Questions remain after Taoiseach admits giving whistleblower inquiry details to Shatter before the Dáil

TAOISEACH ENDA KENNY has admitted that he gave scandal-hit former Justice Minister Alan Shatter the 'heads up' on the proposed terms of reference into the Commission of Investigation into reported Garda malpractice that forced Shatter's resignation – EVEN BEFORE THE DÁIL WAS SHOWN THE TERMS.

The incredible admission of the interaction between the Fine Gael leader and his Fine Gael party colleague came when Sinn Féin leader Gerry Adams TD pressed the Taoiseach again on the matter during Leaders' Questions on Wednesday 4 February.

This followed Enda Kenny's begrudging disclosure of correspondence between Alan Shatter – still a Fine Gael TD – in which Shatter has strenuously lobbied the Taoiseach and Ceann Conhairle Seán Barrett (both Fine Gael party colleagues) to have him excluded from the new inquiry into alleged Garda misconduct.

Shatter alleged that the inclusion of references to his handling of claims by Garda whistleblower Sergeant Maurice McCabe would interfere with or prejudice a High Court action he is taking.

Shatter's letter to the Ceann Comhairle led Seán Barrett to rule out of order a Dáil motion which stated the inquiry would examine “the investigation by An Garda Síochána and the Minister for Justice and Equality and the Department of Justice and Equality of complaints made by Sergeant Maurice McCabe”. 

This suppression of a debate on such an important issue of judicial and Dáil integrity prompted a walkout from the Dáil of Opposition TDs, including Sinn Féin, Fianna Fáil and Independents (see video). 

This then led to the Ceann Comhairle going on RTÉ Radio to accuse Sinn Féin and Fianna Fáil of trying to undermine him, an allegation that he was compelled to withdraw on Tuesday.

Matters of extreme gravity

On Wednesday, Gerry Adams said in the Dáil during Leaders' Questions:

“Taoiseach, I want to return to your handling of events leading to establishment of the Commission of Investigation into certain matters relative to the Cavan/Monaghan Division of An Garda.

“These are matters of extreme gravity.

“In particular I want to focus in on your relationship with former Minister for Justice Alan Shatter and your correspondence with him.

'It is a matter of public record that Alan Shatter was embroiled in a series of controversies which were brought to your attention and others by Garda whistleblowers John Wilson and Maurice McCabe.

“Many of the claims made by these two courageous public servants have been vindicated.

“However, the Government’s and the then Garda Commissioner’s response was to stonewall until eventually the Garda Confidential Recipient resigned, to be followed by the Garda Commissioner and Minister Shatter.

“During this entire period you remained totally loyal to Minister Shatter. He resigned not as act of contrition but to save Fine Gael and Labour.”

In his resignation letter, Alan Shatter said: 

“I am anxious that any controversy that may arise on publication of the report does not distract from the important work of the Government or create any difficulties for the Fine Gael or Labour parties in the period leading in the European and local government elections. It is my judgment that the only way in which such controversy can be avoided is by my offering you my resignation.”

Dragging information out of An Taoiseach

On Wednesday in the Dáil, Gerry Adams returned the Taoiseach to the issues.

“Last week I asked you whether Teachta Shatter, or anyone acting on his behalf, had been in touch with the Ceann Comhairle or with you or with anyone else in the Oireachtas in respect of the Guerin Report.

“You failed to answer my question.

“When I pressed the issue, you eventually gave the Dáil limited information

“Taoiseach, this had to be dragged out of you.

“You did not divulge to the Dáil the content or the extent of the correspondence with former Minister Shatter as you are obliged to, including the fact that he had written to you last September.

“Taoiseach, yesterday, again under questioning, you revealed to the Dáil the existence of a voluminous amount of correspondence between your department and Deputy Alan Shatter.

“You also had to correct the Dáil record.

“Taoiseach, isn't it now clear that you have engaged in a series of evasions and diversions to avoid giving a full, accurate and timely account to the Dáil regarding ongoing and extensive correspondence between yourself and Deputy Alan Shatter?”

Taoiseach fails to explain

Later, Gerry Adams accused Taoiseach Enda Kenny of failing to explain:

● Why Alan Shatter received the Draft Order and terms of reference of the Commission of Investigation into matters relative to the Cavan/Monaghan Division of An Garda on 21 November 2014, a full month before they were published by the new Minister for Justice;

● Why Alan Shatter received the terms of reference before the Houses of the Oireachtas;

● Why Alan Shatter was told that Justice Kevin O’Higgins was to be the sole member of the Commission of Investigation before this information was presented to the Dáil or made public.

Gerry Adams said:

“I challenged the Taoiseach in the Dáil today to explain why a letter sent on his behalf on 21 November to Mr Shatter included a copy of the draft Order and Terms of Reference for the Commission of Investigation and why this was done before the draft order had been presented to the Houses of the Oireachtas.

“I further challenged the Taoiseach as to why, on 17 December, in another letter on the Taoiseach’s behalf to Mr Shatter, the former Justice Minister is told that Justice Kevin O’Higgins would be the sole member of the Commission of Investigation before this information was presented to the Dáil or made public.

“The Taoiseach failed to adequately answer my questions.

“It is now clear that Mr Kenny engaged in a series of evasions and diversions to avoid giving a full, accurate and timely account to the Dáil regarding ongoing and extensive correspondence between himself and Alan Shatter on this issue.

“That a Fine Gael backbencher with a central role in the issues under investigation was given draft Terms of Reference which the Dáil was subsequently not allowed to debate is further confirmation of the dismissive and disdainful approach of the Taoiseach and the Government towards the Dáil.”