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Updated: 4 February, 13.38
THE TAOISEACH HAS defended making Alan Shatter aware of the terms of reference of the Commission of Investigation into Garda malpractice before the Dáil knew what they were.
During Leaders’ Questions today, Gerry Adams asked Enda Kenny if it was “normal practice” to send terms of an investigation to a backbencher before making them known to the lower house.
Fianna Fáil’s justice spokesperson Niall Collins raised the issue last night:
Shatter was also told that Justice Kevin O’Higgins was to be the sole member of the Commission before the information was presented to the Dáil or made public.
Kenny said the former justice minister had to be made of the terms as he is involved in litigation surrounding the investigation.
He also rejected Adams’ assertion that the fact letters were sent from Shatter to him and Ceann Comhairle Seán Barrett regarding the issue had to be “dragged out of [him]“.
Yesterday evening, the Taoiseach’s office published correspondence between Kenny’s private secretary and Shatter’s solicitor regarding the former justice minister’s objections to elements of the proposed inquiry into Garda malpractice.
The letters show that Shatter was made aware of the terms of reference on 21 November. last - a month before they were published by the Justice Minister Frances Fitzgerald.
The release of the correspondence came on foot of the Ceann Comhairle’s decision last week not to allow the Dáil debate the setting up of the Commission. (That decision in itself caused another, now-resolved row between Barrett and the opposition parties. More on that here.)
Ceann Comhairle withdraws comments about Fianna Fáil:
The correspondence, published in full here, dates back to September and covers the proposed terms of reference for the Commission of Investigation into allegations of malpractice in the Cavan-Monaghan Division of An Garda Síochána.
The Commission, chaired by Justice Kevin O’Higgins, has been established on foot of the findings and recommendations of a report by barrister Seán Guerin into claims made by the garda whistleblower Maurice McCabe.
Guerin’s damning report led to Shatter’s resignation as justice minister last May. However, the Fine Gael TD has since lodged a High Court action to overturn some of the Guerin report’s findings.
Now this new correspondence shows a series of exchanges between the Taoiseach’s private secretary Nick Reddy and Shatter’s solicitor Brian Gallagher of Gallagher Shatter, a law firm in which Alan Shatter is a partner, between 9 September and 17 December 2014:
In the first letter, dated 9 September last year, Gallagher writes to the Department of the Taoiseach raising concerns about the then-unpublished terms of reference for the Commission of Investigation.
Gallagher states that Shatter is “gravely concerned” that the terms of reference would include matters in the Guerin report concerning Shatter’s conduct and his High Court challenge to certain aspects of the Guerin report.
According to the letter, Shatter is “strongly of the view that the conclusions were wrongly and unconstitutionally arrived at”. The letter seeks assurance that these matters, subject of the court action, will not form part of the terms of reference.
In a response on 7 November, the Taoiseach’s private secretary Nick Reddy essentially says that the Government is of the view that the content of the Guerin report and the conduct of Seán Guerin himself cannot have any bearing on the Commission of Investigation.
“The Commission process is wholly independent, separate and distinct and is governed by Statute in all material respects,” writes Reddy.
In its response to Reddy on 17 November, Gallagher writes that Guerin’s conclusions on Shatter as “a Minister or as indeed as a politician and lawyer are irredeemably flawed”.
It says that to suggest there is no “causative connection” between the two processes – Shatter’s legal action and the Commission of Investigation – is “simply a fallacy”.
A brief response from Reddy on 21 November includes a draft of the terms of reference for the Commission of Investigation and states that the Government considered the matters set out in those terms of “significant public concern”.
A response from Gallagher on 25 November says that Reddy’s previous response “ignores” the substantive issues raised in the previous correspondence and seeks a “substantive and detailed reply”.
Reddy acknowledges the reply on 26 November and promises to “revert to you”.
But on 8 December, Gallagher writes to Reddy again to note that there has been no substantive response. Enclosed with this letter is a copy of Alan Shatter’s letter (on his own Oireachtas stationery) to the Ceann Comhairle.
It is in this three-page letter, which we first learned about in the Irish Times last Friday, Shatter says he is “sorry to have to write to you about this matter”.
