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Updated 11.12pm
IT HAS BEEN a dramatic day in Leinster House where the government has been attempting to deal with the fallout from what’s become known as ‘gardagate’ – encompassing everything from circumstances around the Garda Commissioner’s resignation to the long-running whistleblower/penalty points saga.
The crisis that has engulfed the coalition in recent days has many strands to it, none of it simple to explain and many questions still remain.
This morning was dominated by Justice Minister Alan Shatter revealing what he could about explosive revelations that incoming and outgoing calls from a large number of garda stations have been recorded since the 1980s.
But that was later overshadowed by the Minister choosing to finally issue an apology to two garda whistleblowers for saying that they did not cooperate with an internal inquiry into allegations of malpractice in the penalty points system.
The Dáil spent several hours discussing the controversies and issues surrounding An Garda Siochána today.
Here’s what we learned, what it means and what questions still remain…
1. The Garda Commissioner got a visit before he resigned
The Taoiseach confirmed today that the secretary general of the Department of Justice, Brian Purcell, spoke to the Garda Commissioner on Monday night, prior to his resignation, to ensure Martin Callinan “be made aware of the gravity of how I felt about this and its implications”.
“You essentially sacked him,” Fianna Fáil’s Micheál Martin claimed, but Kenny vigorously denied such accusations.
One of the obvious questions which arises from this is why was a civil servant, who reports to Alan Shatter, conveying the views of the Taoiseach to the Commissioner and was Shatter aware that Purcell was doing this?
2. The Attorney General only raised the recordings controversy after Kenny called her – and she wouldn’t talk about it on the phone
It emerged today that Kenny had called Marie Whelan on Sunday morning and she indicated that there was another matter she wished to discuss with him over the phone – one which would have to be done in person.
The Taoiseach was eventually briefed at 6pm on the very serious claims that emerged yesterday.
“Well you may laugh,” said a stone-faced Kenny when he pointed out that the AG wouldn’t discuss the issues over the phone, adding: “If you were appraised of the matter, you would not.”
3. Shatter only found out about the recordings on Monday night – and only read the Commissioner’s letter yesterday…
In his speech this morning, the minister gave details of what he knew and when he knew it. It emerged that he was told about recordings on Monday night.
But it also emerged that despite the Garda Commissioner’s letter coming into his department on 10 March he only received it just before lunchtime yesterday and read it after that, before meeting with the AG and the Taoiseach.
Key questions surround why was Shatter only told about it on Monday and not on Sunday when the Taoiseach found out? Why did Shatter wait until the next day to read the letter given the seriousness of the situation?
And of course, why did it take so long for the letter, coming into the department on 10 March, to reach Shatter over two weeks later. Yes, he was in Mexico, but they have phones and internet there, as some have noted.
“Unfortunate” was the word the minister used to describe this delay. Speaking on RTÉ’s Six One News this evening, Labour minister Brendan Howlin said that “it is surprising that the Minister was not alerted to that matter” but noted some mitigating personal circumstances.
4. … but his officials were discussing it at least a week ago and the AG knew last November
The matters covered in the now crucial 10 March letter from the Garda Commissioner outlining the recordings were being considered by Shatter’s department, the gardaí, the AG and the Data Protection Commissioner on the 19 and 20 March. RTÉ reports that there were contacts between officials in the Department of Justice and the AG’s office on 11 March.
Shatter was, we are being told, unaware that all of this was happening.
It also emerged that the Attorney General was informed about the tapes in November of last year when the Garda Commissioner was in touch with her and the practice was ceased. But Shatter insisted today that she did not know the circumstances surrounding the making of the tapes, the legal background, the tapes’ contents or how many there were.
This raises questions for the Attorney General (above), which some say she should answer before an Oireachtas committee. This is highly unlikely given the secrecy of her role and more importantly her advice to Government, but Whelan will have to account for her actions at some point, most likely behind closed doors.
5. Shatter didn’t see a GSOC report on Waterford garda station recordings – nor did anyone else in his department
On the GSOC report last June, which discussed illegal recording of calls at Waterford garda station, Shatter said that it was “the simple truth” that GSOC did not furnish the report to him or his department. The Ombudsman had no legal obligation to do so and confirmed as much to us this morning.
“Insofar as it received any media coverage, it does not appear as if any member of the media regarded the report as of any major importance,” Shatter said of the reports from TheJournal.ie and the Irish Examiner at the time.
So, are we to believe that Shatter did not read the media reports, nor was any official in his department aware of them or the GSOC report? Or is it that because a fuss wasn’t made about its contents, the report became irrelevant in the grand scheme of things?
6. Details of how the recordings were made are emerging…
Shatter revealed some detail about the recording system used by the gardaí, saying that the original recorders were replaced by dictaphone recorders in the 90s and further replaced by “NICE recorders, which I understand is a brand name”.
The Labour TD Kevin Humphreys has discovered that the minister was most likely referring to NICE Systems Limited – an Israeli-based company which specialises in telephone voice recording, data security and surveillance as well as systems that analyse this recorded data.
It also emerged that the gardaí issued a tender for recording devices in 2007 and awarded a contract in 2008 for a system that would replace the analogue recordings.
