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ALAN SHATTER IS known to start his days well before 6am and is renowned for his relentless work ethic as a minster who straddles both the Departments of Justice and Defence.
In three years in government he has introduced 24 of the 159 Bills the coalition has brought before the Dáil, is currently bringing forward wide-ranging reforms to the legal sector, and has successfully passed two referendums – one to cut judges’ pay and another to establish a Court of Appeal.
So why, with all these reforms, does he find himself under pressure with calls for his resignation?
The simple answer is that the minister has been at the centre of the two biggest domestic stories in the last fortnight – the GSOC bugging controversy and now fresh revelations from a garda whisteblower.
The common thread is An Garda Siochána with Shatter seemingly now facing a perfect storm of crises that have literally been on the frontpages and at the top of the news bulletins for the last 11 days.
TheJournal.ie explains how it’s got to this stage and what it all means…
The GSOC saga
The Garda Ombudsman (GSOC) surveillance/bugging story is arguably as confusing now as it was when it was first revealed by the Sunday Times two weeks ago. Then, the paper reported that the GSOC’s offices had been placed under surveillance with the use of government-level technology.
Shatter sought to play down these claims and stated, off the back of a briefing from GSOC, that there was “no definitive evidence” of surveillance having taken place.
What kept the story alive was GSOC being less definitive about whether or not they has been spied on and some fairly obvious differences between what they told Shatter in a briefing and what Shatter told the Dáil.
Garda Ombudsman Commissioner Simon O’Brien trying to explain just what went on at his offices to an Oireachtas Committee last week. [Pic: Oireachtas TV]
Added to this were the opposition parties’ calls for an independent inquiry and the lingering suspicion – though denied by GSOC, gardaí and everybody else at official level – that the gardaí or rogue elements within the gardaí were involved in the surveillance.
Then it emerged that there was an innocent explanation for some – if not all – of the anomalies that had been identified in the original Verrimus security sweep of GSOC HQ. This was based on a ‘second opinion’ Shatter sought from an Irish security firm, RITS.
The differences between the RITS and Verrimus assessments, the continued controversy the story was creating in the media and political pressure led Shatter to recommend to his Cabinet colleagues that a former High Court judge review the whole matter.
With that process under way, and barring any new revelations, that story is effectively paused until we have the judge’s report in eight weeks time.
The “extremely serious allegations of garda misconduct”
But now another, more serious problem has arisen for Shatter in the last 24 hours and again concerns the gardaí and a saga that has been rumbling on for the past two years.
Fianna Fáil leader Micheál Martin claims to have received evidence from the garda whistleblower Maurice McCabe of gardaí having “seriously mishandled” a number of cases involving “abduction, assault and murder”.
Among the cases are that of Sylvia Roche Kelly who was found dead in a Limerick hotel in 2007 and her killer Jerry McGrath who had earlier that year attacked a woman taxi driver, Mary Lynch. Other cases included in the documents concern three separate assault causing harm charges, one false imprisonment and the alleged falsification of garda records.
Martin has given the documentation to the Taoiseach who himself said today there are “extremely serious allegations of garda misconduct” in the files. Enda Kenny said he’s going to deal with it. We’ve yet to hear from the Justice Minister.
Speaking in the Dáil earlier, Martin claimed that Shatter knew about the cases for over two years.
This claim is based on a transcript of a conversation between McCabe and garda confidential recipient Oliver Connolly who, according to the transcript published by Broadsheet.ie, told the whistleblower he passed the documents to Shatter.
Martin said in the Dáil today: “Minister Shatter knew about these shocking cases for two years and in the knowing of these cases he comes into this house and accuses the whistleblower of not co-operating in the penalty points saga – undermining the man’s credibility in the public domain, something I believe was very wrong.”
‘If Shatter thinks you’re screwing him, you’re finished’
Former garda John Wilson at a protest calling for Shatter’s resignation outside Leinster House yesterday. [Pic: Sam Boal/Photocall Ireland]
These claims over the last 24 hours are the latest developments in a long-running saga involving McCabe, a serving sergeant, and another garda whistleblower, the retired John Wilson.
McCabe has now alleged that serious criminal cases were mishandled while both he and Wilson have said for some time that there was widespread malpractice in the fixed charge notice system – essentially that penalty points were being wrongly and corruptly cancelled.
Two years ago this month, McCabe met garda confidential recipient Connolly to discuss his concerns about a number of issues, among them the recommendation by Garda Commissioner Martin Callinan to promote a senior officer who was under investigation.
