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Frances Fitzgerald sets up full inquiry and an independent Garda authority

The new Justice Minister announces plans for “new era of policing”.

Guerin report. Interim Garda Commissio Interim Garda Commissioner Noirin O'Sullivan and Justice and Equality Minister Frances Fitzgerald today. Laura Hutton / Photocall Ireland Laura Hutton / Photocall Ireland / Photocall Ireland

THIS IS WHAT the new Minister for Justice and Equality Frances Fitzgerald had to say on the Guerin report just now:

THE report by Mr Seán Guerin SC reaffirms that we must now enter a new era of policing in this country and that organisational reform and cultural change is essential.The content and the findings of the report are extremely grave. The report finds fault with the adequacy of the performance of An Garda Síochána and the Department of Justice and Equality. I am also concerned at the comments in the report about GSOC and its relationship to the enquiry.In Ireland, the law is for everyone. And everyone is equally accountable before it.We will ensure that we have a fair and functional system where genuine allegations of wrongdoing are treated in an effective and accountable manner.I am determined to introduce a comprehensive set of measures and reforms to ensure confidence in An Garda Síochána; to address systemic failings in the oversight and accountability of the force; and to support the men and women of An Garda Síochána who play such a vital role in keeping our communities safe.

These measures and reforms include:

  • A Commission of Investigation will be established arising from this report. This Commission will provide a forum where the complaints made by Sgt McCabe can be fully addressed; 
  • A new independent Garda authority will be established to exercise effective oversight of the Garda Síochána. I will be bringing forward comprehensive legislative proposals to the new Cabinet Committee on Justice Reform to establish this authority; 
  • The Protected Disclosures Bill, which was brought forward by the Minister for Public Expenditure and Reform, is being amended to enable the Garda Ombudsman Commission to receive reports from Garda whistleblowers and to independently investigate them; 
  • The Joint Oireachtas Committee on Justice, Defence and Equality are currently examining the adequacy of GSOC’s legislative framework, and I look forward to their recommendations.

Today’s report is clear that operational policies and procedures within An Garda Síochána were inadequate in the cases examined; including with respect to performance and professional standards, consistency of approach, recording and management and supervision of individual cases. The report further raises fundamental questions about the treatment and response to victims of crime which must be addressed as a matter of priority.

I have today met with the interim Garda Commissioner Noirín O’Sullivan and we have discussed a range of issues. I welcome the fact that Commissioner O’Sullivan has already signalled the need for a sea change in the culture of the Force. She will have my full support in doing whatever is necessary to achieve this.

I view with the utmost gravity the concerns raised by Mr Guerin about procedures for dealing with complaints in my Department. I intend to ensure that the issues raised are dealt with comprehensively and robustly. The Secretary General of my Department will ensure that the handing of complaints received by the Department meets with best practice in receiving and responding to complaints.

This report will be debated in the Dáil next week and I look forward to listening to Deputies from all sides of the House.

I am aware that these are difficult times for An Garda Síochána but I believe our communities recognise from their own experiences the valuable and very important work done by members of the Force day in day out. The process of reform which is underway; and which I will lead, is intended to support the men and women of An Garda Síochána in carrying out that work.

Breaking down the Guerin report: The complaints, the cases, the mistakes>

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    Mute clive guthrie
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    May 9th 2014, 3:06 PM

    At last a step in the right direction, pity the way it had to happen.

    71
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    Mute Joyce Galgey
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    May 10th 2014, 12:03 AM

    In July 2013 Ciara Conway asked the Minister for Children and Youth Affairs #Francesfitzgerald when the
    findings of the investigation following the absconsions from Gleann Alainn special care unit in
    October 2011 will be available; if she will provide an update and a timeline for publication; and
    if she will make a statement on the matter.
    Minister #Francesfitizgerald said her department has sought the information requested by the Deputy from the HSE and I will provide the Deputy with the information as soon as it becomes available.
    The findings of this investigation are still not available over 2 and half years later.
    Minister Fitzgerald

    6
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    Mute gerbreen
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    May 9th 2014, 3:02 PM

    Another quango. But one that is needed for a change. So why didn’t Shatter announce this earlier? Unless election sound bites.

    34
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    Mute John Campbell
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    May 9th 2014, 3:33 PM

    Everything will change and nothing will change.

    32
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    Mute Michael
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    May 9th 2014, 3:02 PM

    Looks like a scene from Cagney & Lacey. Appointing a new commissioner however should have nothing to do with gender. The intern commish is tainted by who trained her! We need a new outside Commish similar to the PSNI, if she gets the job it’s just a political stunt.

    28
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    Mute SeanieRyan
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    May 9th 2014, 3:11 PM

    The acting Comm. has lost credibility through association and the senior rank she enjoyed in the force.

    No doubt she was the good egg in a stinking basket at the top but we need an outside commissioner.

    19
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    Mute Derek Thomas
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    May 9th 2014, 3:29 PM

    Agree. New (outside) commissioner required. Ms. O’Sullivan complicit in not taking action.

    21
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    Mute Niall o' Sullivan
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    May 9th 2014, 2:57 PM

    So that’s what Shatter had in mind post report. These are his proposals.

