularly disturbed to learn that one
garda at the centre of the allegations is threatening that, if
he is charged, he will produce a document purporting to
prove that corruption extends beyond the Donegal area
and into the senior ranks of the garda.
The report, by Assistant Garda Commissioner Kevin
Carthy, will confirm allegations of serious corruption by a
handful of garda in the Donegal Garda division and will
demonstrate that publican Frank McBrearty and a number
of garda, including the wife of a garda officer, were correct
in their claims that certain officers seriously abused their
powers in the district.
Sources close to the investigation have said that the report
is ``extremely serious for the garda'' and senior officers
are now conceding that they are ``very worried'' about the
potential consequences for the force. And Department of
Justice sources have told the Sunday Independent they
believe Minister John O'Donoghue will be left with ``no
option'' but to acquiesce to demands for a sworn public
inquiry into the affair.
A further sensational development in the case may be even
more damning than the contents of the Carthy report, due
to reach Commissioner Pat Byrne this week. These new
revelations are expected to force the hand of Minister
O'Donoghue to sanction a public inquiry into Garda
corruption.
The new allegations are contained in an 18-page document
by a garda involved in the Donegal case, who is also one of
the key focuses of the Carthy team. The document details
explosive information relating to alleged Garda corruption
by certain senior officers in Dublin, and he has intimated
to the Carthy team that he will make the document public
if prosecuted in connection with the Donegal inquiry. The
document details the garda's alleged involvement in
forging overtime claims, fabricating evidence and
retaining stolen property all at the behest of his superiors,
the garda claims.
The Minister for Justice sought an urgent meeting with
Fine Gael's Jim Higgins and Labour's Brendan Howlin last
Tuesday week, after Mr Higgins informed the Minister
that he had come into possession of documentation
detailing some of the allegations being made by the
Donegal officer against two very senior officers.
Immediately following the meeting between the two
Opposition TDs and the Minister, Mr O'Donoghue sought
a meeting with Garda Commissioner Pat Byrne, during
which he instructed him to appoint a senior officer to
investigate the new claims of corruption being levelled by
the Donegal-based officer.
Last Thursday week, the former head of the Criminal
Assets Bureau, Assistant Commissioner Fachna Murphy,
was assigned to investigate the latest twist in the
controversy.
The Donegal-based officer has made a series of claims
alleging his involvement in serious wrong-doings while
working on a team in the Dublin Metropolitan Area some
years ago. He alleges that he was urged to fabricate
evidence in a number of serious criminal investigations by
two officers senior to him. He is understood to have told
investigating gardai in Donegal that if he is charged in
relation to any alleged offences in that district, he will
make public the details of his involvement in the alleged
wrongdoings while working on the special garda team and
will claim that he committed these offences with the full
support and encouragement of named senior officers.
Tomorrow, lawyers representing a Limerick man accused
of murder will apply for an adjournment in the trial
pending the outcome of the Donegal investigation on the
basis that they believe that evidence against their client
was fabricated by a garda officer who is now the subject of
that investigation.
The accused, Raymond Casey, one of two people charged
with the murder of Limerick man Noel Pyper in 1997,
made several statements to garda, one of them an alleged
confession. Mr Casey denies the crime and says that he
never made a confession.
Sources close to the Minister for Justice said that when he
learned of the latest allegations, he was ``extremely
disturbed''.
A source said: ``He is awaiting the outcome of the Carthy
report and of the Fachna Murphy inquiry into these
newallegations.''
Meanwhile, reports last week that Attorney-General
Michael McDowell will meet Tina Fowley, a Donegal garda
who has made allegations of serious corruption against
certain colleagues, are untrue. As reported in this
newspaper two weeks ago, the Attorney-General has
sought a meeting with the garda's solicitor, Mr Damien
Tansey. The meeting was to take place two weeks ago but,
due to an administrative error, Mr Tansey did not make
the meeting and he is awaiting a new date from the
Attorney-General. There is no question, however, that the
AG will meet with Mr Tansey's client, as it would be totally
without precedent for the most senior legal officer of the
State to discuss a case with an individual so close to an
ongoing investigation.
http://www.independent.ie/irish-news/garda-corruption-claims-
borne-out-says-internal-report-26255399.html
Callfor a Public Inquiry into the Policing ofthe Shell/Corrib
GasProject We support the recent demands for an inquiry into
allegations ofsystemic Garda corruption
http://royaldutchshellplc.com/wp-content/uploads/2014/06/Doc403-
2.pdf
DEATH OF TERENCE WHEELOCK: REPORT BY
THE GARDA SIOCHANA ...
REPORT BY THE GARDA SIOCHANA OMBUDSMAN COMMISSION
... seeking an independent public inquiry into the death ... the
Garda Commissioner and the Minister
https://www.gardaombudsman.ie/docs/press/20100310-GSOC-
PressRelease.pdf
AN GARDA SOCHNA, A
POLICE FORCE MIRED IN
CONTROVERSY
AND CORRUPTION
October 3, 2016 Crime, Current Affairs, Politics 2 comments
Repeated allegations of systemic corruption have been
made by independent politicians and journalists
against sections of An Garda Sochna, Irelands
national police service, since at least the 1980s. These
accusations have ranged in severity from claims of
undue influence on the force by the main
establishment parties, the press and major business
interests to out-right criminality by individual officers.
These fears have been given renewed impetus in
recent years thanks to a handful of conscientious
whistleblowers in the organisation leaking stories of
Garda law-breaking to attentive TDanna and
Seandir. Of course the Garda, the Director of Public
Prosecutions (DPP), the Department of Justice and the
government as a whole (of whatever composition) have
sought to limit the damage caused by these revelations
rather than seek out their remedy.
As I argued back in February of 2014:
The importation, sale and production of illegal
narcotics generates huge revenues for organised
criminal gangs and their associates in nation-states
across the Western world. These black market
operations do not exist in isolation but are part of far
larger networks of co-operation that exist on both
domestic and international levels. Truly successful
narco-gangs survive in part because they have
suborned a significant portion of the citizenry they
work among: specifically those in positions of power
and influence, and those who can impede or
facilitate their criminal enterprises. This has been
observed in several Latin American countries, in
Asia, in Africa and in a number of European
territories. So can we really believe the repeated
assurances that our island nation (where several
underworld gangs have diversified or morphed into
narco-terrorist organisations, deploying automatic
weapons, improvised explosive devices and no end
of willing recruits), is free of corruption in the
spheres of politics, policing and the judiciary?
That lack of confidence in the moral probity of the
institutions of the state is even more apparent two
years later. From a report in last weekends Sunday
Times newspaper:
Garda aided drug dealer, finds inquiry
An internal investigation into allegations of
gardai collusion in heroin dealing in a
midlands town has found evidence to
substantiate claims made by a police
whistleblower in 2014.
The inquiry has also established that a senior
garda was warned about fears of corruption
in the force by members of the drugs squad
in 2009 but took no meaningful action.
According to security sources, the internal
inquiry concluded that one garda was in a
relationship with a female heroin dealer
One witness told investigators that he was
present when this garda alerted local
criminals to a planned garda search the
following day
The inquiry noted that in one notorious incident the
DPP was unable to proceed with the prosecution
of a known drug-dealer because it concluded that
members of An Garda Sochna in the small, rural
policing division were helping a rival gang eliminate
its competition.
The Broadsheet reminds us of a speech made in
Dil ireann on May 15th 2014, by the Sinn Fin TD
Pearse Doherty:
More than a month ago I was contacted by a
serving member of An Garda Sochna who
relayed to me very disturbing allegations in
regard to Garda practices in the Westmeath
division but not exclusive to that division. I
subsequently met with this garda and have
had a number of telephone conversations
with him since.
On the day that the former Minister for
Justice and Equality, Deputy Alan Shatter,
resigned, that garda called me and told me
that as a result of that resignation he now
had more faith in the confidential recipient
process
Garda Keith Harrison claims that as a result
of arresting a member of the drugs unit in
Athlone for drunk driving, that Garda
management maliciously set out targeting
him while the arrested garda was afforded
protection by Garda management.
He claims that a managerial review of his
high work returns and practices was
instigated and persons who had past
interactions with him in the execution of his
duties were invited by the Garda to make
complaints against him.
He claims that during this period from
September 2009 until March 2011, he was
office-bound while the garda he arrested,
who had been found with a high
concentration of alcohol, was still driving
official vehicles and carrying an official
firearm.
Garda Harrison makes serious claims about
how the drunk driving case was struck out of
court on dubious rulings and how evidence
relating to the case was stolen by a member
of the Garda.
He also claims that a member of the Garda of
officer rank stationed in the Westmeath
division prevented successful prosecution of
individuals in a number of cases.
On Monday, I met with Garda Harrison again.
At that meeting there was also Garda Nicky
Kehoe, who is another serving Garda
whistleblower, and who has made serious
claims in regard to the connection of a major
heroin dealer in the Midlands and a senior
member of the drugs unit.
At that meeting copies of sworn affidavits
were given to me from both garda. Garda
Harrison claims that he had suspicions about
a member of the Garda who was working
within the drugs unit who may have been
knowingly allowing the sale and supply of
drugs within the Athlone district and that he
had raised this with management, but he
claims that it fell on deaf ears.
On the same day there was also this contribution
to An Dil by Mick Wallace TD, of the Independents
4 Change grouping:
One such story comes from a former garda
called Jack Doyle. His story gained some
attention around 2000. He revealed some
serious drug involvement by garda in the
Cork area and at the time the Garda
authorities confirmed that undercover garda
had been involved in the importation of
illegal drugs into the State in what they
described as controlled operations.
However, a spokesman said that these
operations were necessary in order to bring
the leaders of criminal drug gangs to justice.
Garda management rejected calls for an
inquiry into claims made by Jack Doyle,
saying nothing inappropriate had occurred.
We got a 27-page report from Jack Doyle into
the background to what went on. I will read
less than a page of it. He was speaking with
one of the drug runners with whom he had
become acquainted:
He recounted to me how they had many
opportunities to arrest the boss of the
criminal gang but failed to do so. When
asked why, he replied, They have a senior
garda in their pocket. He then recounted an
incident in Rosslare when he was returning
with a shipment of drugs. A customs officer
stopped him and was about to search his
jeep when two plain-clothes garda
commandeered the jeep and drove out of the
terminal at speed, being pursued by customs
officers. A high-speed chase ensued and the
garda lost their pursuers. As a result of this
incident he said he would never personally
bring drugs in again.
He then proceeded to tell me about the
many runs he had done, bringing in cocaine,
ecstasy, cannabis and firearms. Massive
amounts of drugs were coming in and
quantities were allowed to get into the hands
of the criminal gang. He told me how he was
being well looked after financially by both
the criminal gang and the garda.
He then went on to tell me where he had
left a handgun in a wooden area in Cork. He
contacted a particular detective sergeant
and told him of the location, and drawing a
map in the area pinpointed it. On finding the
location, two garda threw in a number of
firearms to beef up the find. He explained
that the press reported it as a subversive
arms find. When I asked him why they would
do this, he replied, To further their careers
in the force.
Their careers have progressed and one of
them is now an assistant commissioner. He
was appointed by the former Minister,
Deputy Shatter, and this same individual was
involved in the Boylan case which entails a
very similar story to Jack Doyles.
Jack Doyles career did not progress. He
turned up at his place of work one day and
was told, Jack, youre not coming in here.
Youd better go home. Youre finished, Jack.
But, listen, youll be grand; well look after
your pension. He was forcibly retired. That
one of the garda involved is now an
assistant commissioner he could actually
be the next Commissioner emphasises how
important it is that the new Commissioner
should come from outside the State with a
new hierarchy built around him or her as
otherwise problems will not go away.
With suspicions that some serving garda have been
directly or indirectly complicit in drug-dealing,
gangland murders, the sexual abuse or
disappearance of children, and other crimes it is
worth remembering to what extremes the allure of
self-advancement will take some officers:
Senior Irish police officers planted fake IRA
bombmaking equipment and ammunition on
both sides of the Northern Ireland border to
reap praise for discovering them, according
to a report published yesterday.
The police from county Donegal in north-west
Ireland, went to bizarre lengths to
orchestrate high-profile bogus finds of
homemade explosives, bullets and fake
prototype IRA rockets in the early 1990s.
A PATTEN REPORT FOR A

REFORMED
GARDA SOCHNA
May 31, 2016 Crime, Current Affairs, Journalism, Politics Leave a
comment
In relation to the latest evidence of malpractice within
the ranks of An Garda Sochna, one cannot but help
feel that, as always, the continuity state is looking after
its own through the familiar tactics of dissemblance
and avoidance. Put these controversies on the long
finger, while making the appropriate noises of concern,
and sooner or later the news cycle will turn over. There
are obvious reasons for this strategy, not least the
benefits that many establishment figures have derived
from the culture of patronage and cronyism which has
characterized at least part of the Garda force since the
1920s (though let us not forget that there have been
several prominent members of the fourth estate who
have availed themselves of the self-same avenues of
malfeasance in recent years). The early-2000s saw the
lid partially lifted on the brown paper envelope
traditions of local and national government, of
councillors and TDanna, though with little long-term
benefit (as RT aptly illustrated before the last general
election). We have yet to see a similar exercise in
stone-lifting among An Garda to observe what grubby
things crawl beneath. Are the majority of garda
engaged in rule- or law-breaking? No, of course.
Is there a significant minority of garda engaged in
what we might term petty corruption, from the bending
of regulations to outright criminality? Undoubtedly, yes.
In some cases, particularly the Mary Boyle scandal, it
seems that petty would be better qualified as major.
Which brings to mind the question, do we need a
Patten Report and an associated package of root-
and-branch reforms for An Garda Sochna?
Unfortunately, the answer is an unavoidable yes.
Its not as if we were unaware of all this, as can be
seen in this Guardian article from 2004:
Senior Irish police officers planted fake IRA
bombmaking equipment and ammunition on both
sides of the Northern Ireland border to reap praise
for discovering them, according to a report
published yesterday.
The police from county Donegal in north-west
Ireland, went to bizarre lengths to orchestrate high-
profile bogus finds of homemade explosives, bullets
and fake prototype IRA rockets in the early 1990s.
The officers planted the hoaxes at a tense and
violent moment of Northern Irelands Troubles, just
before the first IRA ceasefire in 1994.
Their aim was to impress the Royal Ulster
Constabulary with their skills. The fake finds were
so elaborate and unchecked they fooled a Northern
Ireland minister who commended the Irish
government on the heartening success of one
operation.
The hoax finds began in 1993. Desperate for kudos,
Superintendent Kevin Lennon and Detective Garda
Noel McMahon enlisted an unusual Irish
businesswoman who was to make and deliver much
of their fake arms caches. Described by the judge
as mischievous, Adrienne McGlinchey, 28, was
said to be attracted by the attention and excitement
of becoming an IRA informer for the police
although she had never been a member of the
organisation.
When the police found out Ms McGlinchey was a
fraud they decided that rather than discard her they
would use her for the fulfilment of their agenda.
Over a period of more than a year she ground
fertiliser by hand in a coffee machine while
watching television in her flat, stored bomb-making
equipment in her bedroom, and delivered neatly-
packaged hoax weapons stashes.
She even made fake pieces of ammunition to the
police officers specifications, including a bizarre
metal tube with fins coming out of it. The Irish
police sought to convince the RUC that this was a
new prototype IRA rocket.
Ms McGlincheys charade to help the corrupt police
was so melodramatic it was described by one local
resident as reminiscent of the 1970s police show,
Hawaii Five-0.
On September 11 1993, Ms McGlinchey, at the two
officers guidance, carried a lunchbox containing
bullets and shotgun cartridges across the Northern
Ireland border into Strabane, in county Tyrone. She
had been instructed to leave the box behind a shop.
Supt Lennon wanted the package left in Strabane
so that he could demonstrate his skill to the RUC
by alerting them that it was there.
The RUC duly launched a large operation to close
and seal off part of Strabane where they found the
equipment.
This was the first of seven significant hoaxes that
have been detailed in the report. In Donegal Ms
McGlinchey helped police plant ammonium nitrate
and ground-up fertiliser in neatly divided domestic
freezer bags in several locations.
She transported the stashes by bus and once
allegedly in a police patrol car.
One of the caches was discovered by a man
walking his dog near a sweet factory in Letterkenny,
Donegal. Each time the officers were commended
on their work in making the finds, despite the fact
the IRA normally kept their fertiliser for bomb
making in fertiliser bags, not family freezer bags.
In July 1994 the officers spent months preparing
two caches of homemade explosives, including
ground fertiliser, in 70 plastic freezer bags which
they were to discover in farm outhouses in
Rossnowlagh, Donegal.
It was highly unusual to find IRA equipment in farm
sheds that were in use.
Or take this from the news and current website,
thejournal.ie, in 2015:
TWO FORMER SUPPLIERS to the Corrib gas
project told a jury they supplied 25,000-worth of
alcohol to garda in 2007 on behalf of Shell E&P
Ireland.
The allegations were made by Desmond Kane and
Neil Rooney, co-owners of OSSL, which had
previously supplied personal protective equipment
for the Corrib gas project in north Mayo.
Both claimed that a person from Shell E&P Ireland
asked them to buy alcohol in Northern Ireland and
store it in a container at the back of their premises
in Bangor Erris.
The two mens claims were made at Castlebar
Circuit Criminal Court last Thursday during the trial
of Gerry Bourke and Liam Heffernan, who were
charged with violent disorder following a protest in a
shell compound in Aughoose, Pollathomas.
Mr Bourke and Mr Heffernan were later found not
guilty by the jury.
Under oath, Mr Neil Rooney claimed that the first
delivery of alcohol to Belmullet Garda Station was
made in 2005, and that in 2007, he was asked by
Conor Byrne, a senior pipeline engineer with Shell,
to make a large delivery.
Mr Rooney, from Downpatrick, Co Down, said he
went to the north and bought 7,000 worth of
alcohol. When Mr Byrne saw the amount of alcohol,
Mr Rooney claimed he was told: you stupid c*nt
theres over 300 guards here, youll have to go back
and get more. He said he bought another 18,000
worth of alcohol.
When asked by Mr Brendan Nix, SC for Mr Bourke,
what happened to the alcohol, he said he
personally delivered two thirds of it to Belmullet
Garda Station and he named the garda who he
gave the alcohol to. The rest, he said, was to be
delivered to the Garda Sub Aqua Unit.
Desmond Kane, a native of Glasgow said OSSL
was set up in 2000 in Bangor Erris to supply safety
equipment for the Corrib gas project. In 2005 and
2006, he said requests were made by Shell to
acquire modest amounts of alcohol, which was to
be stored at their office in Bangor Erris in a
container for Shell to have and distribute.
Mr Kane claimed that the first consignment of
alcohol brought from Northern Ireland was bought
in the first week in December 2007, but it was not
enough and they were told to get more.
He said he was asked to bring a third of the alcohol
to Athlone Garda Station but was later changed to a
garage on the Athlone bypass. He said he was met
by a man and they off-loaded the alcohol.
Nirn O'Sullivan "was not
aware" of secret meeting
between former Garda
Commissioner and PAC
chairman
Fianna Fils John McGuinness told the Dil last week that he met with
the former Garda Commissioner Martin Callinan in a hotel car park two
years ago.
May 30th 2016,
THE GARDA COMMISSIONER has said that she was not

aware of a meeting between former Commissioner Martin
Callinan and Fianna Fil TD John McGuinness two years
ago.
Speaking last week in the Dil, McGuinness said that in
2014, while he was chairman of the Dils Public Accounts
Committee (PAC), he met Callinan in a Bewleys car park to
talk about whistleblower Maurice McCabe.
Speaking in the Dil last week, McGuinness claimed:
Every effort was made by those within the Garda Sochna at
senior level to discredit Garda Maurice McCabe.The Garda
Commissioner confided in me in a car park on the Naas
Road that Garda McCabe was not to be trusted and there
were serious issues about him.The vile stories that circulated
about Garda McCabe, which were promoted by senior
officers in the Garda, were absolutely appalling.
Addressing the claims from McGuinness this evening, a