Appointed by Shatter in June 2011, Connolly was charged with receiving confidential reports of corruption or malpractice within An Garda Síochána from garda members or civilian employees.
As we said above, the full transcript of this conversation has been published by Broadsheet.ie and some of the comments Connolly made to McCabe have been read in to the Dáil record. Connolly is said to have told McCabe:
“I’ll tell you something, Maurice, and this is just personal advice to you. If Shatter thinks you’re screwing him, you’re finished.”
These are remarks which the minister wasn’t able to definitely prove that Connolly had said, but which Connolly apparently wasn’t able to deny he had said, as a result the garda confidential recipient was was sacked yesterday and the office itself has been abolished.
In a statement, Shatter said: “I informed him [Connolly] that in the context of his failure to unequivocally repudiate the content of the alleged conversation or take the necessary action to restore public confidence in the office of Confidential Recipient, I believed his position was untenable and I had no alternative but to relieve him of the position.”
Serving garda sergeant Maurice McCabe arriving at Leinster House last month to give evidence to the PAC in private session - a historic first. [Pic: Laura Hutton/Photocall Ireland]
'Ignored... and owed an apology'
In April 2012, two months after he met Connolly, McCabe made a formal complaint through the confidential recipient system but it went nowhere as far as he was concerned.
Feeling ignored by the confidential recipient, by the gardaí, and by the government, McCabe and Wilson brought their concerns to TDs, with Mick Wallace and Clare Daly taking up the case publicly.
McCabe has also given evidence to members of the Public Accounts Committee about cancellation of penalty points and the potential loss of revenue to the State. The PAC's examination of the matter forced Shatter to ask the now-maligned GSOC to investigate the penalty points issue last month.
On the wider penalty points issue, Shatter has accepted the findings of a report into the operation of the fixed charge notice system by Assistant Garda Commissioner John O'Mahoney which largely vindicated the operation of the system when it was published last year.
But the minister went further in his response to the report, claiming that McCabe and Wilson did not cooperate with the internal investigation.
He told the Dáil in October last year: "They didn't cooperate with the garda investigations that took place. Now I don't know why that is... "
McCabe disputes this and Micheál Martin claims it's just not the case that McCabe did not cooperate or offer to do so. He wants Shatter to apologise to the whistleblower.
The questions that need answering
Even with all this, the controversy does not end there for Shatter.
Last May, while appearing on Prime Time to discuss the penalty points saga, the minister revealed that Mick Wallace had been stopped by gardaí for using his phone while driving.
Wallace subsequently complained to SIPO and said Shatter made improper use of confidential information which had been given to him by the Garda Commissioner. Critics say this is an example of too cosy a relationship between Martin Callinan and the Minister.
Martin Callinan and Alan Shatter [Pic: Eamonn Farrell/Photocall Ireland]
But aside from that, most problematic for Shatter right now are these "extremely serious allegations" in the documents that have been with the Taoiseach since yesterday, and which it is claimed Shatter was told about two years ago.
It is clear that Shatter needs to account for what he knew and when he knew it in relation to these documents. Following on from that what did the gardaí know and what do they have to say about the whole issue?
But the two key questions for the minister are: Was he, as is claimed, made aware of the "extremely serious allegations" in the McCabe documents two years ago? And if so, what did he do about them?
And finally, don't forget the politics in all this
Politically, it should not be forgotten that Shatter was a key ally of Kenny's in the attempted Fine Gael heave of June 2010.
Shatter is a key ally for Kenny at Cabinet level. The others are James Reilly and Phil Hogan, both of whom have their own problems with the latter more than likely off to the European Commission in the summer.
But it shouldn't be forgotten that in some ways Shatter is also a key ally for Labour, particularly on various social issues the junior coalition partner has been pushing in government.
Shatter will be leading the arguments on the same-sex adoption bill and will theoretically be front and centre on the same-sex marriage referendum next year. The minister also gave one of the strongest speeches in favour of the abortion legislation last year.
But all that said, Labour won't be afraid to burn Shatter if he becomes politically toxic.
We're not at that stage yet, but if the serious outstanding issues which have emerged over the last 24 hours are not addressed and addressed adequately, be that a statement from Shatter or a full-blown inquiry, then trouble lies ahead for the novel-writing minister.
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If this was England Shatter would have resigned roughly 6 times by now.
Politicians there still have some honour.
If Shatter was a man at all he would resign now.
Yeah great honour just see their expenses accounts to prove it.
