THE ROW:

Politicians passed on unfounded information

Judge Frederick Morris, chairman of a tribunal set up six years ago to investigate garda corruption in Donegal, has rebuked Jim Higgins, a Fine Gael MEP, and Brendan Howlin, a Labour party TD, for how they passed on unverified accusations against senior gardai to the minister for justice in 2000.

The tribunal described as “unfounded” allegations made by Frank McBearty and a retired garda against two assistant garda commissioners, who were wrongly accused of being complicit with a detective sergeant in unlawfully procuring evidence to secure a conviction against McBearty’s son for murder.

Higgins and Howlin were informed of the allegations in 2000. Morris said that they should have asked their sources for evidence.

THE ISSUE:

Balance between people’s rights

Morris said McBrearty’s false allegations had damaged the reputation of two officers with “exemplary records”. An Oireachtas committee, he believes, needs to seek a balance between the right of people to bring matters to the attention of their public representatives and the rights of accused.

Higgins and Howlin rejected the criticism, saying that an approach to the justice minister was the best course of action. Had they not done this, “a shocking saga of corruption, abuse and mismanagement would never have been uncovered”. Eamon Gilmore, the Labour leader, said that if the judge’s logic were to be followed, a politician informed of child abuse allegations would first have to investigate them alone.

THE REAL ISSUE:

Gardai investigate themselves

Gardai in Donegal who were concerned about colleagues’ conduct did not have a mechanism to raise concerns in the 1990s, according to Michael O’Boyce, president of the Garda Representative Association. The Morris inquiry, which found senior officers in Donegal did not obtain a confession from McBearty Jr voluntarily and sanctioned a garda crackdown on Frank McBrearty Snr’s pub, has led to establishing an independent Garda Ombudsman, a Garda Inspectorate, and a whistleblowers’ charter for the force.

But O’Boyce has doubts. About 80% of complaints were given back to the gardai due to lack of staff. It remains to be seen if the system to report malpractice in the force works, he said.

THE BIGGER PICTURE:

Informers should not suffer resentment

In 2006, the government abandoned legislation that would have extended legal protection for whistleblowers. This prompted criticism from the Organisation for Economic Co-operation and Development and Paul Appleby, the director of corporate enforcement. All company employees should be able to reveal valuable information about employers’ shady dealings without making themselves vulnerable, they said.

Legislation protecting whistleblowers seems necessary to ensure scandals such as Michael Neary’s removal of healthy wombs in a Drogheda hospital do not go unpunished. A judge noted the widespread resentment towards the four nurses who exposed the practice. A change in mindset is needed.

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