Garda spokesperson said that Commissioner Nirn
OSullivan was not aware of any private meeting between
the two men.
The spokesperson reiterated earlier statements by
OSullivan on the value of whistleblowers in the force and
that the garda were determined to learn from our
experiences.
An Garda Sochna agrees that whistleblowers are part of
the solution to the problems facing the service, the
spokesperson said.
The Commissioner has recently appointed a Protected
Disclosures Manager and an appropriately trained dedicated
team will be established to oversee all matters related to
whistleblowers.
Calls for Callinan response
Earlier, Sinn Fins Mary Lou McDonald called for the
former Garda Commissioner Martin Callinan to give an
immediate response to the claims by McGuinness.
In his speech in the Dil last week, McGuinness said that the
political establishment was no help to McCabe and had
attempted to discredit him.
He had to bring forward various pieces of strong evidence
to protect his integrity, McGuinness said, referring to a
taped recording McCabe had of a meeting between himself
and two senior garda.
Every effort was made to ensure he would not appear before
the Committee of Public Accounts.
Every effort was made to dampen down the strong evidence
he put into the public domain, which he had to do to protect
himself, to inform us about what was going on with penalty
points and other issues.
Meeting in Bewleys car park
Speaking on RTs News at One, Mary Lou McDonald, who
was also a member of the Public Accounts Committee at the
time, said she also was not aware of the meeting between the
pair.
McDonald said she was conscious that there was no
appetite in the system for Maurice McCabe to appear before
the committee.
McGuinness today defended his decision to only reveal
details about the meeting last Thursday.
He said he did not bring the matter forward at the time as it
may have scuppered the Public Accounts Committee and
the testimony of McCabe.
I believe I was correct in doing it that way, he said.
The former PAC chair said he has gone public with the
information now as McCabes integrity continues to be
questioned today.
Culture within garda organisation
He said serious questions remain about the culture within
An Garda Sochana and said whistleblowers continue to be
under siege.
McDonald said she understood why McGuinness did not go
public about the meeting before McCabe appeared before
the committee.
She said she understood why he was fearful of derailing of
that process.
I think there was merit in that concern, she said, adding it
was well-founded.
It was extremely important to hear the testimony from
Maurice McCabe.
However, she said McGuinness should have brought the
information about the meeting to the OHiggins Commission
of Investigation.
McDonald said an immediate response from the former
commissioner was now needed.
She also wants to know what the nature of the exchange was
between the two, and asked what knowledge the current
Commissioner OSullivan had of these matters.
http://www.thejournal.ie/martin-callinan-mcguinness-2796184-
May2016/
Shell asked for 25,000 worth

of alcohol to be delivered to
garda in Mayo, court told
The detailed claims were made in a Mayo court last week.
Jul 21st 2015,
TWO FORMER SUPPLIERS to the Corrib gas project told a

jury they supplied 25,000-worth of alcohol to garda in
2007 on behalf of Shell E&P Ireland.
The allegations were made by Desmond Kane and Neil
Rooney, co-owners of OSSL, which had previously supplied
personal protective equipment for the Corrib gas project in
north Mayo.
Both claimed that a person from Shell E&P Ireland asked
them to buy alcohol in Northern Ireland and store it in a
container at the back of their premises in Bangor Erris.
The two mens claims were made at Castlebar Circuit
Criminal Court last Thursday during the trial of Gerry
Bourke and Liam Heffernan, who were charged with violent
disorder following a protest in a shell compound in
Aughoose, Pollathomas.
Mr Bourke and Mr Heffernan were later found not guilty by
the jury.
Under oath, Mr Neil Rooney claimed that the first delivery
of alcohol to Belmullet Garda Station was made in 2005, and
that in 2007, he was asked by Conor Byrne, a senior pipeline
engineer with Shell, to make a large delivery.
You stupid c*nt
Mr Rooney, from Downpatrick, Co Down, said he went to
the north and bought 7,000 worth of alcohol. When Mr
Byrne saw the amount of alcohol, Mr Rooney claimed he was
told: you stupid c*nt theres over 300 guards here, youll
have to go back and
get more. He said he bought another 18,000 worth of
alcohol.
When asked by Mr Brendan Nix, SC for Mr Bourke, what
happened to the alcohol, he said he personally delivered two
thirds of it to Belmullet Garda Station and he named the
garda who he gave the alcohol to. The rest, he said, was to
be delivered to the Garda Sub Aqua Unit.
Mr Rooney also claimed he was a witness to a protest at
Pollathomas pier on 11 June, 2007, when he was delivering a
portacabin. He described the day as the worst day of my
life. Protesters were climbing on his machinery, and Mr
Rooney claimed that Supt Joe Gannon, who was in charge of
policing, said to him:
I want to drive the f**kers [protesters] into the sea.
The jury was told that Mr Rooney made a statement about
the incident to Terry Nolan, the then CEO of Shell E&P
Ireland, in Shells offices in Bangor Erris.
He wrote the statement and I signed it. I was accurate and
truthful in the statement, he said.
Deteriorating relationships
However, Mr Rooney claims that on 21 September 2007, he
was in Dublin airport when he received a call from Mr
Nolan, who told him that he needed to change the
statement.
He claimed that Mr Nolan said the Garda authorities would
nail Joe Gannon to the cross for what he had said about the
protesters, and that he is our man, who needs protecting at
all costs.
Mr Rooney said that he refused to comply, and that his
companys relationship with Shell deteriorated rapidly
afterwards.
Desmond Kane, a native of Glasgow said OSSL was set up in
2000 in Bangor Erris to supply safety equipment for the
Corrib gas project. In 2005 and 2006, he said requests were
made by Shell to acquire modest amounts of alcohol, which
was to be stored at their office in Bangor Erris in a container
for Shell to have and distribute.
Mr Kane claimed that the first consignment of alcohol
brought from Northern Ireland was bought in the first week
in December 2007, but it was not enough and they were told
to get more.
He said he was asked to bring a third of the alcohol to
Athlone Garda Station but was later changed to a garage on
the Athlone bypass. He said he was met by a man and they
off-loaded the alcohol.
Investigation a joke
Last year, a Garda Sochna Ombudsman Commission
(GSOC) investigation into allegations found [no] evidence
of the purchase or delivery of alcohol to Garda stations, nor
of any misconduct of Garda members.
Supt Thomas Murphy was also appointed to investigate the
allegations, and Mr Kane told the jury that both he and Mr
Rooney met him in a hotel in Tallaght and spoke to him for a
number of hours.
Mr Kane also claimed he met with Johan Groenewald, an
official from GSOC, who investigated the allegations. He
claimed Mr Groenewald told him the investigation was a
f***ing joke.
Mr Kane said they fell out with Shell as a result, and that the
refusal to change the statement had cost us our livelihood.
He said all deliveries to Belmullet Garda Station were done
in unmarked vehicles, and the receipts for the alcohol were
destroyed.
Patrick Reynolds (prosecuting BL) chose not to cross-
examine Mr Kane and Mr Rooneys evidence, as he deemed
it irrelevant to the case. Judge Petria McDonnell ordered the
jury to disregard the evidence when deliberating on their
verdicts.
In a statement regarding the allegations made by Mr Kane
and Mr Rooney in court, Shell stated that there was no
substance to the allegations.
These allegations have been ongoing since 2010. Over the
last five years Shell has taken the allegations very
seriously. Three investigations, both internal and external
have taken place. Shell welcomes the findings of the
investigations by An Garda Sochna and GSOC, which
concluded that that there was no substance to the
allegations, the statement read.
http://www.thejournal.ie/shell-to-sea-alcohol-2228656-Jul2015/
GSOC finds no evidence of

booze deliveries for garda at
Shell project
It was alleged last year that a company contracted by Shell supplied
alcohol to Belmullet Garda Station.
Jul 10th 2014
AN INVESTIGATION HAS found no evidence that garda
in Mayo were supplied with alcohol by a company at the
Corrib gas project.
A number of allegations were made in the middle of last year
that OSSL, a company that procured materials and services
for Shell, had delivered 35,000 worth of alcohol to
Belmullet Garda Station in December 2007.
A report published this evening by the Garda Sochna
Ombudsman Commission (GSOC) found no evidence of the
purchase or delivery of alcohol to garda stations, nor of any
misconduct of garda members.
It warned that the allegations had the potential to
undermine public confidence in the force.
The report claims that the company that was the subject of
the report withdrew their cooperation with the investigation
once GSOC requested a number of documents such as bank
statements and proofs of purchase.
Numerous garda were interviewed as part of the
investigation.
These ranged from those who were named by the company
involved, and also those who were involved with the
station in December 2005, December 2006, and December
2007.
We hope that publicly explaining the proportionate, fair
and independent investigation of this matter will promote
confidence of members of the public and of the Garda
Sochna in police oversight in this country, the report
concludes.
REPORT, PURSUANT TO SECTION 103 OF THE GARDA SOCHNA ACT
(2005), INTO ALLEGATIONS OF PROVISION OF ALCOHOL TO CERTAIN
GARDA AND RELATED ISSUES
http://cdn.thejournal.ie/media/2014/07/20140710s103.pdf
Radio review: Hugh

McElvaneys damning,
flummoxing interview
The county councillors account of his role in RTs sting
speaks volumes about the atmosphere of impunity in Irish
politics
Tue, Dec 8, 2015, 16:45 Updated: Tue, Dec 8, 2015, 17:51
Mick Heaney
Speaking on the Joe Finnegan show on Shannonside Radio, Councillor Hugh
McElvaney spoke openly about asking for bribes and incriminating himself to
'show RT up'. Audio: Shannonside Radio
Its a live broadcast that has already become a sensation,
an unintentionally hilarious snapshot of a harried public
figure trying to maintain their dignity while caught in the
eye of a tremendous storm.
Irish police planted

bogus IRA weapons
Corruption inquiry finds senior officers hoped
to impress RUC
Senior Irish police officers planted fake IRA bombmaking
equipment and ammunition on both sides of the Northern
Ireland border to reap praise for "discovering" them,
according to a report published yesterday.
The police from county Donegal in north-west Ireland,
went to bizarre lengths to orchestrate high-profile bogus
finds of homemade explosives, bullets and fake prototype
IRA rockets in the early 1990s.
The officers planted the hoaxes at a tense and violent
moment of Northern Ireland's Troubles, just before the first
IRA ceasefire in 1994.
Their aim was to impress the Royal Ulster Constabulary
with their skills. The fake finds were so elaborate and
unchecked they fooled a Northern Ireland minister who
commended the Irish government on the "heartening
success" of one operation.
The stories you need to read, in one handy

email
Read more
The Irish government was struggling yesterday to contain

its embarrassment at the scathing report by the Dublin
judge Mr Justice Frederick Morris.
It was the worst indictment of police corruption in the
country's history according to opposition politicians.
Michael McDowell, the minister for justice, called it a "dark
day" for the Irish force, describing the hoaxes as
"frightening and unprecedented".
Two named officers were accused of telling "a tissue of
lies" to Mr Justice Morris's tribunal into police corruption in
Donegal.
Mr McDowell said up to 17 members of the Garda
Sochna in Donegal had been involved in gross
dereliction of duty or lack of candour.
The hoax finds began in 1993. Desperate for kudos,
Superintendent Kevin Lennon and Detective Garda Noel
McMahon enlisted an "unusual" Irish businesswoman who
was to make and deliver much of their fake arms caches.
Described by the judge as "mischievous", Adrienne
McGlinchey, 28, was said to be attracted by the attention
and excitement of becoming an IRA informer for the police
- although she had never been a member of the
organisation.
When the police found out Ms McGlinchey was a
fraud they decided that rather than discard her
they would use her "for the fulfilment of their
agenda".
Over a period of more than a year she ground
fertiliser by hand in a coffee machine while
watching television in her flat, stored bomb-making
equipment in her bedroom, and delivered neatly-
packaged hoax weapons stashes.
She even made fake pieces of ammunition to the
police officers' specifications, including a bizarre
"metal tube with fins coming out of it". The Irish
police sought to convince the RUC that this was a
new prototype IRA rocket.
Ms McGlinchey's charade to help the corrupt police
was so melodramatic it was described by one local
resident as reminiscent of the 1970s police show,
Hawaii Five-0.
On September 11 1993, Ms McGlinchey, at the two
officers' guidance, carried a lunchbox containing
bullets and shotgun cartridges across the Northern
Ireland border into Strabane, in county Tyrone. She
had been instructed to leave the box behind a
shop. Supt Lennon wanted the package left in
Strabane "so that he could demonstrate his skill to
the RUC by alerting them that it was there".
The RUC duly launched a large operation to close
and seal off part of Strabane where they found the
equipment.
This was the first of seven significant hoaxes that
have been detailed in the report. In Donegal Ms
McGlinchey helped police plant ammonium nitrate
and ground-up fertiliser in neatly divided domestic
freezer bags in several locations.
She transported the stashes by bus and once
allegedly in a police patrol car.
One of the caches was discovered by a man
walking his dog near a sweet factory in
Letterkenny, Donegal. Each time the officers were
commended on their work in making the finds,
despite the fact the IRA normally kept their
fertiliser for bomb making in fertiliser bags, not
family freezer bags.
Mr Justice Morris said it was "ironic" the police
officers had fooled the British government. In July
1994 the officers spent months preparing two
caches of homemade explosives, in-cluding ground
fertiliser, in 70 plastic freezer bags which they
were to "discover" in farm outhouses in
Rossnowlagh, Donegal.
It was highly unusual to find IRA equipment in farm
sheds that were in use.
Yet the then minister of state for Northern Ireland,
Sir John Wheeler, wrote to the then Irish minister of
justice congratulating him on the professionalism
of the Irish police. He said that their "invaluable
counterterrorist work" would prevent the death and
injury of innocent people.
The Irish government was last night considering
whether any prosecutions would be made.
The Morris tribunal into other aspects of corruption
in Donegal police continues
Former Garda Commissioner Martin Callinan and