He essentially asks for the removal of references to him from the Commission of Investigation’s terms of reference. If references to Shatter, in his former role as minister for justice, were not removed, the TD writes.
“It will be a direct and over encroachment and interference by Dáil Eireann in judicial proceedings that are presently before the Courts and will be a dangerous and unprecedented encroachment by the Dáil on the functions of the Courts.”
Shatter says he is happy to meet with the Ceann Comhairle to “respond to any questions you may have”.
In the final letter of the correspondence released this evening, dated 17 December, Reddy writes to Gallagher to essentially dismiss Shatter’s concerns.
The letter says that the Government does “not accept your client’s contention that the establishment” of the Commission “would constitute an unlawful or unjustifiable trespass on the current High Court proceedings” or “would interfere with the proper administration of justice”.
It adds that if the Commission is “competent enough to make arrangements to avoid a conflict” between the court proceedings and its own work.
It now remains to be seen whether Shatter will seek to challenge the establishment of the Commission of Investigation through the courts.
Additional reporting by Órla Ryan
Originally published: 3 February, 19.10
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And to think it wasn’t that long ago that the entire government had full confidence in Mr shatter and he was a man of integrity to the government.
When all is said and done our children will blame us for putting up with this and stagnating their country. We are a shower of sheep. This government FG,FF,LABOUR,SINFEIN…whoever, are walking all over us. So let’s keep on debating in the shadows on social media, lovely.
Bring back shatter, He the man to sort out
The ploice.
A state run behind closed doors is but a dictatorship and this government has all the hall marks of a gang is a mob
Harry, learn to write a proper sentence, then come back online to comment.
When governments fear the people there is liberty. When the people fear the government there is tyranny.
Mr. Shatter appears intent on ensuring that he places the vindication of his personal rights ahead of the public interest. That is sad and unfortunate.
I wonder if it would be possible to expedite Mr. Shatter’s Judicial Review, dispose of it as a distraction and obstacle and then let an important and urgent Commission of Inquiry proceed without delay.
I hope that this entire sage is not being choreographed so as to frustrate the Commission of Inquiry.
new movie ,,, ” the ego has landed ”
For sure!
Pride goes before a fall.
On reading the replies from the Taoisheac’s office, you would be under the impression that despite what Shatter is bleating about, the terms of reference and the inquiry would go ahead. Shatter’s letter to Barrett did put him under pressure. Then lo and behold, despite all the correspondence between Shatter’s solicitors and the Taoisheac’s office, when asked a straight question by Mick Wallace Kenny indicated by a negative shake of the head that he knew nothing about any correspondence. Between the three of them, Shatter, Kenny, and Barrett, they have brought the Dail and the operation of the Dail into disrepute. The correspondence would indicate that Kenny was dealing with Shatter in the proper manner. The subsequent actions by Kenny and Barrett would indicate that they rallied round Shatter to protect him from the enquiry, by refusing a debate on the terms of reference. It would also confirm that Kenny lies in answer to questions put by TDs in the Dail, and only comes clean when he knows he wont get away with it. The whole debacle just adds fuel to the claims that politics in this country is mired in corruption.
Spot on Dave.
Well that shake of the head by Enda is now a matter of record and we all know what that record says.
Enda you Quisling you are a Liar!
Alan Shatter,
Go back to writing your dirty books,
You durty, durty Gob***** ……
We all know he doesn’t listen… Nothing new there!
Get the feeling Shatter has a bone to pick with Kenny……..watch your back Enda…haha
1st red thumb……is that you Enda….
Something as serious as that, he didn’t know if had the letters and wasn’t brought 2 his attention ur a despicable disgusting man Kenny I’d just love 2 say worse but it wouldn’t be published, I can’t even look at his face on the news anymore.
Nobody can look at him without getting very very annoyed
Didn’t enda say there was no letters?
Eh, wasn’t millionaire author, solicitor and part time politician Alan Shatter elected to represent the people of his constituency? ? Seems like all this man can do is represent his own interests. What a seriously despicable individual. Sooner the better he is sent to the glue factory
Bet they elect him again nonetheless!
Frightening thing about all of this SHATTER / KENNY / BARRETT, have brought the Dail into disrepute and they are still in office, something stinks in the body politic here.