    25
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    Mute David Burke
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    May 9th 2014, 3:00 PM

    And they are excellent. Long overdue.

    I’d note he resigned but there are a bunch of guards accused of pretty insane corruption or incompetence who haven’t been fired. Or even suspended. Or even talked about or criticised.

    69
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    Mute SeanieRyan
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    May 9th 2014, 3:04 PM

    If he had come out with these at the time of GSOC or any other scandal in the last year from the force he would now be hailed by the public.

    Instead we got huddling with Callinan, not dealing with the Penalty points openly, the way he treated McCabe and Wilson.

    His own worst enemy in the end.

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    Mute David Burke
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    May 9th 2014, 3:13 PM

    Of course the minister is going to express support for the commsioner. You can’t half support the head of your police force.

    You either support him fully or fire him.

    22
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    Mute SeanieRyan
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    May 9th 2014, 3:24 PM

    Paragraph 19.98

    ———————————————————————————————————————————–
    Paraphrase: The Minister went no further in determining McCabe’s complaint than asking and receiving advice from one man, the man who was the subject of the complaint.
    ————————————————————————————————————————————-

    Shatter is an exceptionally intelligent and diligent man. As so often in Ireland the deference to authority and to uniform, to good relations, trumped all reason and learning.

    17
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    Mute SeanieRyan
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    May 9th 2014, 3:27 PM

    Shatter had enough grounds to fire him.

    That Callinan did not even see the need to stand down earlier shows the mindset that leads to problems like this.

    No one bar Shatter turned this from a potential triumph in to a a crisis that led to both he and the commissioner being thrown out.

    15
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    Mute gerbreen
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    May 9th 2014, 4:35 PM

    Callinan had Shatter by the short and curlies. Eventually it was taken out of Shatter’s hand. So Callinan went. Shatter’s position was always on a knife edge.

    9
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    Mute Derek Thomas
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    May 9th 2014, 3:32 PM

    The Department of Justice (?) needs a complete overhaul also. Will we see that ?

    21
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    Mute Saul goodman
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    May 9th 2014, 2:56 PM

    So many articles about one subject.

    19
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    Mute Reg
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    May 9th 2014, 3:15 PM

    A Journal habit Saul. Surprised we don’t have an article to mark Gerry’s one week anniversary!

    21
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    Mute Conor O'Callaghan
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    May 9th 2014, 3:25 PM

    I don’t recall ever seeing a Garda Commissioner in public not wearing the full attire which comes with the position, as in the picture above. I’m not sure if this is a good thing or a bad thing. I’m also not sure if I even care, but it’s making 5pm come that bit faster.

    17
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    Mute Paul Roche
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    May 9th 2014, 3:51 PM

    I like that Noirin O’Sullivan left the uniform at home.
    It underlines the difference between a political meeting and an official Garda meeting. I hope to see a lot more separation of function.

    11
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    Mute Niall Mullins
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    May 10th 2014, 6:41 AM

    That’s exactly what they wanted you to think Paul and it obviously worked! Beware the wolf in sheep’s clothing!

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    Mute Christopher Gardiner
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    May 9th 2014, 3:24 PM

    I see she has taken on the obligatory grumpy face and serious tone and formal outfit.

    9
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    Mute Mark Miller
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    May 9th 2014, 2:59 PM

    I just threw-up a little bit.

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    Mute niamh henry-bezy
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    May 9th 2014, 10:50 PM

    Relax, women are now in charge. Sorted.

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    Mute Mac Dara Powell
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    May 9th 2014, 8:03 PM

    Their needs to be an absoloute separation between the minister for justice and the commisioner.

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    Mute Monkeygibbo Brendan
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    May 9th 2014, 5:10 PM

    Right that’s it. As and from today I’m setting up an inquiry to find out why I’m still waiting for a job in this country. Wallace was correct on Ray D’arcy yesterday about the amount of non contract jobs. Do you think if I set up an inquiry I’d be paid? Oh that’s right I’d pay myself!!!!

    4
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    Mute Joe VanTonder
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    May 9th 2014, 9:19 PM

    Minister said: ” … the law is for everyone. And everyone is equally accountable before it. We will ensure that we have a fair and functional system where genuine allegations of wrongdoing are treated in an effective and accountable manner.”. Minister, thank you for seeing it.
    Please clarify for us – does this include addressing offences committed in the past during “in camera proceedings” referring to past rapes, defilements, endangerments, abductions, torture, homicides and the like?

    3
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    Mute Joe Burns
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    May 9th 2014, 10:53 PM

    No, the corruption in the Child Abuse Industry will continue unabated for now. That’s the beauty of the secret courts and the in camera rule, “Hear No Evil, See No Evil So No Evil Exists” and crimes committed cant be reported or prosecuted because corrupt judges will jail you in secret for speaking out and trying to report crime to corrupt Gardai who wont investigate.

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    Mute Catherine Mill
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    May 10th 2014, 4:39 AM

    Exactly, and now with the old minister for children becoming the minister for Justice, a lot more will be hidden from the people.
    With Ireland assimilating non Irish children into white Roman Catholic families, it is worrying as it an exact copy of Hitler’s regime, “in the best interests of the children” of course. Sweden also doing the same too.

    2
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