Garda Commissioner Nirn OSullivan
Commissioner OSullivan was not aware of any

private meeting between former
Commissioner Callinan and Deputy
McGuinness as outlined by Deputy McGuinness in
the Dil.
In relation to whistleblowers, Commissioner
OSullivan has consistently stated that dissent is not
disloyalty and as a service we are determined to learn
from our experiences. An Garda Sochna agrees that
whistleblowers are part of the solution to the
problems facing the service.
The Commissioner has recently appointed a Protected
Disclosures Manager and an appropriately trained
dedicated team will be established to oversee all
matters related to whistleblowers.
Transparency Ireland has agreed to work with An
Garda Sochna to help ensure protected disclosures
and people making them are welcomed and protected
in An Garda Sochna.
Garda Commissioner Nirn OSullivan in a
statement released this evening.
Meanwhile
Lorcan Roche Kelly
You may recall the murder of Sylvia Roche Kelly.
The mother of two, from Sixmilebridge, Co
Clare, was murdered by Gerry McGrath, from
Knockavilla, Co. Tipperary, at The Clarion Hotel
in Limerick on December 8, 2007.
McGrath was out on bail for attempting to
abduct a child, on October 9, 2007 when he
killed Sylvia.
He was also out on bail for assaulting taxi driver
Mary Lynch in Virginia, Cavan on April 30, 2007.
Further to this
Sylvias husband and journalist Lorcan Roche
Kelly spoke to Sen ORourke this morning
about An Garda Sochna and his trust in the
same.
Lorcan Roche Kelly: I think the problem with
Noirin OSullivan this is nothing personal
against Noirin at all, Im sure shes a perfectly
good Garda is that she is a commissioner that
was appointed internally. She came up through the
system that exists within the garda for the last
however many years and its that system that has
been the problem. So, to get that system
reformed, I dont think Noirin OSullivan should
have the publics confidence in being able to
reform it because she is of that system. Like I
think if you look over the border, what we saw
in 2001 with the Royal Ulster Constabulary
being completely transformed into the Police
Service of Northern Ireland, its, Im not saying
we need to change the name of the Garda but
its that level of reform that the Garda now
need because they have resisted reform for so
long that the reform, I suppose, the actions
needed have built up to such an extent that
were nearly at a root and branch level of
reform.
Sen ORourke: Yeah but again that is very
central to her whole approach and thats whats
being seen now by the new Policing Authority.
Was it not a good starting point in itself? I
suppose its precious little consolation to people
like yourself and the [Shane] OFarrell family, for
instance. The Commissioner did say, we are
sorry the victims did not get the service they
were entitled to.
Roche Kelly: Isnt that the most mealy-mouthed
apology. Its like: Im sorry your coffee wasnt as
hot as you wanted it to be. Like this is much
more serious..
ORourke: Ah is it not a bit, and I accept now
that nobody knows apart from you and your
family the grief that youve had to endure but
would you not give her a bit more credit it than
that?
Roche Kelly: To be honest, after nine years and
after the, I suppose, the stonewalling weve
received over the years, its very hard for me to
look at a guard and say, ok, I trust your bona
fides in this. Like this apology came after the
OHiggins Commission, the apology, when the
writing was so clearly on the wall that then, ok,
now, an apology was necessary. So rather than
making a fulsome apology, the apology was
made as a press release, that I didnt receive,
Id to go on Twitter and ask, does any journalist
have this press release so at least I can see it.
ORourke: Have you had any direct personal
apology yourself, from the garda?
Roche Kelly: Last week I had a meeting with
some garda in Dublin with the idea of them
outlining the reforms theyre bringing in. So it
was, the idea of the meeting was to show what
reforms theyre bringing in to show this wont
happen again, I think is where we are.
ORourke:And they clearly would have been
senior. How senior garda were they? Was there
an assistant commissioner or deputy
commissioner among them?
Roche Kelly: No.
ORourke: And were you persuaded by what
you heard?
Roche Kelly: Again, Im probably the least
persuadable person when it comes to Gardai
reform but no it was..no, I think its as simple as
that, to be fair.
ORourke: And what would persuade you,
Lorcan?
Roche Kelly: I think, in order for a reformed
process to have credibility, the first thing you
need to say is, ok, the people that need to be
reformed shouldnt be the people that do the
reforming. Like, again, nothing personal against
Noirin OSullivan, Im sure shes a fantastic
person and shes a very good guard, but in
order to reform an organisation, you need to
bring in an outsider. Like, say, in the corporate
world, if you want to change a company, you
appoint a new CEO from outside because you
cant appoint an internal appointment because,
youll say, well thats just going to be more of
the same in the Garda. So the Garda, as an
organisation, have to be beyond reproach and
we have spent, I have spent nine years, the Irish
media have spent the last month and a half
reproaching the Garda, saying, look this is where
the problems are, what are you going to do to
address these problems?, how are you going to
address these problems?. Its a constant
drumbeat of a question that is landing at the
Gardas desk and, in order to address those
problems, they need to have an outsider come in.
And again, to look at what we saw what was
done over the border 15 years ago, so it is not
an impossible task but there has to be
willingness to do it.
ORourke: To what extant, Lorcan, are your views
informed by that experience, that nine years as you
say, in the course of which you took a legal action
which, I think, you knew would fail, seeking to get
fuller information. And then you had the dealings
with GSOC and youre still not satisfied that there
is sufficient accountability there clearly.
Roche Kelly: When I was doing the research,
one of the interesting statistics from GSOC that I
found out and you mentioned this yourself with
the exoneration of the garda in Cavan-
Monaghan at a previous report in 2011 was that
the way GSOC works is that they can make
recommendations for disciplinary action against
a guard but they have no power themselves to
implement disciplinary commission, that goes to
a senior guard. And in 2012, the year my
complaint came up, there was 5,600 complaints
against garda. Over 1,000, I think it was 1,017
of them were put forward for disciplinary action.
Of those 1,017, 69 resulted in some disciplinary
action. So, if youre a garda and a complaint is
made against you there is a less than 1% chance of
you facing any disciplinary action at all. Which,
some people could say a lot of the complaints
against garda may be spurious but I doubt 99% of
them are. Its the culture, and that needs to be
highlighted, because its a cultural problem,
rather than admit there are problems, lets
ignore the problem and move on as an
organisation and to move on within the garda
seems to me to mean, lets pretend none of
this happened.
Later
Roche Kelly: When my wife was murdered, our
daughter was in junior infants in primary school,
shes now in first year in secondary school. So
her entire primary school life has been based
on: where is the answer to these questions? And
I havent found them. And the only reason that I
havent found the answers to these questions is
because I have been stonewalled by the garda.
This entire, my entire thing could have been
sorted out with two phone calls and a letter
eight years ago.
ORourke: Did you get the answers in the
OHiggins report?
Roche Kelly: I got the answers, the factual play
that I had known all along. It was, why had the
garda not admitted that they had made a
mistake here; why have they not come out and
said, ok, if we had done our job right, Sylvia
would still be alive and heres what weve done
to address it. And like the OHiggins report, again,
ended with a kind of a thing that happens a lot in
Ireland where there are systematic problems where
many things failed, therefore no one should be
individually held responsible. And if thats the
response of the OHiggins commission, then the
book for that has to go to the top of the
organisation. And again, Im not saying Noirin
OSullivan is anyway incompetent or had any
hand, act or part in this but if the organisation is
fundamentally rotten or, I wont say corrupt, but
is damaged then it needs to be changed from
the top down.
ORourke: And what about the fact that there
was an open, international competition for the
Commissioner appointment, after Martin
Callinan resigned or was retired, whatever way
you want to phrase it, and she came through
that competition?
Roche Kelly: Again, I dont think its the fact
that the competition existed, I would
understand that wanted a challenging position
would look at the garda, the job of the head of
the garda, and say that might be a bridge too
far for me, to reform an organisation like that.
But if there is an open competition then have an
external candidate so internal candidates
cannot apply for it because it is a situation
where you need an external candidate.
Mary Lynch on Claire Byrne Live last night and
Justice Minister Frances Fitzgerald in the Dil this
afternoon
This afternoon.
Tnaiste and Justice Minister Frances Fitzgerald
fielded questions from Sinn Fin TD Jonathan
OBrien further to the reports that Garda
Commissioner Noirin OSullivans senior counsel
told the OHiggins Commission of Investigation
into Sgt Maurice McCabes complaints that
McCabe told two officers he was acting out of
malice.
The allegation was proven to be false after Sgt
McCabe produced a recording of his
conversation with the two Gardai and the
matter wasnt included in the final report.
Before Ms Fitzgerald took questions from Mr
OBrien, she mentioned the victims whose
experiences were looked at by the OHiggins
commission including that of taxi driver Mary
Lynch who appeared on last nights Claire Byrne
Live on RTE One.
However, Ms Fitzgerald called her by the wrong
name.
Ms Lynch was viciously assaulted by Jerry
McGrath who was released on bail before Ms
Lynch had made a statement. McGrath went on
to attempt to abduct a five-year-old girl and
received bail again. He then went on to kill
Sylvia Roche Kelly.
Ms Fitzgerald said:
It is disheartening to read of the experiences of
victims. We saw Mary Lyons [sic] last night on
RTE and we can see the horror that was visited upon
her and indeed other victims.
Following questions from Mr OBrien, Ms
Fitzgerald said:
Frances Fitzgerald: I believe we shouldnt lose
sight of the central fact that at the heart of the
report are the victims who were let down. I think
thats a very key point for all of us to note. And I
think our central focus should be on doing
everything possible to make sure what is
outlined in those investigations doesnt happen
again.
There are severe constraints on what I can say
about claims that have appeared in the media,
under the Commission of Investigation Act of
2004, which formed the legal basis for putting
the commission in place.
And I have a duty to respect the law and that
duty is not diminished by the fact that some
media reports have appeared, you know,
purporting to set out a small part of what may
or may not have been said.
I would obviously refer to the statement from
Garda Commission Noirin OSullivan where she
comments on her response to the report and
says that she accepts it in full and has put as
much information into the public domain as she
can do saying that shes legally precluded
under Section 11, saying any further and I
would just reiterate what she said in relation to
Sgt Maurice McCabes contribution that it is
valued and that the service is changed for the
better in response to the points and the issues
about which he complained.
Jonathan OBrien: Thank you, minister. Minister
the statement last night of clarity actually
clarifies nothing in my opinion. And I think there
is an issue here which needs to be clarified.
Because we have a situation where we have media
reports stating that theyve seen documentation
which alleges that the Garda Commissioner
instructed her legal team to insinuate malice on
behalf of Sgt McCabe. Now if that is the case then
somebody, in my opinion, calls into question her
credibility. Because is she saying one thing in
public and another thing in private to her legal
team, then theres an issue. Now, the other
scenario is that this documentation may not be
legitimate and if thats the case then you have a
situation where somebody close to the
Commission, more than likely close to the
Commission has passed on documentation
knowingly that is not factual and one can only
presume that somebody would do that to
undermine the Garda Commissioner herself
Meanwhile, from RTs Claire Byrne Live last
night after Ms Lynch recalled how she was
attacked and how the garda handled her case
Claire Byrne: Has anyone contacted you this
Garda Commissioner, Noirin OSullivan? The
previous Garda Commissioner Callinan?
Mary Lynch: No.
Byrne: This minister for justice, Frances
Fitzgerald?
Lynch: No. Nobody.
Byrne: Minister Shatter before her?
Lynch: No, and Id love to talk to some of them. I
would love to talk to both of them actually. Id
like to know why nobody has been made
accountable for what happened. Nobody like.
Everybody walks away with their hands clean.
ARRESTED FOR SPEAKING
IRISH in your own country,
WELCOME TO ANGLO-
IRELAND!
March 13, 2013
Sen Cuirrein, an Coimisinir Teanga or the

Language Commissioner, released his Annual Report
for 2012 at an event in Galway yesterday and it has
proven to be yet another dreadful year for
the advancement of civil rights for Irish-
speaking citizens in Ireland (you can read last years
2011 Report here). 2012 saw the highest number of
complaints yet, 756 in total, the vast majority relating to
practices or services provided by state bodies which
discriminate against Irish speakers.
Among the more notable incidents was the arrest by an
Garda Sochna in Dublin of a young man who replied
in Irish to questions put to him in English by the
Garda. Though completely innocent of any crime, and
later released without charge, he was taken in
handcuffs to a Garda station and held in custody until
an Irish-speaking Garda could be found to interview
him. Again, as the Language Commissioner makes
clear, this man, a citizen of Ireland,
was completely innocent of any offence and was
detained in custody because he chose to speak in Irish
when questioned; as is his legal right under the
Constitution of Ireland.
Senior management at An Garda Sochna are
organising an overhaul of procedures for dealing
with the public through Irish following an
investigation by An Coimisinir Teanga into an
incident in Dublin where a young man, who
attempted to conduct his business through Irish
when stopped by Garda in relation to a road traffic
matter, found himself arrested and escorted in
handcuffs to a Garda station where he
was detained until a Garda was found who could
deal with him through Irish.
An Coimisinir Teanga found that An Garda
Sochna had failed in this instance to comply with
a statutory commitment which recognises the right
of the public to conduct business with the force in
either official language, Irish or English.
An Coimisinir Teanga noted a Garda attitude in his
investigation, notwithstanding the constitutional
status of Irish, that Irish speakers should be dealt
with as if they were speakers of a foreign language.
The discourse during the investigation
placed using Irish and dealing with foreign
nationals in the same space, he said. The person
detained in the case was not involved in an accident
nor were there any allegations made concerning
speeding or driving under the influence of alcohol.
Not so much Ireland 2012 as Ireland 1912. Among the
main abuses noted in the report for last year are:
756 cases of difficulties or problems accessing
state services through Irish the largest number of
complaints from the public to the Office since its
establishment.
A total of 13 formal investigations were commenced
during 2012. Findings of breaches of individual
elements of language legislation were made against
An Garda Sochna; the Department of Justice and
Equality; the Department of Public Expenditure and
Reform; the Department of the Environment,
Community and Local Government; Ordnance
Survey Ireland; the Health Service Executive;
the Central Bank of Ireland; the National Transport
Authority; the University of Limerick; Ennis Town
Council; Donegal County Council; and Kildare
County Council.
2012 was not a vintage year for the promotion of
the Irish language in the public sector, and for every
one step forward there appeared to have been two
steps backwards, according to An Coimisinir
Teanga.
While statistics from the most recent Census
showed a positive trend from the previous one, with
a 7% increase in the number of people who have
Irish and those who use it daily, there was
considerable concern among Irish speakers about
the future of the Irish language and serious
apprehension about the States efforts in
its protection and promotion.
Three quarters of language schemes (statutory
language plans) agreed for state bodies under the
Official Languages Act had expired without renewal
by the end of 2012 with a quarter of them out of
date for three years or more.
Only 9 language schemes were agreed or renewed
during 2012, and at that annual rate of renewal the
current schemes might not be fully replaced for
twelve years, said An Coimisinir Teanga.
In 10 other cases, more than 6 years have elapsed
since the Minister for Arts, Heritage and the
Gaeltacht requested state bodies to prepare draft
language schemes but they remain to be agreed.
A further significant step was taken during 2012 that
could prove a dangerous precedent with regard to
the language scheme system: for the first time ever,
a scheme was amended to cancel an obligation that
had previously been confirmed when a member of
the public complained that the state body in
question was not in compliance with this obligation.
In other words the institutions of the Irish state are
actively and knowingly breaking the law in regard to
their legal obligations under the Official Language Act
of 2003. Or where they cannot breach the law (with
apparent impunity) they are twisting or amending the
law to suit themselves. But then the Irish state as a
whole under the Fine Gael-
Labour coalition government is in
the process of systematically rolling back a decades
worth of civil rights legislation for Irish-
speaking citizens in Ireland while starving Irish-
speaking communities across the country of resources
and legal protection.
One wonders how far all this has to go before the
institutional discrimination against Irish-speakers
that permeates the anglophone culture of the Irish
state is finally tackled head on? Or do the Irish-
speaking citizens of this nation need their own Derry
March of 1968 or their own Burntollet? Will it take
a Gaeilgeoir Battle of the Bogside before anyone will
take notice?
But then some would love to see the Irish-speaking
population beaten into the ground. Just look to
the Comments section of the Irish Independent or the
online Journal. So many anglophone voices filled with
subliminal violence, hatred, discrimination and racism.
As I said, beaten into the ground.
The 2012 Annual Report by An Coimisinir Teanga can
be read in full here (PDF). More analysis on the report
and its conclusions by Eoin Riain here.
Handcuffed for speaking Irish!
Tuesday, March 12, 2013
2012wasnotavintageyearforthepromotionoftheIrishlanguageinthepublicsector,andfor
everyonestepforwardthereappearedtohavebeentwostepsbackwards,
Intheannualreportfor2012ofSenCuirrein,An CoimisinirTeanga,
publishedthismorning(andavailablehereonthewbsite),welearnofan
incredibleeventinDublincitywhereacitizeninhisowncountrywasdetained
byforce,handcuffedandescortedtoastationfornothinglessthanexercising
hisconstitutionalrighttobedealtwithinhisownlanguage.TheCoimisinir
states,"Thepersondetainedinthecasewasnotinvolvedinanaccidentnor
werethereanyallegationsmadeconcerningspeedingordrivingunderthe
influenceofalcohol."Apparentlythedriver,whowasstoppedbytheGuardsin
relationtoaroadtrafficmatter,foundhim/herselfarrestedandescortedin
handcuffstoaGardastationandwasdetaineduntilaGardawasfoundwho
coulddealwithhimthroughIrish.
The Comisinir's report says:

The complainant said that the experience left him shamed and insulted and I was told
several times that I did not have a right to conduct business through Irish, that I should desist
and that I would not have been arrested if I hadnt spoken in Irish. It was approximately one
hour from the time of my arrest to my release but I felt under threat and nervous all the time.
I am convinced that I was arrested for speaking Irish and for that reason alone. Their excuse
was that I was refusing to give them my licence but that was not true at all. I am very
disappointed, angry and upset about what happened and about the lack of respect and the
infringement of my rights (trans.)
Irishisaforeignlanguage!
AsaresultoftheinterventionbytheCoimsinirTeangaSeniormanagement
atAnGardaSochnaareorganisinganoverhaulofproceduresfordealing
withthepublicthroughIrish.Henotedthatnotwithstandingtheconstitutional
statusofIrish,itwasclearthatIrishspeakersweredealtwithasiftheywere
speakersofaforeignlanguage.Thediscourseduringtheinvestigationplaced
usingIrishanddealingwithforeignnationalsinthesamespace,hesaid.
HewasstruckduringtheinvestigationbythefactthatGardawhohadreceived
theireducationwithinthiscountrysschoolssystemandhadfinishedtheir
traininginTemplemoresomeshortyearspreviouslyhadinsufficientcommand
ofIrishtoaskadriverwhenstoppedattheroadsideCadisainmduit?or
seekhisaddressthroughIrish.Additionally,therewasnoadequatesupport
systeminplacetofacilitatetheirinteractionwithamemberofthepublicwho
soughtinthissituationtoconducthisbusinessthroughIrish.(Seealso
paragraph"CompetanceinIrish"below!)
The Findings:
The investigation made a finding of fact that the driver would not have been arrested under
section 107 of the Road Traffic Acts 1961-2011:
if he had spoken English;
if either of the two Garda had sufficient Irish to establish the drivers identity at the
roadside; and
that the Garda Sochna authorities had provided insufficient information to make members of
the force aware of the language duties in their language scheme so as to ensure that
members who stopped a driver in these circumstances would know how to manage the
situation;
that, notwithstanding the language duty that was contained in their language scheme, the
Garda Sochna authorities had not put in place any clear protocol to cater for a situation
where a member of the public, who was stopped on the roadside but had not been
arrested, sought to make the legitimate choice of conducting his business with An Garda
Sochna in Irish.
Positivemanagement
ThepositiveattitudeoftheGardaCommissionerandseniormanagementto
theimplementationoftherecommendationsImadeonfootofthisinvestigation
is a matter of some satisfaction to me and it appears that they sought to
introducesystematicchangeinordertoavoidarepetitionofsimilarincidents.
This involves promoting language awareness and training as well as the
developmentofnewpracticesandaprotocolinthisarea,hesaid.
Onestepforwardtwostepsback!
ThereportfromtheComisinir,whorunsaveryimpressiveandefficient
office,isfortheyear2012.Interestinglyenoughtheefficiencyinthisofficein
presentingtimelyannualreportscontrastsmarkedlywiththatofForasna
Gaeilge,whoselastannualreportisfor2009.
Complaints to the office in An Spidal were up by some 3% and the