He should have been charged under the Data Protection Act when he childishly revealed another politician’s private dealings with the Gardai. Shatter thought nothing of sacking his sponsor Oliver Connolly for far less.
What really sickens me is that I’ll be helping to pay his huge pension if he only resigns. Sack the traitor.
Another politician, that’s the tax fella, that done you and I out of twice shatters pension, not a word about him, that’s why we are where we are…
Step out of the vehicle Gerry. You’re comment is incomprehensible.
Don’t drink and troll.
where are all the gardai and their hacks that tried to destroy my good name herein now .My hour has come to report them to the head of state Mr Enda Kenny . Any of you regular readers will have seen the truth in all of my comments and the way they tried to destroy and kill off my comments by their vile and evil attacks . By the way my pages are open transparent and can be seen
Pretty clear to me.
The President is head of State, Kenny is head of Government.
Byron…… you are right but the president is barred from dealing with matters like this, thus leaving Mr Kenny head of state of affairs
Shatter should have been a gonner when he and Callinan when they conspired to damage Mick Wallace – a political opponent – on the penalty points scandal. He needs to be ousted.
Mick Wallace – a paragon of virtue.
Wallace isn’t the issue. Information passing between a commissioner under fire and Minister for Justice under fire for the same issue, to undermine a political opponent, means the two of them should have been sacked.
The Shat has hit the fan
Out out out
Surely now – this corrupt Government of FG/Lab. must now fall and the Garda Commissioner Martin Callinan must resign too !
The worse part of it is that they all will still get big fat pensions and payoffs as a reward for their wholesale corruption!
Who would you like to see in Government and head of An Garda Siochana Ciarrioch instead?
Knee-jerkery. I don’t particularly like Shatter or his policies, but when you strip away all the sound and fury around this controversy, what exactly is the foul misdeed that he has been shown to have committed and which warrants the immediate of his political career? And I’m talking about a clear and indisputable act of malpractice – not the usual vague bluster about “corruption” and unsubstantiated allegations of “cover-ups”.
The indisputable act of malpractice was revealing confidential garda information about a citizen of this country live on RTE television. He should have been gone after that never mind the scandal around GSOC and garda corruption.
Malpractice? He mentioned that Citizen Wallace had been let off for an alleged minor traffic offence. He shouldn’t have let it slip, but his motivation was sound (i.e. exposing Wallace’s rank hypocrisy) and it was a pretty harmless revelation. You need to develop a sense of proportion, Tom.
The irregularities and miss handling of the Sylvia Roche Kelly Murder have been in the public domain for over a year, this should have been on everyone’s radar but media not much interested until now
A criminal got bail and then committed another very serious crime. While not ideal, the facts hardly represent a Garda corruption scandal.
The circumstances of the inappropriate granting of bail have been public knowledge.
It’s long been common knowledge that bail laws aren’t applied very strictly. In this case it appears the man was charged with an assault on a female taxi driver and given bail and then caught for another crime and because a guard didn’t tell the judge then that he was on bail for one other offence, a conclusion is arrived at that this is why a man was free to commit a murder- the alternative being there is no way he could have got bail. I think that’s far from something that anyone could be anything close to certain of. Also, the murder itself wasn’t mishandled. It was widely reported the man was jailed for life for it.
Brian, I hope you are not going to this so called National Tourist Conference in Ennistymon now that you have become a Fianna Fáil councillor in Co. Clare leaving the Green Party. The question most people are asking why people in the tourist industry Hoteliers, B and B and any related businesses to tourism never attend it only co. councillors and their wife’s or partners. The average cost of this junket to the poor tax payer is on average 8 to 900€ and this is only the first leg, the second leg is in Belfast in six months time and a lot more councillors go, the expenses are more (miles)
Similar circumstances occurred in the murder of a foreign girl killed in Galway. Her murderer was out on bail after rape allegations. In fairness the garda objected to bail but he was out and about. Rudiculous.
This is a very limited article, what about his drink drive incident? The Journal has missed out a lot here, Lurch aka Shatter has a very long history of controversy!
What about as minister of justice he called Ireland friends of Israel? After they stole passport numbers for espionage? A little conspiracy theorist in me….
@Michael
It wasn’t him who was drink-driving; it was his wife.
http://www.independent.ie/irish-news/shatters-wife-in-drinkdriving-ban-26709770.html
Can’t believe that RTE news at 9pm have the Ukraine as top story tonight. The national liar once again bowing to political puppet masters. Independent me hole.
