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Taoiseach expresses '100% confidence' in garda boss

Frances Fitzgerald said she has had ongoing discussions with the Garda Commissioner
Frances Fitzgerald said she has had ongoing discussions with the Garda Commissioner

Taoiseach Enda Kenny has said he has "100% confidence" in Garda Commissioner Nóirín O'Sullivan in the wake of controversy over aspects of the O'Higgins investigation.

Speaking to RTÉ News in Washington, Mr Kenny said Ms O'Sullivan was the first woman commissioner and was overseeing the most radical overhaul of the force in the history of the State.

The garda commissioner is under fire over leaked documents linked to the O'Higgins investigation, specifically detailing the motivation of garda whistleblower Maurice McCabe.

Sgt McCabe's concerns triggered a Commission of Investigation into the standard of investigations in the Cavan and Monaghan district.

The leaked transcripts appear to show that Ms O'Sullivan's lawyer told the inquiry that Sgt McCabe had been motivated by malice in making his concerns known.

However the senior counsel later said it was an error on his part to question the integrity of Sgt McCabe.

Commissioner O'Sullivan earlier this week issued a statement saying she never regarded Sgt McCabe as "malicious".

However a number of politicians have called on the commissioner to clarify the situation.

The Taoiseach this evening said he assumed Ms O'Sullivan would use any opportunity she could to present whatever information that she legally could relating to the commission of investigation.

He said that leaking any documents relating to the commission was illegal.

Mr Kenny, speaking during a two-day visit in the US for 1916 centenary events, said there was no damage to the force in general and that whistleblowers were "an important part of Irish life and the commissioner supports them 100%".

Earlier, Minister for Justice Frances Fitzgerald told the Dáil she has no doubts that Ms O'Sullivan will seek to clarify the controversy surrounding the O'Higgins report and the leaked documents.

Ms Fitzgerald told the Dáil that the Garda Commissioner is entitled to confidentiality in her dealings with her legal team, as any citizen is.

Minister Fitzgerald said she wanted to put on the record of the house what the O’Higgins Commission of Inquiry said about Sgt McCabe.

She read out part of the commission's report where it said that he acted out of genuine and legitimate concerns.

She also reminded deputies that the Garda Commissioner has accepted the findings of the investigation.

Ms Fitzgerald said that the report has been forwarded to the Police Authority and it will be discussing it with the commissioner.

She said the authority is an independent body and it would not be correct for her to direct their work.  

Fianna Fáil leader Micheál Martin asked the Tánaiste about the controversy surrounding the O'Higgins report and the leaked transcripts.

He said the issue needs to be comprehensively addressed and cannot be left as it is.

Speaking outside the Dáil, Mr Martin said that he does have confidence in Ms O'Sullivan as Garda Commissioner. 

Ms O'Sullivan is facing increased pressure to clarify the situation regarding Sgt McCabe.

Sinn Féin leader Gerry Adams said the responsibility of the Opposition is to hold the Government to account, while Minister Fitzgerald should hold the Garda Commissioner to account.

In response, Ms Fitzgerald said she does not think it is appropriate for her to respond to allegations made in the transcripts and pointed out the allegations and issues referred to in the report happened in 2007 and 2008.

She said we have a relatively new commissioner dealing with complex issues and "I believe we should give her our support to continue the work she is doing."

Mr Adams asked if the Tánaiste has asked the commissioner what instructions she gave her legal team?

He said Minister Fitzgerald needs to ask the commissioner that question and report back to the Dáil.

The minister said she would share as far as possible what she could but it is incorrect to say the full information is in the public domain and the only person with all the information is Judge Kevin O'Higgins.

She said there is some information in the public domain, which is based on illegal action.