Coimisinirinstigatedsome13formalinvestigationsduringtheyear.Breaches
inthelawwerefoundnotonlyontheGardaSochnabutalsotheDepartments
ofJustice,PublicExpendature&Reform,Environment&LocalGovernment,
OSI,HSE,CentralBank,NRA,UniversityofLimerickandlocalauthoritiesin
Ennis,KildareandDonegal.
2012wasnotavintageyearforthepromotionoftheIrishlanguageinthe
publicsector,andforeveryonestepforwardthereappearedtohavebeentwo
stepsbackwards,accordingtoAnCoimisinirTeanga.
WhilestatisticsfromthemostrecentCensusshowedapositivetrendfromthe
previousone,witha7%increaseinthenumberofpeoplewhohaveIrishand
thosewhouseitdaily,therewasconsiderableconcernamongIrishspeakers
aboutthefutureoftheIrishlanguageandseriousapprehensionaboutthe
Stateseffortsinitsprotectionandpromotion.
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Languageschemes
Threequartersoflanguageschemes(statutorylanguageplans)agreedforstate
bodiesundertheOfficialLanguagesActhadexpiredwithoutrenewalbythe
endof2012withaquarterofthemoutofdateforthreeyearsormore.
Only9languageschemeswereagreedorrenewedduring2012,andatthat
annualrateofrenewalthecurrentschemesmightnotbefullyreplacedfor
twelveyears,saidAnCoimisinirTeanga.
In10othercases,morethan6yearshaveelapsedsincetheMinisterforArts,
HeritageandtheGaeltachtrequestedstatebodiestopreparedraftlanguage
schemesbuttheyremaintobeagreed.
Dangerousprecedent
Afurthersignificantstepwastakenduring2012thatcouldproveadangerous
precedentwithregardtothelanguageschemesystem:forthefirsttimeever,a
schemewasamendedtocancelanobligationthathadpreviouslybeen
confirmedwhenamemberofthepubliccomplainedthatthestatebodyin
questionwasnotincompliancewiththisobligation.
ThelanguageschemewasthatoftheDepartmentofJusticeandEquality,and
theobligationinvolvedwasafairlyinnocuousonethatcostlittleandwas
relativelysimpletoimplement:arequirementthattheFitforviewingsection
ofvideo/DVDlabelssuppliedbytheIrishFilmClassificationOfficebe
producedinbilingualformat.
TheDepartmentitselfhadidentifiedthiscommitmentasapriorityinits
languagescheme,andratherthanensuringitsimplementation,acomplaint
fromamemberofthepublicresultedeventuallyintheremovalofthe
commitment.
IinformedtheDepartmentofArts,HeritageandtheGaeltachtthatitwas
unacceptableifastatebodywhichwasunhappywithacomplaintorwhich
hadafindingmadeagainstitcouldsuccessfullyappealtotheDepartmentto
begrantedtheannulmentofsuchanobligationthatwaspreviouslyconfirmed
inalanguagescheme.Thiswouldbeasignificantregressionandarestriction
oftheprinciplesconcerningthepublicslanguagerightsasconfirmedin
languageschemesandwouldbeanadditionalblowtothecredibilityofthe
languageschemesystemasoperatedbytheDepartment,accordingtoAn
CoimisinirTeanga.
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Trafficsigns
Onfootofaseriesofcomplaintsfromanindividualabouttrafficsignsin
EnglishonlyinEnnis,Co.Clare,theOfficeofAnCoimisinirTeanga
conductedaformalinvestigationduring2012.EnnisTownCouncilhad
indicatedthatithadintendeddealingwithahistoricproblemoftrafficsigns
whichwerenotincompliancewithstatutorylanguagerequirementsina
plannedprogrammeonagradualbasisoveraperiodoftime,butareductionin
bothfinancialandpersonnelresourcesasaresultoftheeconomiccrisisleft
muchoftheissueunresolved.
ItwassignificantthattheCouncilhadinitiateditsownauditofthenumberof
trafficsignsnotincompliancewiththestatutorylanguageregulations,andin
onehalfofthetownalone332signswereidentifiedwhosevaliditywasin
doubt;onthatbasis,theremaybeupto650invalidpublicsignsinEnnistown.
Asignificantexpenditureofstateresourcesallocatedforbilingualsignagewas
usedforsignageinEnglishonlyinthesecases,notwithstandingthestatutory
obligationsthatwerebeingbreached.
ItisprobablethatEnnisisinnowayuniqueinthisregardandthatother
areasmayalsonotalwayshavecompliedwiththelegislationconcerning
bilingualsignage,butEnnisTownCouncilsownauditgivesanoverviewof
thescaleoftheproblem.Apersoncouldbeforgivenforsuspectingincertain
casesthatitmayhavehappenedthatapolicyofpersonalconveniencemight
havebeeninconflictwiththerequirementtocomplywithlongestablished
obligationsconfirmedinstatutoryregulations.Localauthoritiesrequirethe
publictocomplywiththelawinregardtothepaymentofrentandrates,refuse
andhouseholdcharges,andotherfees.Equally,localauthoritiesthemselves
arealsoobligedtoensuretheirowncompliancewiththelaw,including
regulationsconcerningbilingualtrafficsignage,saidAnCoimisinirTeanga.
CompetenceinIrish
AnabsenceofstaffwithcompetenceinbothofficiallanguagesoftheStateis
oneofthemainfactorsrestrictingstatebodiesintheirdeliveryofservicesto
thepublicinIrishaswellasinEnglish.During2012,theMinisterforPublic
ExpenditureandReforminformedAnCoimisinirTeangathatthe
responsibilityforthetrainingandevaluationofcompetenceinIrishintheCivil
Service,previouslyvestedinGaeleagras,wouldbetransferredtothe
DepartmentofArts,HeritageandtheGaeltachtfromthebeginningof2013.An
CoimisinirTeangasuggestedinareportonaninvestigationthatsuchamove
wouldbemerelyapretenceandawasteoftimeifitsimplyreinforcedagain
thesamedefectivearrangementswhichhavepatentlyfailedinover40yearsto
ensurethatthereisanadequatenumberofstaffwithcompetenceinIrishat
variouslevelsthroughouttheCivilService.TheMinisterforPublic
ExpenditureandReformhasagreedthatthetransferofservicestothe
DepartmentofArts,HeritageandtheGaeltachtwouldprovideanopportunity
toreformthecurrentpracticesandthathisowndepartmentwascommittedto
findingthemechanismswhichwouldensurethatdepartmentscouldaccessor
developtheskillstoprovidetheirservicesinabilingualmanner.
Merger
A Government decision was announced in November 2011 to merge the
functions of the Office of An Coimisinir Teanga with the Office of the
OmbudsmanaspartofthePublicServiceReformPlan.Itwasreannouncedin
November2012thatthemergerwouldgoaheadandthatthestatutorypowers
and functions of An Coimisinir Teanga under the Official Languages Act
2003wouldbetransferredtotheOmbudsmanbutwouldbedelegatedbackto
AnCoimisinirTeangabyamendinglegislationwhichwasnotyetpublished
bytheendof2012.AnCoimisinirTeangawouldcontinuetobeappointed
statutorily,bebasedintheGaeltachtandwouldcontinuetoperformthecurrent
functions of An Coimisinir Teanga in an independent manner under the
Official Languages Act. I have formally asked the Department of Arts,
Heritage and the Gaeltacht to allow my Office to have sight of the draft
statutory amendments and to publish the results of the public consultation
process on the review of the Official Languages Act as a prelude to any
discussiononthematter,saidSenCuirrein.
http://galltacht.blogspot.ie/2013/03/handcuffedforspeakingirish.html
The Irish language has played a central role in shaping our
culture.
Its influence is so deep-rooted that it has nurtured
Hiberno-English an Irish solution to an English
imposition. Because of our history it, like other suppressed
languages, has been afforded a political status, an
assumed patriotic integrity, replicated in other countries
once colonised. Whether this is permanent or even
relevant today is an open question. Despite that, and
despite the great emotional and almost spiritual
attachment some Irish people feel for the language, it has
not been central to Irish life for over a century.
Nevertheless, the 2011 census recorded a 7.1% increase
in the number of self-declared Irish speakers. Some 1.77m
people said they could speak Irish. However, and this
seems more pertinent, only 1.8% used it every day
outside of the education system.
This marginalisation was highlighted yesterday when An
Coimisinir Teanga launched his annual report in Galway.
Coimisinir Sen Cuirrein revealed that garda are to
get a laminated card carrying useful phrases in Irish. This
follows instances where a garda competent enough in Irish
to deal with the public through Irish was not immediately
to hand.
It is estimated that we spend something around 1bn a
year just teaching Irish. Other programmes add to that
cost. Foras na Gaeilge supports 19 Irish promotion
organisations with state funding. Television service TG4
got 32.75m in current funding from Government last
year. Its audience stands at something around 2% of the
population. Raidi na Gaeltachta has, it is believed, an
even smaller audience though official figures are not
available. It may be assumed that funding for RnaG
pushes the bill for Irish language broadcasting towards the
50m mark for just these two outlets.
Gaelscoileanna have been enthusiastically supported
though whether this reflects a commitment to the
language or something else is uncertain. So successful are
they that they may be the source of a new urban Irish
apparently incomprehensible to some native speakers.
Though Irish was afforded official language status by the
EU in 2007 a recent report suggested the language had
been spoken just nine times by ministers at EU meetings
in the last two years. In the EU parliament Irish took up
just 0.23% of the speaking time during plenary sessions
up to May 2012.
Even if the country was not bankrupt this litany of failure
would have to be considered. That we spend as much as
the current round of Croke Park talks hope to save on
teaching Irish every year 1bn seems at least
irrational in todays circumstances.
Economic criteria should not be the primary consideration
on this largely cultural issue but maybe it is time to be less
reverential, less deferential on the subject. After all, the
facts speak for themselves if Irish was as important to
people as some would suggest it would not need huge,
ongoing subvention to register the tiniest blip on societys
radar, it would be almost self-sustaining if not
regenerating. Current policies have failed and its time to
ask why we keep throwing good money after bad. Doing
that would not be an attack on Irish just an admission that
the vast majority of the population seem to be at best
indifferent on the subject and that the billions we have
spent on trying to popularise the language have been
largely wasted.
ItisinterestingtonotethattheGardaSochnaalsofeaturedinthe2011report
oftheCoimisinirTeangapublishedlastyear.
We Shall Overcome Civil Rights In Ireland The 1960s
Update 23.10, 13/03/2013: Ever feel like you are under
attack? Perhaps because you are.
Update 13.10, 14/03/2013: Okay. There has been a
lot of hate-messages coming my direction in relation to
this article. Some of it directly via email, Twitter or
Facebook. Some of it in the Comments facility provided
by the blog. I certainly seem to have annoyed a lot of
anglophone people in Ireland by highlighting the
erosion and abuse of civil rights for Irish-
speaking citizens in this country. Who knew so many
English-speaking Irish people identified with English
colonial ancestors? Who knew that so many English-
speaking Irish people regarded the pre-English Irish-
speaking population as uncivilized, barbarians,
savages and animals? What does that say about
their ancestry?
There have been several threatening messages or
Comments. Rather silly ones to be honest, not to be
taken seriously. And a lot of stuff about Jews and
Native Americans that would put the KKK to shame.
Ive passed the less extreme Comments. The full-on
Neo-Unionist and Neo-Nazi ones are in the moderation
queue.
Thanks to the many, many people on Twitter and
Facebook who sent private messages of support and I
understand why you didnt feel free to make them
public (for obvious reasons). Thanks also to the
emailers and the regular WordPress posse.
INSTITUTIONAL
DISCRIMINATION IN THE IRISH
STATE THE CULTURE OF AN
ANGLOPHONE STORMONT
April 25, 2012 Current Affairs, Politics, The Irish Language - An
Ghaeilge 3 comments
Catadn na ngearn de rir cineil (Percentage of complaints by
type)
If youve been wondering just exactly why the Fine
Gael Labour coalition government seems so utterly
determined to scrap the office of An Coimisinir
Teanga or the Language Commissioner, despite a
torrent of criticism and opposition both at home and
abroad, read on. Sen Cuirrein has released his
2011 Annual Report on the adherence to the
regulations governing the Official Languages Act of
2003 by public and state-funded bodies throughout
Ireland, and it has proved yet again to be
an absolute indictment of continued institutional
discrimination within the Irish state towards the nations
Irish-speaking citizens and communities.
The year 2011 was a busy and eventful one for the
Office of An Coimisinir Teanga.
At the same time, my Office laid two special reports
before the Houses of the Oireachtas with regard to
cases where public bodies had breached their
statutory language obligations but then failed to
implement the commendations made to ensure
compliance. The organizations involved the
Health Service Executive and the National Museum
of Ireland did not appeal to the High Court against
the decisions reached in the relevant investigations,
but they did not implement the recommendations
made by the investigations. This was the first time
since its establishment that my Office had to take
such action.
This relates to serious breaches
of the Official Languages Act by two branches of the
civil service, both of which astonishingly continue to
flaunt the law despite being publicly named
and shamed before Oireachtas ireann. The absolute
arrogance of elements of the Irish civil service
in relation to their legal obligations when it comes to
Irish is breathtaking.
Catadn na ngearn de rir cineil (Percentage of complaints by
type)
During the year, my Office dealt with 734 cases of
difficulties or problems accessing state
services through Irish the largest number of
complaints from the public to the Office since its
establishment. This represented an increase of 5%
on the number of cases in the previous year.
Particular significance attaches to an investigation
which found that An Garda Sochna stationed a
substantial number of members of the force, who
did not speak Irish, in the heart of the Donegal
Gaeltacht in breach of statutory obligations. Only
one of the nine Garda stationed in the parish of
Gaoth Dobhair spoke Irish. This occurred at a stage
when the status of Irish as a community language
in the Gaeltacht is more vulnerable than at any time
in the past. The State can hardly expect the Irish
language to survive as the language of choice of
Gaeltacht communities if it continues to require
people in such areas to carry out their business with
the State through English.
If one had any queries on the status of the Irish
language in modern Ireland its place is made quite
clear by the fact that in 2011 An Garda Sochna, our
national police service, continued to provide non-Irish
speaking Garda or police officers to serve in Irish
speaking communities. One is left wondering if
anything has changed since the days of the Royal Irish
Constabulary, the former British colonial police force in
Ireland?
As a result of two other investigations it was found
that the Department of Social Protection failed to
correctly award bonus marks for competence in
Irish and English in internal promotion competitions.
The system, which is in operation since 1975, was
set up as a replacement for compulsory Irish, and
it was designed to ensure that Irish-speaking staff
would be available at all grades in the Civil Service.
The Department of Social Protection did not appeal
the decision of the investigation to the High Court,
but neither did it implement the recommendations.
That in itself is a matter of concern but the situation
is made worse by the knowledge that the practice of
failing to award bonus marks correctly is common
throughout the Civil Service.
If bonus marks are not awarded for proficiency in
the two official languages in internal promotion
competitions at a time when little recruitment is
taking place in the Public Service and at a time
when the work of Gaeleagras, the Irish language
training body for the Public Service has been all but
terminated, it is very difficult to see how the quantity
and quality of state services through Irish could be
improved.
Scimeanna imithe in ag (Schemes expired)