My thoughts were exactly that at 6. Another bunch of crooks at work.
I’m not, by any stretch of the imagination, a shatter fan but I’m sure every national broadcaster in Europe had that as their top story.
Of course Shatter will survive this. He is at the heart of Enda regime. These inner circle FG politicians are untouchable. Dont you worry there will be another leaked story next week by the FG propaganda press office to take the heat off.
With the mess OReilly has made and Hogan also you can bet that Shatter is safe.
The name’s Reilly.
James Reilly.
Great can contribution knob.
There can be no confidence in our police force or the people who are tasked to hold it to account while either shatter, callinan or (folling their performance at committee) the heads of GSOC remain in their posts.
Seriously. He’s 63. That hair is very brown. I would go so far as to say unbelievably brown.
It’s probably brown from having his head up his own arse so much and so often.
And they called Bertie Teflon..
Well the only thing that sticks to a sh1te is flies…
Not everything he introduced in his bills are of primary benefit to the country.
Changing the law allowing barristers to work directly for large law firms is NOT in the public interest. They will be limited as who and what they advocate for.
Supposedly Shatter as a long standing solicitor decided.he wanted to become a barrister. Only thing is, he didn’t want to have to enter the Kings Inns. He wanted special treatment. This was of course denied to him. He is a little begrudgingly and takes issue with the profession as a result. He has all but ruined the profession for Junior council.
At this stage it’s starting to seem like an elaborate conspiracy to give loads retired judges new jobs.
Shatter is in the middle of the golden circle and is the brains behind Kenny so he aint going anywhere!
If Shatter is the brains behind Kenny he should be sacked for dereliction of duty.
I wouldn’t put that on my CV for a job-bridge position in McDonald’s.
LOL!
I think it’s done by weekly rota.Shatter one week,Hogan the next,James Reilly the one after that.
Shatter in Greece at the moment perhaps he will head a bit further east to his beloved Israel and seek political asylum there
If Shatter and Callinan both go but most of the top Guards stay, the current culture of the force remains unchallenged.
If the Garda ombudsman is not fully independent and with equal powers to the one in the North.
If policing and Judiciary appointments are not completely out of political hands then their resignations are pointless and serve to cover up a mess rather than improve things.
The police have to answer to the government of the day if they’re to be made accountable to the public. Having them answer to some unelected quango would create a democratic deficit.
Can media outlets please stop adding “gate” onto the end of something to signify a scandal. The watergate scandal wasn’t the watergate-gate nor was it the water-gate ie water scandal.
A bit of intelligence in the media wouldn’t go amiss from time to time, and just cause some news agencies do it, doesn’t mean you all have to!
I think Mr Shatter will be out of a job before this weekend is over, and it’s not soon enough.
Of course he survive. He an Irish politician , no personal responsibility, Big fat pay cheque and above the law.
Shatter out , he has to go , Callinan too ,
and certain members of the media should be for the chop as well .
there is so much corruption under this FGregime
i very much doubt kenny will have the balls to push , and so corruption will carry on regardless
What amazes me in all this is that there seems to be an acceptance by Minister Shatter and the government that it’s perfectly in order for the guards to investigate the guards. And if they then say “move on now, nothing to see here” well that’s all right then. How can that have credibility in anyone’s eyes?
This government and the opposition suck ass.
Shatter will not resign and Bell-enda & the Labour party dont have the b*llock’s to do anything about it
If labour have any respect for the people who voted for them the plug should be pulled on this now.
no chance of Libour pulling the plug ,
they holding onto those fat ass pensions very very tightly
Labour will go the way of the greens unless they make a stand at some stage before the next elections.
A much understood man who has total trust in An Garda Siochana knowing that there is no such thing as Garda misconduct. We are blessed by a lily white Garda force. Garda misconduct is an oxymoron.
May the force be with you, Obi Wan Shatter, because it surely is.
Nice big up for Shatter at end of the article I wish the journal were less worried about covering their own behinds.
Back to writing floppy books for u shatter ha gudluck!!!!!
Floppy disks even
An opportunity for the government to show some credibility. ..excuse me while I……sack the f**…..
Smarmy arrogant dinosaur
Vril,excuse my ignorance but could you explain this “governmental credibility” to me please.I don’t think I have ever heard of such a thing???
I like you Ru…lets have dinner…
Jeeeez imagine any FG /LAB councillors looking for votes in local elections.
Thank you for this!