In fairness the body politic in Ireland has been putrid for many years. Enda is just following precedence….
It baffles me why the media are not calling for kennys resignation
Enda thought that Alan Shatter was fit for the job for months AFTER Mr. Shatter blurted out against Mick Wallace ..
I wonder if Enda has a bit of gossip on all of us – got it from the guards like – wouldn’t really matter if it was true or not -
Did Mick Wallace even have a phone to his ear or was that just gossip ?
Are the guards just ould gossips ? – I hope they aren’t – but you can see who the current regime ahs called the Gardaí into disrepute …
I hope Mr. Shatter didn’t have hidden reasons for any of this – no one likes a hidden or sleeping agenda !
Shatter will do his best to bring down this government as he is a nasty, spiteful, bitter man who believes in revenge, the old primitive ‘eye for an eye’ stupidity.
Endasaid no correspondence in the dail,two weeks later is found out lying and he says the dail record will be corrected,surely this cannot be right.the lie should remain on record and added under it that this was uncovered, and here is his excuse for lying
Shatter wouldn’t even pay for a stamp for his letter to the Ceann Comhairle, tight git making the taxpayer pay.
Listening to Kenny in the Dail correcting the record, like McNulty affair, furiously back peddling. .
This is a recurring theme for him, he’s rapidly becoming the most dishonest politician of all.
A touch of the Charles Haughey.
you easily set those correspondence events to the tune of lannigans ball,,or make a great episode of ”yes minster”
Shane, yes, there is Lannigan’s Ball quality to the correspondence. I just hope that it is not all contrived.
Good to see the Taoiseach’s office standing firm on this. Shatter is running scared. Hopefully any malpractice will finally be exposed
Not being rough but the whole system here is as corrupt as hell, how many ministers here have survived scandals so far???
Enda hanging another ex collegue out to dry. What a leader be careful he might release his report on Shatter as minister next. Remember when he promised that?
Im sure he is shattered by this openness
Barrett is a total header and has proved it time and time again by his antics. He is not fit for the office . Kenny and Shatter we know about but what of the propriety of retaining his own law firm as his advisers. Who was the real author of the letters to Kenny’s Office?
If it was Shatter then he has a fool for a lawyer and an even bigger fool for a client but we should not be at all surprised given his character . He cannot becalmed delay a properly constituted enquiry for his own narrow personal interests (which incidentally are all in his tiny mind)” JR is a total waste of time and money here but point is that I imagine Shatter is covered by the State for his legal costs as he is suing on a matter that is alleged to have taken place when he was a Minister of State so he should be indemnified. Neat trick if you can pull it off. Barrett is a old fool obviously partisan and trapped Shatter’s suggestion like a drowning man grappling a life raft. It will all end in tears and Guerin SC will be fully vindicated
I take it there’s an Attorney General who sits at cabinet advising the government about this…
Oh wait…
I think Shatter wants to bring down the Government..
Might be the one good thing to come from him
I’LL tell you something, Maurice — and this is just personal advice to you — if Shatter thinks you’re screwing him, you’re finished.”
that remark tells us everything we need to know about Shatter.
He has not gone anywhere and Enda will need to be very careful. Interesting times ahead!
It looks like the red thumbs are going in one direction, pro Shatter, and the Comments are going in the opposite direction. Interesting.
After all the scandals this government are involved in. Enda K portrait won’t look out of place hanging beside haughty, Bertie and cowen. Political privilege still outweighs Political reform. Letters can be lost one day and found the next. Councillors developers and auctioneers have escaped justice For underhanded property deals. Every council is in debt because of mismanagement and corruption.
haven’t we heard all this crap before this situation is a re run of how politics are done in this country and that all the misconduct will never happen again the government and higher public servants regard the public with comptempt and how dare we question them ???????
Why was Alan Shatter given information about Garda investigation before other TDs?…………
CORRUPTION
If this is the new way of “doing politics” then bring back Charlie Haughey.
an extra solicitors eye never hurts. FG just being thorough yet again. well done FG
It stinks and this government stinks to the high heavens…
Because they are all corrupt that’s why,destroy all parties in election
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