Again, what is this but institutionalised discrimination
and the determination of anglophone supremacists
within our state services to remove Irish as a language
of government?
In 2011, my Office continued a programme of
detailed audits of public bodies in order to
monitor compliance with the provisions of the
Official Languages Act. The monitoring capacity of
the Office was mainly focused on the
implementation of language schemes. It is clear
from the completed audits that the majority of public
bodies do not succeed in fully implementing all
commitments given in their language schemes
within the lifetime of the schemes. Often, the
commitments that are not implemented are the very
ones most likely to be of benefit, such as the
availability of Irish language versions of websites
and online services and interpersonal services in
Irish.
Do people understand what is happening here? This
is deliberate and wilful criminality by sections of the
civil service. These are public officials who have
abrogated to themselves the right to ignore the law.
Indeed to act outside it.
There then follows one of the most condemnatory
parts of the entire report:
The system of language schemes is at the very
heart of the legislation and we rely on the language
scheme system to improve the quantity and quality
of much of the services provided in Irish by public
bodies.
During 2011, the Minister for Arts, Heritage and the
Gaeltacht confirmed only one new language
scheme.
In total, 105 language schemes have been
confirmed by the Minister to date, but by the end of
2011, 66 of these had expired. This means that no
second scheme has been confirmed for two thirds
of public bodies, a development that would have
increased the supply of services through Irish that
could be expected from those public bodies.
At least 20% of the language schemes had expired
for more than three years and a further 20% for
more than two years.
The following were among the public bodies whose
language schemes had expired for long periods at
the end of 2011: the Office of the President (three
years and eight months), the Arts Council (three
years and six months), Office of the Ombudsman
(three years and six months), the Courts Service
(three years and five months), Galway County
Council (three years and four months), the Revenue
Commissioners (three years and three months),
and the Department for Education and Skills (three
years and one month).
In addition to the above, 28 other public bodies had
been asked to prepare a first draft scheme but
by the end of 2011 these schemes were still not
confirmed by the Minister for Arts, Heritage and the
Gaeltacht. In the case of ten of those, more than
five years had elapsed since they were initially
asked to prepare a draft scheme, in two other cases
four and a half years had elapsed. It is of particular
significance that four years and seven months had
elapsed since the HSE was requested to prepare
a draft language scheme; this is an organisation
with very close ties to the community and where
almost a third of public sector employees work. It is
almost three years since An Post was asked to
prepare a draft language scheme and more than
two years since the Office of the Houses of the
Oireachtas, RT and the National Roads Authority
were asked to prepare schemes.
By year end, no language scheme had been
confirmed for the Department of Arts, Heritage and
the Gaeltacht, which was formally established on
June 1st 2011.
Last years statistics show that matters have
undoubtedly been allowed to slide out of control
and that the system for the confirmation of language
schemes appears now to have failed completely. I
regret to say that I am of the opinion that it will prove
next to impossible to re-establish confidence in that
system.
Considering that the language schemes
were regarded as the minimal method
for implementing some form of limited equality between
the nations Irish and English speaking citizens in the
eyes of the state, the decision by large
sections of the state to conspire to deny those rights by
simply refusing to implement full or adequate language
schemes is a scandal. Furthermore the hundreds of
complaints by Irish citizens in relation to discrimination
at the hands of public servants or other breaches of
the law by public bodies come from right across the
country, 79% from outside the Gaeltachta or Irish-
speaking regions, with 50% in Dublin alone (an
increase of 9% from 2010).
Gearin An Ghaeltacht agus lasmuigh den Ghaeltacht

(Complaints Gaeltacht and non-Gaeltacht)
What is required by the Irish state, and the civil service
that comprises so much of it, before it will recognise
and accept the right of Irish-speaking citizens, Irish
men, women and children to full equality under the law
with their English-speaking peers? When will the
culture of an Anglophone Stormont in our public
institutions be faced head on?
Gearin de rir contae (Complaints by county) Gearin de rir
cinel comhlachta phoibl (Complaints by type of public body)
After 90 years of waiting, and some might
say centuries of waiting, what will it take for equality
between Irish Ireland and English Ireland to be
reached in our lifetimes?
Or do the Irish-speaking citizens of this nation need
their own Derry March of 1968 or their own Burntollet?
Will it take a Gaeilgeoir Battle of the Bogside before
anyone will take notice?
We Shall Overcome Civil Rights In Ireland The 1960s
Scandal thrives when probity is cast

aside
Saturday, February 11, 2017
EVERY scandal that damaged the trust in one public
organisation after another; every expos of snouts-in-the-
trough sleaziness or the sexual abuse of children that has
broken the relationship between one institution after
another and the citizens of this Republic has a common
theme.
That theme is a constant in public discourse but it is far

more active in the imagination than in day-to-day life.
It is an issue we must confront quickly if we are ever to
move beyond the institutionalised slapdash and the
vaguely corrupt.
It is one we will have to embrace if we are to rebuild the
trust essential institutions once enjoyed.
Unless we do so we face the kind of political upheaval
once thought laughable but unfolding across Europe and,
spectacularly, in America.
This challenge faces every entity from our parliament to
the Catholic Church, every institution from our discredited
banks to the scandal of the HSE waiting lists despite the
gallant, exhausting efforts of most of its staff.
This morning An Garda Sochna, Commissioner Nirn
OSulivan and some senior officers, our justice system,
Tusla and a long list of politicians are mired in an
escalating scandal that might not have grown legs if we
did things differently, if we had a more demanding culture
around public and private probity.
The issue once again pushed to the very forefront by the
incendiary McCabe affair, is accountability, or more
precisely, the absence of accountability stretching across
all society.
That absence stretches from the unacceptable situation
where a man with nearly 500 previous convictions was
recently sent to jail for 18 months after he pleaded guilty
to careless driving while drunk causing the death of a
teenager; it stretches to the banking collapse nearly a
decade ago and the fact that not one senior banker has
faced meaningful sanction; it stretches to the fact that the
Catholic church has not met its obligations to the victims
of clerical sexual abuse; it stretches to the fact that those
convicted of pollution face derisory sanctions.
The list of illusory supervision, of illusory sanction, is
almost endless because we are enthusiastic about making
laws but far less so about enforcing them.
Minister Shane Ross baby-with-the-bathwater proposals
on drink driving are the latest example of that foolishness.
The McCabe scandal is so complex and the issues it raises
are so very explosive that every statement on it, every
opinion offered on it, must be framed with Texan-scale
wriggle room.
Everyone involved, though this is almost impossible, must
be considered innocent until proven otherwise.
Nevertheless, the allegations are so disturbing, the
circumstances so fantastic that Mr Justice Charleton can
hardly complete his inquiry quickly enough.
What that inquiry will make of the implausible cut-and-
paste explanation and the timescales involved in
acknowledging that clerical error will be pivotal,
especially as they fuel the kind of narrative so beloved by
conspiracy theorists.
Some years ago we were fobbed off with the distraction
that anger is not a policy, Indeed it is not but in this
scandal and in others where accountability is as elusive as
a unicorn that can knit it seems an obligation.
Sgt Maurice McCabe.

treated.
the issue.
on Thursday.
inquiry.
statement.
Examiner.
said.
than him.
Sergeant Maurice McCabe finds it hard to believe false
claims made against him arose from an honest mistake in
how the case was processed, but social work experts have
not ruled out the possibility that this weeks revelations
simply highlight systemic issues in how such cases are
handled.
Thursdays dramatic developments exposed how the
garda whistleblower found himself receiving a letter from
Tusla in January last year about the allegation which
stated: We will have to decide if you pose a risk to
children. There are two key questions: who made the
clerical error which set off the false allegation, and when?
In August 2013, abuse allegations were made by a young
woman to a counsellor, who then contacted Tusla and the
garda. According to one senior social worker who spoke to
the Irish Examiner yesterday, the error the attaching of
a false accusation of serious abuse against Sgt McCabe
could have been made at this point.
It could have been something as simple as the counsellor
making more than one referral at the same time. Or typing
up notes from a pad incorrectly. Or cutting and pasting an
allegation from a different case under the name of Sgt
McCabe.
advertisement
What seems less likely, according to the social worker, is
that the error was input later after the initial referral to
Tusla, mainly because if a standardised referral form was
used, it tends to not be changed once received by Tusla.
Another social worker Joe Mooney, who is now based at
the Unesco Child & Family Research Centre at NUI Galway,
said even a phone referral would have resulted in the
counsellor subsequently sending in a written referral.
While everything is speculation until the gaps are filled in,
he proposed that the initial error might have been made
by a counsellor and that the second error was made by
Tusla in not completely closing off the file when it deemed
in 2014 that the false accusation was due to a clerical
error.
It seems like this is a complete coincidence but it exposes
a monumental failure, he said. Given the huge caseloads
faced by social workers, those involving retrospective
allegations can go to the bottom of the pile. Despite
seeming to draw a line under the allegation in 2014, the
file still found its way to a social worker who then sent Mr
McCabe the letter just over 12 months ago.
And he asked: How many other cases are being fumbled
like this?
Garda Commissioner Nirn OSullivan has repeatedly
denied knowledge of issues at the heart of the
whistleblower scandal.
February 2017:
January 2017:
RTs Sean ORourke.
individual.
October 12, 2016:
October 7, 2016
May 30, 2016:
May 2016:
inn Fin have said they are to table a motion of no
confidence in the Government "without delay".
Announcing the motion of no confidence, Sinn Fin Deputy
Leader Mary Lou McDonald branded the Government a
"kick for touch, cover up" government.
Deputy McDonald said: "People the length and breadth of
Ireland are rightly outraged by what has transpired over
the course of the last week. The Government is clearly
unable to deal with the major issues facing our people.
"The hospital waiting list scandal has exposed the
government's complete failure to deal with the crisis in our
health service.
"The manner in which they have handled the scandalous

campaign of character assassination against Sergeant
Maurice McCabe renders this government unfit for public
office.
"The behaviour of government, particularly over the last

week, has eroded public confidence in this coalition in the
most fundamental and profound ways."
She said that the Government's "chaotic behaviour and

blatant disregard" for transparency necessitates a General
Election.
She said: "Sinn Fin will table a motion of no confidence in

this kick for touch, cover up government without delay.

confidence from all opposition TDs and Fianna Fil."
Update 3pm:Sinn Fin President Gerry Adams has called

for a General Election.
Deputy Adams was speaking in Belfast this afternoon on
the controversy surrounding Sergeant Maurice McCabe.
Mr Adams said: "The Fine Gael-led government is one

without authority. It is stumbling from one crisis to another
- in health, in housing, in homelessness.
"They have covered up on the NAMA scandal and they are

now playing the public for fools on the
Garda/Tusla/McCabe controversy.
"Fine Gael is in power only by dint of patronage from

Fianna Fil, and Fianna Fil is keeping the wreck afloat.
"Citizens are scandalised by the arrogance of Enda Kenny

and his Cabinet colleagues. The Taoiseach should do the
right thing. So should Michel Martin. He should withdraw
his support for the government."
Mr Adams said that if his party was in government, they

would not tolerate it.
He added: "People deserve an election. They deserve to

have their say on all of these matters.
"The Sinn Fin Chief Whip has written to the Business

Committee in the Dil seeking a debate on the
Commission of Investigation to be brought forward to
Tuesday to allow the Tnaiste and the Minister for Children
to clarify their positions.
Update 1.30pm:The Health Service Executive (HSE) has

apologised unreservedly to Garda whistleblower Sgt
Maurice McCabe for the distress caused to him on foot of
its error.
In a statement released today, the HSE said there was an

administrative error in its counselling service which led to
an allegation being mistakenly handled.
The error has been the subject of a major political

controversy this week.
In its statement, the HSE said that in July 2013, an

allegation of retrospective abuse was made against Garda
Sgt Maurice McCabe.
In line with process, the HSEs National Counselling

Service referred this allegation to HSEs Child Protection
Services (now Tusla). This matter has been reported quite
extensively in the media over the past 48 hours.
"The HSE wishes to confirm that there was an
National Counselling Service in the referral made at that
time (August 2013)," the statement added.
This administrative error was brought to the attention of

the National Counselling Service in May 2014.
The National Counselling Service responded immediately

in May 2014 by bringing this error and a corrected report
to the attention of Tusla and an Garda Siochana, the HSE
said.
"In line with usual process, the error was brought to the
attention of the HSEs Regional Manager for Data
Protection and Consumer Affairs. The National Counselling
Service would have had no further involvement in this
matter once the corrected report was provided to Tusla
and an Garda," it continued.
The HSE is satisfied that correct procedure was followed

National Counselling Service, it added.

Service to ensure that such an error would not reoccur.
Appropriate training was also undertaken. Additional
concerned," the HSE said.
As a result, the HSE said it is apologising unreservedly to

Mr. McCabe and his family for the distress caused on foot
of this error.
"The HSE is making arrangements to offer this apology

formally to Mr. McCabe as soon as possible," the
statement added.
In conclusion, the HSE said it will fully co-operate with any

Inquiry or Investigation into this matter.
Update 12.45pm: Sinn Fin has called on the Justice
Minister to come before the Dil to tell deputies what she
knew about a meeting between Minister Katherine
Zappone and Garda whistleblower Sergeant Maurice
McCabe.
Frances Fitzgerald says she was aware of the meeting -

but the Tnaiste has indicated she wasn't aware the Garda
whistleblower was the subject of baseless sexual offences
allegations that were on the files of the child protection
agency Tusla.
Sinn Fin is claiming her version of events doesn't stand

up to scrutiny.
The party's Justice spokesperson Jonathan O'Brien believes

Minister Fitzgerald misled the Dil, and needs to set the
record straight.
"Now it is unconceivable and it's just not credible that

Minister Fitzgerald did not pose the question to Minister
Zappone 'why are you meeting the most high-profile
Garda whistleblower in the history of the State."
Sinn Fin Children's spokesperson Donnchadh Laoghaire

TD has expressed deep alarm that the file was held, and
widely circulated, and has called on Tsla to come before
the Joint Oireachtas Committee on Children and Youth
Affairs to outline the situation and clarify whether there
are any other similar cases.
Deputy Laoghaire said: The fact that such a file,

concerning very serious, but unfounded allegations, was
held by Tsla, unbeknown to Sgt McCabe, but appears to
have been widely known amongst other high ranking
Garda in the force raises some questions and many
concerns in relation to Tsla's practices.
These allegations, which have since been found to be

untrue, are damaging to the character of Sgt Maurice
McCabe, and he is at the very minimum deserving of a
public apology on behalf of Tsla.
Tsla receives allegations of this nature regularly, and

has to treat all information with care, but the manner in
which this information was made widely available to
others in senior roles within an Garda Sochna due to a
clerical error is questionable at best, and quite sinister at
worst.
Earlier: The Children's Minister says it would have been

inappropriate for her to brief the cabinet on what was
discussed during her meeting with Garda whistleblower
Maurice McCabe.
It has emerged that both the Taoiseach and Tnaiste had

been told that Katherine Zappone was meeting Sergeant
McCabe, but not the reasons why.
The statement from a spoksperson from her department

read: "Minister believed Tusla would be subject to
investigations by the Commission of Inquiry.
"It would have been highly inappropriate for the Minister
to brief the Cabinet on confidential, highly sensitive and
personal information which one could reasonably assume
was the subject of a protected disclosure, which was
leading to the establishment of the Commission."
An earlier statement said she had informed 'relevant

government colleagues' about the meeting - but as yet
she has not revealed who she was referring to.
The Cabinet is expected to discuss the matter further

when it meets again next Tuesday.
Meanwhile, Garda Commissioner Nirn OSullivan has

repeatedly denied knowledge of issues at the heart of the
whistleblower scandal, writes Caroline O'Doherty.
February 2017:


January 2017:

RTs Sean ORourke.

individual.
October 12, 2016:

October 7, 2016:


May 30, 2016:


May 2016:


http://www.irishexaminer.com/viewpoints/ourview/scandal-thrives-
when-probity-is-cast-aside-442639.html
Leaders Questions: Mick Wallace
discussing Garda Malpractice with
Taoiseach Enda Kenny
Mar 31, 2015
https://www.youtube.com/watch?v=00s5ptEQ_us
PLENTY OF SINISTER
FRINGES TO GO AROUND
November 20, 2014 Current Affairs, History, Military, Politics
Britains death squads in Ireland will justice ever catch up with

the killers?
From a report by the Irish Sunday People newspaper
in July 2004:
At least three Garda officers in the scandal-hit force
in Donegal were secret agents for British military
intelligence, The Irish People can reveal.
Garda Special Branch detectives have launched a
secret probe into finding the to date un-named
moles who supplied intelligence on IRA suspects
directly to the shadowy British Army outfit, the Force
Research Unit.
The officers were paid for their work for the British
side but always claimed they carried out the work
to help defeat the Provos at a time when it was
claimed that some Garda officers werent doing all
they could to stop the IRA. We understand that a
secret team of Branch detectives have now been
tasked with finding those moles.
The probe comes after the Morris Tribunal slammed
two senior Garda officers for faking arms finds in
order to boost their careers in the 1990s. Detective
Garda Noel McMahon is to be asked to resign by
Garda Commissioner Noel Conroy. He and
Superintendent Kevin Lennon had been suspended
during the inquiry by Mr Justice Morris into
allegations of corruption and now face being booted
off the force.
It is understood the first objective will be to officially
rule out any foreign dimension in the
Lennon/McMahon affair. The bogus arms finds
caused confusion in the ranks of the IRA at the time
because quarter masters of local units knew the
explosives didnt belong to them.
The Provos conducted a number of inquiries and
we understand they concluded the finds were the
work of an official Garda dirty tricks operation
designed specifically to hit IRA morale.
The special Garda unit set up to probe British moles
in the force has a number of suspects. They have
been going through the personal finances of several
officers with a fine tooth comb.
Justice Minister Michael McDowell has been kept
informed of the moles probe.
Its known that Garda officers working for the British
security services would have received large cash
rewards.
The Irish People understands that in the late 1980s
and early 1990s the FRU rated Garda officers at the
top end of the payments scale.
An officer providing regular information on
republicans could expect at least 200 per week as
a retainer. He would then get substantial cash
bonuses of anything up to 5,000 for top grade
information. On average, Garda officers working for
the FRU could bring in an extra 25k to 40k on top
of their salary.
Responsibility for hiding that cash so as not to
arouse suspicions rested with the informers but
the FRU would often help set up foreign bank
accounts that couldnt be traced by the Irish
authorities.
At least four senior Garda are expected to be
dismissed or resign as a result of corruption.
In light of the above allegations and numerous others
you might well ask how many Garda have
been charged with espionage offences over the last ten
years? To which the answer is zero.
And just in case you think a press article from 2004
represents ancient history remember the 2012
allegations made by the Irish and British medias
favourite super-spy Ian Hurst (pseudonym Martin
Ingrams). In sworn testimony to the Smithwick Tribunal
the chameleon Hurst stated that members of An Garda
Sochna, glaigh na hireann (Defence Forces
Ireland), the Revenue Commissioners and several high
profile politicians acted as spies for the British
Intelligence services. In fact he claimed that one
grouping in particular, the notorious Force Research
Unit (associated with the 1989 assassination of the
Irish human rights lawyer Pat Finucane), had
established a network of agents and bases across our
island nation during the 1980s and 90s.
Unsurprisingly when the news media were reporting on
the minutiae of Ian Hursts testimony to Smithwick back
in 2012 they largely omitted those particular claims.
Along with some other, slightly more awkward facts.
However dont worry. These are the folk now entrusted
with rooting out the sinister fringe of the anti-austerity
movement. What could possibly go wrong?
CHIEF SUPERINTENDENT
HARRY BREEN, WHAT YOU
WERENT TOLD
January 24, 2014 Current Affairs, History, Military, Politics 7
comments
RUC Chief Superintendent Harry Breen, killed in a 1989 ambush