Hey love the journal and I rarely criticise it but if you’re going to tell the whole story (work ethic achievements controversy) make reference to his
A) autocratic attitude
B) deflecting questions
Both of which he is known for more so than most politicians.
His position is no longer tenable. Shatter out.
Time for him to go – surely the Government will do the correct thing? (Me wonders)
It’s getting so serious now. Assist and commissioner accused of assaulting whistleblower last month
Yeah…. Another fkn inquiry costing millions which should not have happened in this farclly ran country , were 100,s of public servants receive more than Barrack O Bama
Eh Stephen hate to burst the bubble but the good old President of the USA receives $400,000 a year, a $50,000 per annum tax free expense allowance, free accommodation in the White House, a lovely Dacha style holiday home resort, free air travel on Airforce 1 and the associated helicopter, free armoured limousines, never has to,put his hand in his pocket, and doesn’t even have to wipe his own backside. Some Irish public servants may be well remunerated but they haven’t quite reached that level yet! I feel the outrage man but let’s try to keep real here !
In fairness Obama is the President of the greatest nation on earth, Ireland is a small insignificant country who for some amazing reason feels that it should pay it’s top public servants more than the majority of the top nations do.
Can someone please explain why Shatter was not charged for a breach of the Data Protection Act when he mentioned information about Mick Wallace? Parliamentary privilege maybe? In that case it would be interesting to see what happened if he mentioned it again outside the Dail.Alan Shatter has brought Irish Justice down into the murky waters of possible corruption and if Kenny wants any sort of result in the coming elections he has got to ditch this devious minister now!
I now know Shatter mentioned Wallace’s information on TV, in that case why was this not investigated by the Gardai?
Any chance of his sidekick Callinan resigning as well, but of course that won’t happen as this is Ireland. Even if they were to go, you can guarantee that they would be well looked after for the rest of their lives, big payoff and a pension that most of us can only dream about.
Love a decent explainer!
Can someone explain why that the man in charge of the Gardai, Commissioner Callanan, is not investigating wrong doing and bad management in his own force and pursuing his own reforms. Why does it take external people to force this? Ultimately that’s where the problem lies.
Going forward we need to abandon internal promotions to the top job in all public positions and all these appointments should only be on a reform and efficiency plan agreed as part of the interview process.
Guys?!?!?!lets start the shatter memes…that lovely pudge of his would suit a myriad of tongue in cheek go f**k yourself captions
He should be gone..and no pension is the punishment…he can get old age pension but that’s it!!!!he is lucky that he s not in another country as could be hanged or shot ..another cover up by a corrupt individual ….he should feel ashamed
Ahh hes fair tough give him his jew
Terror the whole thing really
Shatter is an arrogant buffoon & both he and the garda commissioner have handled this debacle appallingly but I suspect Garda Sargent mc cabe is not quite the saint some media and now political pundits have not done their home work. Mc cabe has been the boy who cried wolf for years now and appears to hold a personal grudge against numerous colleagues.
Transferred from cavan to dundalk, then completely out of that district along time ago to desk duty in mullingar he has apparently never received an actual sargents posting anywhere, it does beg the question why he was ever promoted in the first place.
Whilst I don’t doubt some cosy dealing going on at root and branch level we have come a long way from penalty points to bizzare accusations about more serious crimes not being investigated. I would expect the likes of ming Flanagan, wallace etc to jump on the bandwagon but serious politicians should be far more cautious about taking mc cabes word. I have a feeling when the entire truth comes out mc cabe won’t look like quite the mother Teresa he is now being portrayed as being. I am quite amazed not single journalist has bothered to examine mc cabes & the other whistle blowers own record.
How can Hugh O’Connell say in the piece we are not that stage yet where Minister Shatter should go ? He should be gone a week ago have you actually been listening or looking at what’s going on the past few days. shatter didn’t bother to investigate a dossier of serious crimes for 2 years just to save his friend Martin Callinan. Scandalous
He is the minister for justice.
Introducing 1 in 6 of all bills is hardly an indicator of high functioning individual.
Shatter deserves to be relieved of his position as it’s now pretty much untenable. I do hope that Shatter isn’t made the scapegoat here and once he steps aside, everything that has been disclosed over the past few weeks which highlights the corruption, cosy relationships and deceit that is endemic in our higher levels of government is ignored.
The pressure should be maintained and the public should demand change to this failed system that is designed to benefit the few at the expense of the very people that pay them and vote them in. What we require here is a total shake down of the system from the top down, changes that put the people before political loyalties, country before party, honesty, accountability and transparency.
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