by the South Armagh Brigade of the Irish Republican Army
In all of the discussions emanating from the
controversy around last years Smithwick report it is
strange that no one in the media in Ireland or
elsewhere has examined in any detail the professional
histories of Superintendent Bob Buchanan and Chief
Superintendent Harry Breen, the two senior officers of
the Royal Ulster Constabulary (RUC) killed in the
ambush at Jonesborough by an Active Service Unit of
the South Armagh Brigade of the Irish Republican
Army (the wounded Breen almost certainly shot dead
while attempting to surrender). Both men had served
as British paramilitary police officers in the north-east
of the country since their twenties and Harry Breen in
particular had a colourful career. A small part of that
history has been the focus of several newspaper
reports (and indeed Judge Smithwick himself) with
tenuous claims that Breen was specifically targeted by
the Republican Army because he was photographed in
1987 with weapons captured from the ambush site at
Loughgall, an engagement that saw eight volunteers of
the East Tyrone Brigade of the IRA and one civilian
killed by British Special Forces (at least three of the
wounded men were killed while surrendering or shortly
thereafter). Most cogent observers have dismissed the
revenge allegation as a motive for the ambush yet it
continues to be stated as an established fact by some
tabloid media pundits.
However before 1987 and his subsequent death in
1989 Breen was rather better known for the allegations
circulating in security and political circles north and
south linking him to the so-called Glenanne Gang.
This was a British terrorist grouping composed of
serving or former members of the British army and
paramilitary police attached to the outlawed Ulster
Volunteer Force or UVF (the name stems from the
farmhouse the gang met and stored arms in,
Glenanne, which was owned by the RUC officer James
Mitchell). These suspicions accounted for the
supposed coolness that existed between Breen and
representatives of An Garda Sochana in contrast to
the warmer relationship enjoyed by Bob Buchanan. In
fact Harry Breen was specifically named in a 1999
witness statement by Sergeant John Weir, an RUC
officer who served with the elite Special Patrol Group
(SPG) while at the same time being an active terrorist
with the Glenanne Gang. The testimony was made to
the Irish governments tribunal under Justice Henry
Barron re-investigating the 1974 British terrorist attacks
on Dublin and Monaghan where the sequential
detonation of four car-bombs killed thirty-three men,
women and children as well as wounding three
hundred others. The terror strikes were carried out by
members of the Glenanne Gang under the direction of
British Military Intelligence and senior British officials at
a time of strained relations between the governments
in Ireland and Britain.
The parts relating to Chief Superintendent Harry Breen
are highlighted below.
3rd January 1999
1. I am a former member of the Royal Ulster
Constabulary (RUC) which I joined in 1970 and served
until 1980. After initial training in Enniskillen Training
Depot, I began my police career in Strandtown RUC
Station in East Belfast.
2. I left the RUC in 1980 following my conviction for the
murder of William Strathearn at Ahoghill, Co. Antrim,
which occurred in April 1977. I will deal with this
incident later in this statement.
3. I recall that in 1970 or 1971, while I was serving as a
young constable, aged 20, in Strandtown there was an
arms amnesty in which members of the public handed
in substantial quantities of guns and ammunition of
different types. Many of these guns were then given
out by RUC officers to local members of a Loyalist
paramilitary organization, the Ulster Defence
Association, with the knowledge of the senior officers
in my station. On one occasion I was ordered by
Inspector Don Milligan to remove a number of rifles
which had been handed in under the amnesty, and
place them in the boot of his car. I do not know where
he took them but it was common knowledge among my
colleagues that such weapons were being given to
Loyalists whom my colleagues supported.
10. Sometime after my transfer to Belfast, I received a
visit from two of my former colleagues in Armagh SPG,
Gary Armstrong and Ian Mitchell. They told me that
ACC Rodgers had spoken to their unit once more and
that they had expressed their view to him that a drastic
change of policy was necessary to combat the IRA
more effectively in South Armagh. They told me that
they had decided for themselves, as a result of the
discussions stimulated by his visits, that the time had
come to take direct action against not merely known
Republicans or IRA activists but against the Catholic
population in general. I agreed with them that the only
way to stop the IRA murder campaign was to attack the
Catholic community itself, so that it would put pressure
on the IRA to call off its campaign. After I had indicated
my interest in their plans, Armstrong and Mitchell
informed me that they had already begun to implement
them. They had started their campaign by carrying out
a bomb and gun attack near Keady village, in June
1976, at the Rock Bar which is located within yards of
the border with the Irish Republic.
20. I was friendly at that time with RUC Constable
Billy McBride and I visited his home on one
occasion at a time when Chief Inspector Harry
Breen was present. We discussed McBrides
connection to a group of Loyalists in Co. Down called
Down Orange Welfare, which was headed by a retired
Army officer, Lt. Col. Edward Brush. McBride told us he
was a member of this group, which was almost entirely
composed of members or ex-members of the security
forces. He produced a .38 revolver from a drawer in his
living room and after I had examined it he replaced it in
the drawer. He then went into another room and
brought out two homemade sub-machine guns, copies
of the Sterling machine-gun. He explained that Down
Orange Welfare was manufacturing Sterling sub-
machine guns and that the two he had shown me were
the prototypes and were of imperfect design. McBride
added that the group were in the process of making an
M1 carbine, an American rifle, and that the only
remaining problem to be tackled was the ejector
mechanism for spent bullets. He anticipated that this
would not present any insuperable difficulty. In Chief
Inspector Breens presence he then offered me the
two sub-machine guns because he knew about my
connections to Loyalist paramilitaries. I accepted
them and took them to Mitchells farmhouse.
21. Constable McBride was a gunsmith and, following
this initial meeting with him, guns changed hands on
several occasions. On one occasion, after McBride
had told me that he had received four new sub-
machine guns from Down Orange Welfare, I contacted
Armstrong who soon arrived with McClure at Newry
RUC station. Armstrong had a conversation with
Chief Inspector Breen, whom he knew well, and the
three of us went to McBrides house where we
collected the guns. These sub-machine guns were
transported to Mitchells farmhouse where I later test
fired them in a hayshed. They worked perfectly.
Mitchell subsequently sold these weapons to Jackie
Whitten, a UVF paramilitary leader in Portadown for
100 pounds each. I then gave the 400 pounds to
McBride so that the money could be used for the
manufacture of further weapons. In summary, Down
Orange Welfare was using RUC officers in Newry
RUC station McBride, Breen, myself and
another RUC officer, Sergeant Monty Alexander
from Forkhill RUC station to supply weapons to
the UVF in Portadown. I later learned that these
weapons were being manufactured by Samuel
McCoubrey in Spa, Co. Down.
25. I was on duty in Newry RUC station when I
received a phone call from RUC Constable William
McCaughey asking me to meet him in Armagh. We
met in a pub in Armagh and he discussed with me a
reported shooting incident in Ahoghill in which a police
officer was, as I recall, shot in the leg. McCaughey
raised the issue of the need for a retaliation but nothing
specific was planned at that stage. McCaughey then
asked me if I would accompany him to meet Robin
Jackson in Lurgan and I agreed. We travelled to
Lurgan in my car and we met Jackson at his home.
When we arrived, I soon realised that the proposed
retaliation was at a more advanced level than
McCaughey had indicated or than I had appreciated. It
quickly became obvious to me that the proposed attack
had already been discussed in detail and I was taken
aback to discover that Jackson and McCaughey
proposed to carry out the operation on that particular
night. I listened when McCaughey told Jackson that
the gun to be used in the attack had never been used
in any shooting before, that he had taken it from
Lurgan RUC station and that it was in his home. I
heard McCaughey and Jackson agree how they would
proceed with Jackson saying he would go and collect
his helper on the lorry R.J. Kerr while McCaughey
would take me with him to his house, where he would
collect the gun, before going on to rendezvous with
Jackson and Kerr at the roundabout in Moira, Co.
Antrim. I did not know at that stage the identity of the
proposed target in Ahoghill nor did I know for certain
whether Jackson and McCaughey merely intended to
frighten a particular person or to kill him. I found I was
participating in an operation that I had not discussed
fully and whose consequences I did not properly
appreciate. The entire discussion at Jacksons home
lasted a few minutes. However, I wish to make it clear
that I took part in this operation voluntarily and that I
went along with the arrangements made by
McCaughey and Jackson.
26. After McCaughey had collected the gun from his
home in Lurgan I drove him in my own car to the
roundabout at Moira where Jackson and his helper
were already waiting in a lorry. Jackson drove the lorry
and we followed him towards Ahoghill, stopping behind
him when he parked approximately one mile before
reaching the village. I now recall, on the basis of my
conversation with McCaughey in the car, that
McCaughey, like me, did not fully appreciate that
Jackson was going to commit a murder. And even after
Jackson and Kerr had got into my car outside Ahoghill
village, McCaughey seemed still to think that Jackson
was merely going to frighten the chosen person rather
than kill him. I believed, wrongly as it was soon to turn
out, that Jackson and Kerr were merely going to fire
into the house to frighten the occupants and it was
evident to me that McCaughey also held the same
opinion. After giving Jackson the gun, McCaughey told
him just to fire through the upstairs windows so as to
make sure the occupants got the message. My main
concern, at that late stage, was that my car number
plates would be easily identified but when I shared this
concern with McCaugheyhe assured me there was
nothing to worry about and that he was certain that
there were no security forces in the area. McCaughey
and I waited in the car not far from the target house
and we both heard the shooting. After Jackson and
Kerr had returned and got into my car, Jackson said
that he had shot the man twice and we then left the
village calmly. I drove my car back to the lorry, where
Jackson and Kerr got out so they could go on to their
ultimate destination to deliver a load of chickens. I
drove McCaughey to his fathers house in Ahoghill and
McCaughey told his father, in my presence, that
Jackson had shot somebody dead in the town. He
gave his father the gun for safe keeping. Next morning
I learned from the news on the radio that the victim had
been William Strathearn.
27. After leaving McCaugheys fathers house I drove
McCaughey back to Armagh and dropped him off at
the RUC station. I then proceeded to Bessbrook RUC
station where I had living quarters even though I was
still stationed in Newry. I went to work early on the
morning after the killing and carried on with my normal
work. However, over the following week I told three
colleagues about what had happened. These were
Chief Inspector Breen, Constable Bob Hamilton
and RUC Special Branch Constable Ian Begley. All
of these three men already knew about collusion
between Loyalist paramilitaries and RUC officers
including McBride, Sergeant Monty Alexander and
myself. Chief Inspector Breen also knew about
similar illegal activities by McCaughey and
Armstrong. Ian Begley, for example, had previously
told me that he thought McBride had been involved
with Jackson in the murder of a Catholic close, I
believe, to Mayobridge in South Down in the early
1970s.
28. I think it is important to make it clear that this
collusion between Loyalist paramilitaries such as Robin
Jackson and my RUC colleagues and me was taking
place with the full knowledge of my superiors. I recall
that after I had told Chief Inspector Breen about
my involvement in the Strathearn murder, that he
told me to forget about it. I also recall later
witnessing a conversation between Chief Inspector
Breen and Inspector Harvey who was in charge of
Newry CID when both men discussed with
approval McCaughey and Armstrongs continuing
activity in Loyalist terrorism with Robin Jackson.
And I recall another occasion, in the toilets at the
Pitbar near Bessbrook when RUC Special Branch
Constable David Miller indicated to me that he knew I
had been involved in the Strathearn murder and
suggested he would not object if I was to kill an
identified IRA man in Newry. For these and other
reasons I did not think there was the slightest
possibility that I would ever be arrested or charged with
my role in the Strathearn murder.
29. Some months after the Strathearn murder I was
called to a meeting with the head of RUC Special
Branch in Newry, Chief Inspector Brian Fitzsimmons.
He confirmed what I had already been told by Chief
Inspector Breen that I was to be transferred to
Newtownhamilton RUC station. During this meeting
Mr. Fitzsimmons let me know that he was aware that I
had been involved in Loyalist terrorist activity for some
time but it was clear he was not bothered by this. He
told me that he knew all about my paramilitary past
activities with James Mitchell and that my local
connections to Loyalist paramilitaries were part of the
reason why I was being placed in charge of
Newtownhamilton RUC station. I understood the
message of my meeting with Chief inspector
Fitzsimmons to be that I had the green light to carry on
with my activities. I now know that Chief Inspector
Fitzsimmons rose to the rank of Assistant Chief
Constable and that he was killed in the Chinook
helicopter crash in Scotland in 1994.
John Oliver Weir
Signed 3rd February 1999
The aftermath of the Jonesborough Ambush in 1989 where senior

RUC officers Bob Buchanan and Harry Breen were killed by the
South Armagh Brigade of the Irish Republican Army
While some have challenged Weirs testimony his
detailed statements have yet to be refuted and both
Justice Barron and investigatory officers from the
Garda Sochna accepted him as a highly
knowledgeable and credible witness. In addition Harry
Breens membership of the far right Down Orange
Welfare seems to have been widely known given the
organisations apparently inviolate position under the
leadership of Lieutenant-Colonel Peter Brush CB OBE,
a former officer of the British Army and member of the
Ulster Unionist Party (UUP). Likewise his relationship
with Robin the Jackal Jackson in the 1980s, a
notorious soldier-turned-terrorist with close links to the
RUCs Special Patrol Group and British Military
Intelligence, was believed to be common knowledge in
so-called Loyalist terror circles and to several
journalists (Jackson has been repeatedly counted
amongst the suspected coterie of Captain Robert
Nairac, the alleged British army death
squad commander detained and executed by (P)IRA
in 1977).
So why, in all the reporting around the killing of officers
Breen and Buchannan, were the serious allegations of
Harry Breens involvement with British terrorism not
brought to public attention? Why, by all accounts, did
the national news media in Ireland and Britain simply
gloss over these crucial background facts to Breens
career and untimely death? These are the questions
asked by the Irish journalist and author Paul Larkin of
RT and its news and current affairs department and
the reaction is revealing of the political intent that
shaped the reporting of the Smithwick Tribunal (while
blithely ignoring the findings of the earlier Barron
Tribunal).
The people of Ireland need to know the truth about the
dreadful nature of the conflict in the north-east of our
island nation but evidently our journalistic betters
believe we should only know part of the truth.
UPDATE: New revelations about the role of the
ubiquitous British terrorist Robin Jackson in the
assassination of the Donegal-born, Catholic RUC
officer Joseph Campbell have come to light through the
efforts of Dr. Paul Maguire, the Police Ombudsman in
the north of Ireland. Sergeant Campbell was killed by
Jackson and his UVF colleagues in February of 1977
shortly after he had begun a personal investigation into
the close links between serving police officers in his
division and local British terror gangs. The
Ombudsmans new research has revealed that the
then Chief Constable of the RUC, Sir Kenneth
Newman, knew through intelligence briefings
that Campbell had become a target but ordered no
extra measures to protect his life. The family of
Campbell claim that the sergeant had threatened
to publicly name at least one senior Special
Branch officer who was working with the UVF just days
before he was shot down at the fortified gates of his
RUC base.
Former policeman-turned-gunman John Weir has
sworn in his affidavit that Robin Jackson planned the
assassination of Joseph Campbell with a senior
Special Branch officer. At the time of the killing Harry
Breen was an officer with the RUCs Special Branch.
THE RETURN OF THE

SINISTER STATE
November 19, 2014
Armed and armoured officers of a Regional Support Unit in the
Garda Sochna (and typical of the disastrous Americanisation of
Irish policing)
So an unpopular minster in an unpopular government

implementing unpopular policies is given her marching
orders by a community suffering above-average levels
of deprivation and poverty, yet the right-wing media
argue that she is the one we should have sympathy
for? And for what? Recognising that voters actually
exist and have opinions in the long years between
general elections as opposed to the short weeks
leading up to the day of the ballot itself? Now the usual
journalistic suspects have rolled in behind the powers-
that-be, wagons circling to protect the self-entitled
classes from the unruly Muintir na hireann. Before
last weeks events we were still in stage one, with
hysterical warnings about a sinister fringe (because
anyone who disagrees with Fine Gael and Labour
Party diktats must surely be sinister and fringe by
definition). Now we have moved on to stage two. From
the Irish Independent:
Gardai are also considering assigning armed
officers to ministers as water protests become
increasingly hostile.
A beefing up of protection measures for
Government members was ordered after Tanaiste
Joan Burton was trapped by protesters, in an
incident which Taoiseach Enda Kenny says
amounted almost to kidnapping.
The review of security comes as protests continued
to become more heated across the country.
Mr Kenny was also caught up in the drama when
his car was surrounded by more than 300 angry
protesters as he arrived at a Fine Gael party
meeting in Sligo last night.
Several garda units, including the Crime and
Security branch and anti-terrorist Special Detective
Unit, are also involved in compiling intelligence on
rogue protesters.
Thats right, the tens of thousands of men, women and
children, old and young, who have demonstrated since
the start of the year against the enforcement of
iniquitous taxes are now to be investigated by anti-
terrorist officers. Forget the rogue spin in the article.
This will be blanket surveillance and harassment of
organised protesters by the forces of the state with one
purpose and one purpose only: intimidation.
Meanwhile the next time a senior member of one of the
coalition parties faces a frustrated and disappointed
member of the general public they may well do so
while being accompanied by armed bodyguards.
What a wonderful historical testament these times will
be to the administration of the Fine Gael and Labour
coalition government in Ireland, 2011-2016 (or will it be
15?). Hundreds of thousands of angry citizens on the
streets, widespread disenchantment with the
institutions of the state and gun-toting Garda as a
threat against unruly citizenry.
Forget the sinister fringe. The two government parties
are doing a fine job of destroying the authority of the
state from the top down.
A LARGE CROWD of women gathered outside Coolock

Garda Station this evening for a vigil, protesting against
what they maintain has been unnecessarily heavy-handed
policing of water charge protests in recent weeks.
Locals who spoke to TheJournal.ie estimated there were
around 200 women taking part.
Video footage placed online would appear to corroborate
that figure.
The women all wearing fluorescent jackets stood in
deathly silence along both sides of the Oscar Traynor Road.
The footage, taken by a supporter, showed cars beeping in
approval as they passed by and curious garda, standing
outside their station, monitoring the scene.
Water metre protest
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Source: Quinno Radford/YouTube
Groups protesting the installation of meters by Irish Water

contractors in areas surrounding the northside Dublin
suburb in recent weeks have complained of harsh treatment
at the hands of garda.
Rank-and-file officers, however, have rejected the claims
contending that there is a darker element at play within
the protest movement. The Garda Representative
Association said earlier this month that its members had
been subjected to threats to their personal safety, and
property.
Baldoyle Anti Water Meter Task Force

Quinno Radford via Youtube.
The demonstration this evening follows controversy over
footage of a young women (below) who was pushed from the
bonnet of the Taoiseachs car in a protest on Sunday.
Speaking earlier, the woman involved said she was
considering making a complaint to GSOC over what
happened.
There were claims (which the force wont comment on) that
Garda used pepper spray to quell a protest by anti-water
charge protesters at the station earlier this month.
This is how a poster to the Baldoyle Anti Water Meter Task
Force Facebook page described the vigil tonight:
It was a hugely strong protest against garda violence that
has happened recently at water meter installations.
It is very hard to describe the eerie stillness that saw many
of us filling up with emotion. We are peaceful people, we
always have been and we always will be no amount of
media spin can make us otherwise. Simple.
The garda were totally perplexed as to how to deal with us.
Motorists beeped loudly as they passed though most were
simply stunned when passing this unprecedented event.
corruption is just endemic in our society. Everyone
deserves their day in court of course and I'm sure he will.
Informed sources have indicated this garda allegedly had
close ties with K-Tech Security. ....and guess who's website
is down today? Yes, KTeck Security. Sources also allege
that payments to corrupt cops is done by use of those
temporary credit cards. They just top them up.
It is also suspected that this one -allegedly did intelligence
work for Irish Water by supplying personal information on
leading water protesters in the Cork and surrounding
areas.
It will be very interesting to see how this plays out....there
is much more to come on this story.
Garda charged with more than 200 counts of

deception and receiving corrupt payments
A GARDA has been charged with more than 200 counts of deception
and receiving corrupt payments.
INDEPENDENT.IE
Sinn Fin to table motion of no

confidence in the Government
Mary Lou McDonald has described the current Irish leadership as a
kick for touch, cover up government.
February 11, 17
SINN FIN IS set to table a motion of no confidence in the

Government in the wake of the latest revelations concerning
Garda Sergeant Maurice McCabe.
The announcement was made this evening by deputy leader
Mary Lou McDonald.
The timing of Sinn Fins move is particularly significant as

a Sunday Times poll released in the aftermath of their
announcement shows Fianna Fil a full 11 points ahead of
their old rivals Fine Gael the largest lead Fianna Fil has
held in six years.
Sinn Fins motion meanwhile, which is hardly unexpected
given the events of recent days, will surely test the
confidence and supply arrangement between the two
parties to its limits.
People the length and breadth of Ireland are rightly
outraged by what has transpired over the course of the last
week, McDonald said this evening.
The government is clearly unable to deal with the major
issues facing our people. The hospital waiting list scandal
has exposed the governments complete failure to deal with
the crisis in our health service.
The manner in which they have handled the scandalous
campaign of character assassination against Sergeant
Maurice McCabe renders this government unfit for public
office.
McDonald added that the behaviour of government,
particularly over the last week, has eroded public confidence
in this coalition in the most fundamental and profound
ways and that Sinn Fin would be seeking cross-party
support for the motion, including from Fianna Fil.
Their chaotic behaviour and blatant disregard for
transparent government mean that a general election is now
necessary. Sinn Fin will table a motion of no confidence in
this kick for touch, cover up government without delay.
Fianna Fils next move will be of interest given the new
Sunday Times poll which shows it has increased its lead
drastically over Fine Gael since the previous poll taken last
month, when the gap was six points.
Although Michel Martins party had committed to
supporting the Fine Gael administration for at least three
budgets, party members may feel, with the Government
reeling over the ongoing Garda scandal, that an opportune
time has come to pull the plug.
Zappone did not brief Cabinet on McCabe file

Cabinet's knowledge of McCabe allegations queried
Questions have arisen over how much the Cabinet knew about a
false allegation of sexual abuse against garda whistleblower Maurice
McCabe after it emerged that he met the Minister for Children ahead
of the publication of the terms of reference
RTE.IE
McCabe in favour of external probe, says Howlin
Sinn Fin calls on FF to withdraw support for Govt

Sinn Fin has called on Fianna Fil to withdraw its support for the
Government over its handling of false allegations made about Garda
whistleblower Sergeant Maurice McCabe.
RTE.IE
So it's not Irish Cops we have to look out for!
The curious case of how a British cop went undercover
among Irish protesters.
The curious case of how a

British cop went undercover
among Irish protesters
Mark Kennedy was not just one bad apple. He was part of a system of
political policing and abuse of rights.
February 11, 17
He had multiple intimate relationships with

women using his false identity as an
environmental activist called Mark Stone.
IT SOUNDS LIKE something straight out of a James Bond
movie but that is a line from this weeks Dil transcripts.
During a Leaders Question session, the house was informed
that an undercover British agent infamous following an
inquiry in the UK also operated in Ireland.
While the fresh revelations went somewhat under the radar
on Wednesday (because of the explosive nature of Brendan
Howlins contribution to the whistleblower debacle), AAA-
PBP TD Paul Murphy told the chamber that the the security
forces here would be very concerned about agents
from another country operating in this jurisdiction.
The Taoiseach was told a British citizen, Mark Kennedy, has
been exposed as a secret member of the national public
order intelligence unit in the UK.
The story of Kennedy has been widely reported about over
the years in both the Guardian and the Daily Mail.
In 2011, details of Kennedys double life during which he
embedded himself with environmental activists for more
than seven years, began to emerge.
The Guardian reported that Kennedy visited more than 22
countries taking part in protests against the building of a
dam in Iceland, touring Spain with eco-activists, and
penetrating anarchist networks in Germany and Italy.
However, the story has now landed on Irish shores.
Murphy told the Dil this week:
[Mark Kennedy] was in Ireland and it is admitted he was in
Ireland on multiple occasions. He participated in the Shell
to Sea protests in the Taoiseachs constituency. He organised
meetings here in the run up to the protest in Gleneagles at
the G8 in 2005. He was arrested by the garda in Dublin on
3 May 2004
He had multiple intimate relationships with women using
his false identity as an environmental activist
called Mark Stone.
While travelling the world, its claimed Kennedy had many
sexual relationships with women within the activist
movements.
Former undercover policeman Mark

Kennedy speaks to Channel 4 News
Feb 2, 2012
Former undercover police officer Mark Kennedy tells Jon Snow
he rejects the report findings he was out of control.
https://www.youtube.com/watch?v=7OuB1eKG51g
It resulted in some of these women taking legal action
against the police. Subsequently, the Metropolitan Police in
the UK published a full apology for totally unacceptable
behaviour of undercover officers entering into such affairs
with women.
A settlement was also reached between the police force and
the women.
The Police Inspectorate in the UK also carried out a review
into the cases, and called for better oversight of those that
carry out covert work.
The Telegraph reported Assistant Commissioner Martin
Hewitt said sorry five years after the women first launched
legal action following the unmasking of Mark Kennedy.
Metropolitan Police apology to women

who had relationships with spycops
Jul 26, 2016
The unprecedented apology issued by the Metropolitan Police
to seven women deceived into intimate relationships with
undercover officers from Britain's political secret police units
the Special Demonstration Squad and the National Public Order
Intelligence Unit.
Having fought the women's legal claim by every available

means for four years, the Met finally apologised on 20
November 2015.
The apology is given by Assistant Commissioner Martin Hewitt

of the Metropolitan Police.
A transcript is here:
http://news.met.police.uk/news/claima...
For more about the women who brought the case, see
https://policespiesoutoflives.org.uk/
http://campaignopposingpolicesurveill...
https://www.youtube.com/watch?v=Lcu5IGbShxE
On Wednesday, Murphy told the Dil that a woman who was
involved in a protest group was in a relationship with
Kennedy while he was operating in Ireland.
He highlighted the case of Sarah Hampton, a US citizen who
met Kennedy on these shores in 2005.
Outlining what was said in Dublin this week, Murphy read
out her statement, in her own words:
Finding out that Mark was an undercover police officer
brought about a deep depression that seemed impossible to
navigate, there were times I almost gave up completely. The
process of seeking justice on this case has felt at times
belittling, intimidating and downright scary. I felt I had
been raped. I never consented to sleeping with a police
officer.
Murphy told the Dil that Hampton was granted an apology
last month by the Met Police.
Pitchford Inquiry
Following these revelations, there were calls for a full
investigation.
The Pitchford inquiry was launched in 2015 following
scandals involving officers and women who said they were
tricked into relationships.
In Belfast earlier this week, campaigners took a legal case
over the failure to include Northern Ireland in Lord Justice
Pitchfords inquiry.
According to the Belfast Telegraph, Jason Kirkpatrick was
granted leave to seek a judicial review of the governments
refusal to widen the probe beyond England and Wales.
His lawyers argued that officers attached to the
Metropolitan Police and the National Public Order
Intelligence Unit secretly travelled to Belfast for spying
purposes without PSNI knowledge.
Following the court case in the North this week, and
pointing out that a woman in Ireland had also been victim of
undercover police officers entering into sexual relationships
with women, Murphy said he wanted the Taoiseach to
formally request that the inquiry now be extended to Ireland
as well.
We know the German government has written to the British
government seeking the inclusion of the actions of the so-
called spy cops in Germany, and we know the Scottish
government has done the same.
We also know that British undercover police officers were
operating in this State yet the Irish government has so far
refused to request the inclusion of their activities in that
investigation. Why is that?
Murphy said the political policing targeted left wing and
environmental activists, breaching their right to privacy in
this State, which is enshrined in the European Convention
on Human Rights.
It is incomprehensible and unexplainable why that request
has not been made unless the Irish Government is saying its
protection of British spies in Ireland takes priority over the
wish of these people for answers and justice, said Murphy.
We have more than enough political policing in this State
already without allowing British agents to have a free run
here too.
The Dublin South-West TD said those affected are now
seeking answers and justice.
Mark Kennedy was not just one bad apple. He was part of a
system of political policing and abuse of rights. As well as
him, we know of at least three other undercover British
police officers who operated in this State Jim Boyling,
Mark Jenners and John Dines. There are a huge number of
unanswered questions here.
He said the Minister for Justice and Equality Frances
Fitzgerald had already confirmed that garda were aware of
Mark Kennedys presence in Ireland.
Murphy asked the Taoiseach on what basis and on whose
authority did he have permission to operate in Ireland and
questioned if the government knew of other undercover
officers.
He claimed that there have been 56 convictions or
prosecutions overturned in Britain as a result of Kennedys
involvement.
The deputy called for the report commissioned in 2011 by
the Garda Commissioner into Kennedys activities to be
published.
The Taoiseach confirmed to Murphy that the Minister for
Foreign Affairs and Trade Charlie Flanagan will meet with
the Northern Ireland Secretary of State, James Brokenshire
in Dublin next week to discuss the matter.
However, he said the minister has not seen the garda report
which investigated the relevant and related issues.
The security forces here would be very concerned about
agents from another country operating in this jurisdiction.
We have had incidents of that in the past.
Kenny said the minister will make a further statement
following that meeting.
http://www.thejournal.ie/british-cop-undercover-3230569-Feb2017/
An elitist, ruthless , arrogant , infantile , inhumane government who

voted for the vile Eviction Bill 2013, again with F.F. in the quiet
recently ,making it easy for the banks to evict families from their
homes, leading to homelessness and many suicides to date not to
mention hunger ! Banks come before the people and all ;they want
to do is to sell off our resources like our water , and our seas to the
multi nationals . They already plan to sell off part of the A.I.B ., no
doubt, to fund the forthcoming election !
THE allegations that have emerged over the last couple of
days received a wide airing across sectors in policing,
politics, and media. The person who was originally
supposed to have made the allegations of sexual abuse
against Maurice McCabe in 2013 drew major interest in
some quarters.
Dave Taylor, the former head of the Garda press office,
made reference to her in his protected disclosure, which
has led to the establishment of the Charleton commission.
According to Taylors disclosure, at one point in early 2014,
a text was circulating around Garda HQ to the effect that
the journalist Paul Williams was in the house of the woman
in question, getting ready to interview her. Taylor also
stated in the disclosure that no article emerged from that
interview.
How Tuslas clerical error led to this weeks

scandal
The woman at the centre of the allegations against Maurice McCabe
was the subject of some media interest in 2013 and 2014, leading to
texts on the matter circulating around Garda HQ, writesMichael
Clifford.
IRISHEXAMINER.COM
THE allegations that have emerged over the last couple of
days received a wide airing across sectors in policing,
politics, and media. The person who was originally
supposed to have made the allegations of sexual abuse
against Maurice McCabe in 2013 drew major interest in
some quarters.
Dave Taylor, the former head of the Garda press office,
made reference to her in his protected disclosure, which
has led to the establishment of the Charleton commission.
According to Taylors disclosure, at one point in early 2014,
a text was circulating around Garda HQ to the effect that
the journalist Paul Williams was in the house of the woman
in question, getting ready to interview her. Taylor also
stated in the disclosure that no article emerged from that
interview.
Nirn OSullivan, who was then deputy commissioner,
denies any knowledge of any form of campaign against
McCabe. Yet, if Taylor is to be believed, there was major
interest in HQ in a media interview with the woman.
Williams did write a number of articles for the Irish
Independent about the woman in question in the first half
of 2014, including direct quotes from an interview. He
didnt identify her in print, nor did he identify McCabe, but
they were both recognisable to anybody who had some
knowledge of the history involved.
That history went back to 2006. That year, this woman
who was then a teenager, alleged that, when she was six,
Maurice McCabe had rubbed up against her
inappropriately at a birthday party. The woman comes
from a Garda family.
Once McCabe heard about the girls claim, he insisted it be
investigated fully. That was done by a garda inspector
from another station. A file was sent to the DPP, which
concluded that not only was there insufficient evidence for
a prosecution but in all likelihood the allegation did not
even constitute a criminal offence.
That was the end of the matter until August 2013, when a
file was created by Tusla, the Child and Family Agency,
which stated the woman was now alleging she had been
subjected to digital penetration by McCabe.
Six months later, according to Taylor, Garda HQ was rife
with the news that a journalist was about to interview this
now young woman.
In the published articles written by Williams, the unnamed
woman spoke of being sexually assaulted by a garda, how
it had traumatised her, and how she felt it was covered
up. She also said that her complaint had not been put on
the Pulse Garda computer system.
She stated in the articles that she wanted to meet Fianna
Fil leader Michel Martin, as he had been responsible for
bringing McCabes complaints to the floor of the Dil.
The inference was that she had complaints about Garda
malpractice, just as McCabe did.
Martin agreed to meet her in spring 2014. She reportedly
told him she wanted her complaint included in the Guerin
report, which had been set up to examine McCabes
claims.
Shortly after the meeting, Martin passed her complaint on
to Taoiseach Enda Kenny and he is understood to have
also informed McCabe of the development at the time.
The womans complaint was passed on to the Department
of Justice, which ultimately referred it to the panel of
lawyers which, as a result of the Garda controversies at
the time, was set up to examine 200 allegations of Garda
malpractice.
The panel ruled that her complaint didnt merit further
inquiry, and that the original investigation was conducted
properly.
The womans willingness to be interviewed by a journalist
and her wish to bring her concerns to the leader of Fianna
Fil was in stark contrast to her attitude to Tusla.
Following the creation of the file with the grievous
allegation in 2013, Tusla made a number of attempts to
contact her. She did not respond.
In May 2014, the clerical error about the allegation
against McCabe eight months previously was discovered.
It turned out that the woman did not make any such
allegation about the sergeant, and there had apparently
been a mix-up, or clerical error, with another file.
In September last year, the woman did respond to the
agency, saying she wanted nothing more to do with the
case.
There was a postscript to this womans engagement with
the media and politics in the first half of 2014.
On June 19, 2014, a month after resigning as justice
minister, Alan Shatter made reference to the articles in the
Irish Independent. He was speaking in the context of the
establishment of the OHiggins commission which was to
examine McCabes allegations of malpractice.
If the statutory inquiry is to be comprehensive, it should
include all cases dealt with in Bailieborough Garda Station
which have given rise to complaint, said Shatter.
There is a matter which has been the subject of articles
in the Irish Independent, which included a report of Deputy
Michel Martin meeting an individual who alleges she was
the victim of a sexual assault and her complaint was not
recorded on the Pulse system and did not result in a
prosecution. I understand from the newspaper report that
Deputy Martin was to provide information on this matter to
the Taoiseach and I presume he has done so. This case
should clearly form part of any statutory inquiry.
Despite Shatters suggestion, the case was not included in
earlier inquiries. There the matter rested, and it may well
have been the end of it had Maurice McCabe not learned
about what had gone on back in 2013 and 2014 in Tusla
and everything that flowed from it

the scale of the job on its hands, but criticism never seems
too far away, writes Noel Baker.
AN APOLOGY WILL
NOT BE ENOUGH'
Garda
whistleblower
Maurice McCabe
could be awarded
millions when he
sues over Tusla
abuse allegations
Maurice McCabe and his wife Lorraine
are said to be devastated after it
emerged a false allegation of sexual
abuse was made against him
EXCLUSIVE
BY MICHAEL DOYLE 11th February 2017, 8:14 am
I hope he breaks them.

Garda whistleblower Maurice McCabe could be
awarded millions when he sues over Tusla abuse
allegations
THESUN.IE|BY THE IRISH SUN
Tusla chief executive Fred McBride with Minister for

Children Katherine Zappone. Picture: Gareth Chaney
Collins
Tusla is at the eye of a storm in relation to the handling of

the false allegation regarding Sgt Maurice McCabe, but it
is not the first time the Child and Family Agency has come
under scrutiny.
Tusla became an independent legal entity on January 1,
2014, under its parent department, the Department of
Children and Youth Affairs. It was a move seen as finally
giving child welfare and protection concerns the primacy
they deserved following years of accusations that they
were near the bottom of the to-do list within the Health
Service Executive.
Under its new guise, it pulled together HSE Children &
Family Services, the Family Support Agency, and the
National Educational Welfare Board. However, there were
queries over what the Child and Family Agency did not
include, including Child and Adolescent Mental Health
Services. It also took on plenty of legacy issues, including
a fractured child welfare and protection system which had
seen disparities in referrals and how they were dealt with
under the old HSE system.
It has an operational budget of approximately 600m but
Fergus Finlay, chief executive of Barnardos, has been
among those arguing that this is inadequate given the
broad range of services Tusla operates and the burgeoning
number of cases on its books. As of last November, its
budgetary overspend was still just 5.2m for the year, and
that was primarily down to non-pay and private residential
and foster care expenditure. It has almost 4,000 staff.
It has been playing catch-up on frontline recruitment,
while the long-awaited National Child Care Information
System a central system supporting child protection,
child welfare, and social work services in Tusla has also
witnessed numerous delays.
Regional weaknesses were not long coming to the fore. In
April 2015, Tusla announced that it was launching a review
following the discovery of hundreds of files relating to
children by a recently appointed principal social worker in
its Portlaoise office. The discovery of the files as well as
another 822 files where garda had made referrals to
either Tusla or the HSE had sparked concerns for the
welfare of the children mentioned in the previously
unattended-to files.
Completed later in 2015, the audit of 743 case files found
that 660 required the allocation of a social worker
including 127 that needed immediate action.
At the time, Fred McBride, now Tusla chief executive but
then its chief operating officer, said: A clear weakness
identified in the Laois/Offaly area has been that relating to
filing and records management.
the scale of the job on its hands, and much sympathy for
those working within those constraints.
But criticism never seems too far away. Just last month the
president of the district court, Judge Rosemary Horgan,
criticised Tusla for its handling of a case involving two
siblings who are now on their sixth social worker. A string
of inspection reports by the Health Information and Quality
Authority (Hiqa) has highlighted cases where children
have not been allocated a social worker. Last year, a draft
internal report warned senior management in Tusla that
more than 225 children may be at risk due to being in
continuing contact with alleged abusers.
At the same time, Tusla is a work in progress. There are
good news stories. Its most recent annual report, for 2015,
showed a 21% reduction in cases awaiting allocation to a
social worker and a 65% reduction of high priority cases
awaiting allocation to a social worker.
But, as recent revelations show, it may be some time
before it is rid of its growing pains.
ARDA whistleblower Maurice McCabe could be
awarded millions when he sues the State over the
abuse allegations circulated by Tusla in error, the
Irish Sun can reveal.
Sergeant McCabes solicitor Sean Costello said his client
and his wife Lorraine are devastated after it emerged a
false allegation of sexual abuse was made against him.
Garda whistleblower Maurice McCabe
On Tuesday, Labour leader Brendan Howlin told the Dail
he had been informed Garda Commissioner Noirin
OSullivan was spreading the rumour amongst journalists.
Ms OSullivan has strongly denied the allegations and a
Commission of Inquiry is to investigate them.
However, the origin of the fake abuse claim has been
blamed on a clerical error within Tusla.
It was identified by a counsellor with the child and family
agency in 2014 but was only highlighted this week.
Tusla released a statement admitting certain failures and
that they were in the process of issuing a full apology to
Sgt McCabe.
Garda Commissioner Noirin OSullivan
However, he still plans to sue the State and could be
looking at compo of millions.
A legal source told the Irish Sun: There is no question
that this is at the very top end of the scale, his reputation
and integrity has been severely damaged.
Youre certainly looking at over 1million and after that its
at the discretion of a jury, who you would image would be
on his side, so it will probably be much higher.
They also look like running the defence of honest
mistake, which has a history of being laughed out of court.
And payouts against the State are always much higher
because its acknowledged that they can afford to pay it.
Mr Costello said yesterday that the impact on his clients
family was horrendous.
Labour leader Brendan Howlin
He said: To think a Government agency charged with the
protection of children and a State-run body would
deal with a complaint in the manner outlined.
An apology from Tusla will not be enough.
It seems every number of months something occurs.
They want to know when this will end and when they can
start to live a proper life and not wonder whether tomorrow
they are going to read something else about Maurice.
In a statement, Tusla said: It is clear to us that mistakes
have been made. We can confirm that we are in the
process of apologising fully to the individual involved. It
added: In this case, it appears there were some failures
and these are the subject of our internal review, the
conclusions of which will be made public.
Tusla regrets that this situation has arisen and deeply
apologises for distress caused.
Brendan Howlin in the Dail on Tuesday issuing the statement

Tusla chief executive Fred McBride later denied the
agency was in any form of collusion with the Gardai and
said that it wrote to Childrens Minister Katherine Zappone
in January outlining the error.
It has also now been confirmed that Minister Zappone,
who is currently in the US, met with Sgt McCabe and
she has come under pressure to reveal when the
Government first heard of the error.
Labours children spokeswoman Jan OSullivan said: We
must have the upmost confidence in our child protection
services and Tusla needs to explain how this happened.
And Fianna Fails childrens spokeswoman Anne Rabbitte
wondered: Did the Minister for Children contact the
Minister for Justice when she became aware of this grave
error?
EXTRACT..."Our problem is that, since An Garda Sochna
credible only if it is led by officers from outside the
State.""
https://www.thesun.ie/news/565039/garda-whistleblower-maurice-
mccabe-could-be-awarded-millions-when-he-sues-over-tusla-
abuse-allegations/
OUTSIDE POLICE FORCE TO INVESTGATE
Former Anglo
director Willie
McAteer abandons
conviction appeal
Top social icons, these are repeated at foot of article
Court records show that McAteer's lawyers filed their written
submissions in the appeal on 20 January
A former finance director of Anglo Irish Bank has
abandoned an appeal against his conviction and
sentence for a 7 billion scheme to mislead the
public.
Last July, former Anglo Irish Bank executives Willie
McAteer and John Bowe as well as the former chief
executive of Irish Life and Permanent, Denis Casey,
were found guilty by a jury at Dublin Circuit Criminal
Court of agreeing a scheme to mislead the public
about the true health of Anglo.
McAteer (65), of Greenrath, Tipperary town, Bowe
(52), from Glasnevin in Dublin, and Casey (56), from
Raheny, in Dublin had pleaded not guilty to
conspiring to mislead investors by using interbank
loans to make Anglo appear 7.2 billion more
valuable between 1 March and 30 September 2008.
Their trial was the longest criminal trial in the history
of the State.
Judge Martin Nolan sentenced Bowe to two years,
McAteer to three-and-a-half years and Casey to two
years and nine months imprisonment on 29 July
2016.
The three men have lodged appeals against their
convictions and a hearing date has been fixed for the
week beginning 6 March next.
However, during case management procedures in the
Court of Appeal today barrister Lorcan Staines, for
McAteer, told Mr Justice George Birmingham that his
client's appeal was being withdrawn.
Mr Staines, who said he received his instructions on
Tuesday, told Mr Justice Birmingham that he had a
notice of abandonment for McAteer's conviction and
sentence appeal.
Court records show that McAteer's lawyers filed their
written submissions in the appeal on 20 January.
Counsel for Bowe, Diarmaid McGuinness SC, said
the other two men were ready to go ahead with their
appeals.
Counsel for the Director of Public Prosecutions,
Sinad McGrath BL, told Mr Justice Birmingham that
all three sets of submissions from the DPP were
drafted and were with the Director.
She said her side would endeavour to have their
submissions filed by next week.
Ms McGrath said there may need to be an "urgency"
to the three judge court's eventual judgment on the
appeal because there were "other trials" in the future.
The appeal is listed for one week of hearing
commencing 6 March - the longest time set down for
the hearing of a criminal appeal since the new Court
of Appeal was established.
Mr Justice Birmingham said a rapid judgment was
unlikely if the appeal would take a week to debate.
McAteer was not in court for the procedural matter.
Injunctions granted
to Gay Byrne
partnership over
'contrived' default
Top social icons, these are repeated at foot of article
The partnership comprises Gay Byrne, senior counsel Anthony
Kidney, two solicitors - Eric Brunker, now retired, and Stephen
Hamilton - and Dermot Murphy of Clonskeagh Motors
The High Court has granted injunctions to a business
partnership involving the broadcaster Gay Byrne
restraining a receiver appointed by a fund from
dealing with a 13m investment property in Dublin.
Firstwood Partnership, which involves Mr Byrne and
others, had argued that a fund that took over its loan
in 2014 had "contrived" a default on a fully performing
20-year loan.
The partnership took legal action against Launceston
and a receiver after the fund informed the partnership
failure to remit all rental income to it within 28 days
would be considered an event of default.
In September 2016, the fund issued a demand for full
repayment of 6.7m outstanding on the loan and
appointed the receiver.
The following month, the partnership got interim
orders restraining the receiver from dealing with the
property.
Last week, Firstwood asked the court to continue
those orders pending a full hearing.
Lawyers for the partnership had argued the fund

"contrived" a default last year on a fully-performing
20-year loan made to the partnership.
The 20-year loan was taken out in 2000 with Anglo
Irish Bank to acquire the property - a block of offices,
retail units and car park at St Andrew's Lane.
The injunctions allow the partnership to continue
servicing the loan as agreed with Anglo, including an
amortisation schedule for repayments.
The terms include the partnership collecting rents for
the property and using those to service the loan, tax
and other liabilities.
The judge ruled the partnership was entitled to the
orders because it had raised a fair question to be
tried, including on the basis of claims it was entitled
to continue to service the loan under the amortisation
schedule and the fund cannot allege default or
appoint a receiver when there is full compliance with
that schedule.
It was not disputed the loan which expires in 2020, is
"in good health" and the property was valued at
13.55m in 2014 with some 6.7m outstanding on
the loan, she said.
The partnership is solvent and the loan is secured on
a property valued at twice the outstanding sum, she
noted.
The partnership comprises Gay Byrne, senior
counsel Anthony Kidney, two solicitors - Eric Brunker,
now retired, and Stephen Hamilton - and Dermot
Murphy of Clonskeagh Motors.
Seeking those orders, Senior Counsel Rossa
Fanning said there was no default on the loan and
the fund was not at risk of not getting its money as
the annual rental income is some 920,000.
Opposing the application, Declan McGrath SC, for
the fund, argued the case appeared to be about the
investors not wishing to be forced to sell this
investment property three years earlier than they
wished.
A prior course of dealings with Anglo did not mean
the fund is not entitled to rely on the loan security
documents, he argued.
25 May 2016
On Friday the 20th of May a local Garda and Roscommon detective
called to Mike Gavin's Home, Dundonnell Taughmaconnell. They
were told Mikie was gone to Mullingar (Protest). They said they
wanted to see Mikie re the Fraud "Thing". They called back the next
day despite the fact that Mike's sister Eileen called them and told
them that they were sending their Fraud file to Dublin when it was
complete. They came regardless and told Mike's sister it had nothing
to do with her and they wanted to see Mike Gavin. Mike's sister
locked the door and told them repeatedly out the window to go
away and leave them alone and eventually they did. 3 Gardai
returned Wednesday when and got Mike home alone. Mike Gavin
describes here what happened.Instead of investigating
http://mikegavin83.com//Solicitor-Financial-ElderAbuse-of-We will
bring our Peaceful Protests to their Homes. Saturday, June 11 at 1
PM In retaliation to this intimidation and attempted interrogation,
followed by Clare Daly TD being disallowed to question Tanaiste and
Minster for Justice re Roscommon Gardai entering Elderly Mike
Gavins Home. Join and use the "Invite Button" to invite all your
friends
https://www.facebook.com/events/868004409977743/
Please Share Far & Wide
We will now bring our Peaceful Protests to their Homes. More details
to follow nearer date
https://www.facebook.com/events/868004409977743/
Beata Szydlo's motorcade was struck by a car driven by a
young man yesterday evening and crashed into a tree,
seriously injuring two security agents and hospitalising the
prime minister.
Szydlo was fresh from a summit meeting with Enda Kenny
to discuss Ireland's post-Brexit future.
Polish Prime Minister in 'stable condition' in

hospital following serious car accident
53-year-old Beata Szydlo met with Enda Kenny to discuss Irelands
post-Brexit future on Thursday.
THEJOURNAL.IE|BY AFP
While a priority, presently, is bringing accountability to the
higher echelons of our Gardai and justice system, and it
should be done without delay; also, legislation to change
the power of vulture funds needs to be put in force
immediately before it's too late and they have taken their
quick profits and vanished.
Our citizens are more important than any outside
corporate scavengers.
More garda corruption when will the people of this country
demand better from our so called guardian's of the state
standards and code of ethics comes to mind but an garda
have this arrogance about them knowing that there will be
no accountability and as for the garda ombudsman unless
you are dead in garda custody will they do anything and
they will turn a blind eye to that as well this garda should
be jailed and any other garda who breaks the law then
that will send out a clear message to any other garda
Taoiseach and Tnaiste leave

Zappone isolated as Cabinet
left struggling with Tusla crisis
Truth Treason in the Empire of
Lies, cover up whitewash
crimes and corruption
Feb 11, 2017 by Rita Cahill
https://www.scribd.com/document/339080625/Taoiseach-and-Ta-
naiste-leave-Zappone-isolated-as-Cabinet-left-struggling-with-
Tusla-crisis-Truth-Treason-in-the-Empire-of-Lies-cover-up-
whitewash-cr#
This is My Theory of This
Treason Cover Up White Was
Crime Scandal
https://www.scribd.com/document/338912673/This-is-My-Theory-
of-This-Treason-Cover-Up-White-Was-Crime-Scandal
Corruption and Illegal Laws in
Ireland
Oct 07, 2016 by Rita Cahill
https://www.scribd.com/document/326782409/Corruption-and-
Illegal-Laws-in-Ireland
Garda Commissioner and the
Minister for Justice Frances
Fitzgerald is Lying Corrupt Fine
Gael Protect Garda Whistle-
Blowers
https://www.scribd.com/document/339008023/Garda-
Commissioner-and-the-Minister-for-Justice-Frances-Fitzgerald-is-
Lying-Corrupt-Fine-Gael-Protect-Garda-Whistle-Blowers
Irelands Greatest Cover Up
Crimes by Garda Head Cops
and Taoiseach SKenny Says He
Has Full Confidence in Garda
Commissione in Relation to
Treason
https://www.scribd.com/document/338888226/Irelands-Greatest-
Cover-Up-Crimes-by-Garda-Head-Cops-and-Taoiseach-SKenny-
Says-He-Has-Full-Confidence-in-Garda-Commissione-in-Relation-
to-Treason
This is My Theory of This
Treason Cover Up White Was
Crime Scandal
https://www.scribd.com/document/338912673/This-is-My-Theory-
of-This-Treason-Cover-Up-White-Was-Crime-Scandal
Irish People SAY NO to THIS
PREVIOUS DEFEATED
REFERENDUM Kenny to Reflect
on New Inquiry Powers Vote
Dec 09, 2016 by Rita Cahill
https://www.scribd.com/document/333687293/Irish-People-SAY-
NO-to-THIS-PREVIOUS-DEFEATED-REFERENDUM-Kenny-to-
Reflect-on-New-Inquiry-Powers-Vote
EU Breaches Treaty Obligations
to Uk and Ireland Yet Again
More Treason
https://www.scribd.com/document/338493445/EU-Breaches-
Treaty-Obligations-to-Uk-and-Ireland-Yet-Again-More-Treason
Treason by Bankers, Politicians,
EU and Treason Irish and British
Illegal Referendums with the
Help of USA and EU
https://www.scribd.com/document/338492148/Treason-by-
Bankers-Politicians-EU-and-Treason-Irish-and-British-Illegal-
Referendums-with-the-Help-of-USA-and-EU

Whistleblowers Character Assassinated by Corrupt Whitewash Cover Up of Commisioner Garda and Corrupt Politicians, When You Read This You Will Say The Pychopath Liars and Sick Bastards That They Are

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Whistleblowers Character Assassinated by Corrupt Whitewash Cover Up of Commisioner Garda and Corrupt Politicians, When You Read This You Will Say The Pychopath Liars and Sick Bastards That They Are

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