The tender asked that the successful supplier would install 2 terabyte (2,000 gigabytes) hard drives at Garda HQ and at the headquarters of each of the six Garda divisions.
Tonight, the gardaí confirmed they held a public tender in October 2007 for a range of telecoms, video and radio equipment, but declined to comment further, saying a further report is being compiled on the matters raised by the Justice Minister.
7. … and they’re already having serious implications
Worryingly, according to the government, transcripts from some of the garda tapes have “the most serious implications” for a number of legal cases and already today the trial of two men accused of IRA membership was disrupted.
The trial of Thomas McMahon, 31, and Noel Noonan, 34, was to start at the Special Criminal Court but there are now questions from the pair’s defence counsel as to whether consultations they held over the phone with their solicitors while they were in custody were recorded. The trial is adjourned until tomorrow. The prosecution said they can’t possibly know if the conversations were recorded.
Legal experts believe that these emerging recordings could have big implications across the board for cases that have been disposed of, matters before the courts and those due for hearing in the future.
8. Alan Shatter was wrong about the whistleblowers
Alan Shatter claimed on 1 October last year that the garda whistleblowers, Maurice McCabe and John Wilson, did not cooperate with the O’Mahoney inquiry into the penalty points controversy. But he was wrong, and he said as much today.
9. But he was right about everything else…
Shatter was keen to point out that he handled almost all other aspects of the penalty points fiasco in the right way.
He insisted that if he had ignored the allegations he would not have looked for the Garda Inspectorate to undertake such a comprehensive review of the system or establish the Criminal Justice Working Group to oversee the implementation of the Inspectorate’s recommendations.
10. … and he never misses an opportunity to land a few blows on Fianna Fáil
Shatter took a pop at the opposition, saying that “various deficiencies identified” by the Comptroller and Auditor General were not addressed by previous governments and that a 2009 report by the Garda Ombudsman into the points system was not published and its recommendations not implemented in full.
He also hit out opposition TD Niall Collins claiming that the Fianna Fáil justice spokesperson had not expressed any issues with either the O’Mahoney report or that of the gardaí’s Professional Standards Unit (PSU). Shatter insisted that his only interest “at all times, has been the public interest” and said he was “firmly of the view” that the cancellation of penalty points should be used in a “fair and impartial manner”.
11. The opposition still think he should go…
“The fish rots from the head and the rot starts with you Minister,” Mick Wallace said as he outlined the 30 reasons why Alan Shatter should resign. The independent TD was joined by others in the Technical Group and both opposition parties in calling for Shatter to go.
The Minister’s apology has done little to appease Fianna Fáil or Sinn Féin or indeed anyone who has been criticising him in recent days. “You compounded the wrongs revisited on them… You questioned their personal and professional credibility,” Mary Lou McDonald told Shatter.
Public Accounts Committee chairman John McGuinness again raised the case of a female garda, who he says was pursuing a claim of sexual harassment within the force, and was warned off from doing so by the Garda Confidential Recipient. Shatter told McGuinness to look at his files concerning the case. He did, and they had further discussions on the issue later — during which McGuinness conceded Shatter had written to him concerning the matter. The Justice Minister said he would look into it, should the person in question wish him to pursue the matter.
12. … The Minister is safe for now
Flanked by Enda Kenny – who gave some indication the apology was coming earlier in the day – and a former justice minister, Michael Noonan, it was clear that Shatter had the backing of the government and that the apology takes the sting out of the matter for now.
Opposition calls for him to go remain, but more important for Shatter are those on the government backbenches, who felt he should go if he didn’t say sorry but now feel he has done the right thing.
Indications from tonight’s meeting of the parliamentary Labour party are that while there is unease about the events of recent weeks, Shatter is safe for now with the backing of the ministerial ranks in the party.
“The leadership is particularly anxious for no escalation,” one Labour source said tonight.
All pictures: Photocall Ireland and Oireachtas TV. First posted at 6.40pm
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We learned that, somehow, Ireland was even more corrupt than we thought
And that no one ever takes personal responsibility or is held responsible for their mistakes….
Cancer of the civil service is “ACCOUNTIBILITY why” we listened last week to the former financial regulator who would be better off with his head up his ass as far as he could manage it, this week we hear of a letter sent to dept. of justice for the attention of the minister on the 10th of march surprisingly the minister was not awear of it until 25th of march why why !!!!
When will we get a truly independent, free of political influence, Garda authority or board? This was called for many years ago.
I just feel so nostalgic for this song – nothing changes here …
I am sorry to keep reporting this…. but little or nothing of this was covered in any of the Journal articles today…
How many people have lost their job over this entire debacle and yet Shatter steadfastly refuses to step down
1) Garda Whitleblower … John Wilson (Forced to retire due to the bullying he got for raising the issue).
2) Sgt McCabe, still in his job, but told he will never get a promotion
3) Callinan … Took early retirement rather than doing the honorable thing and acknowledging his wrong-doing
4) Indo journalist Gemma O’Doherty sacked for raising the corruption issue to Callinan
5) Attorney General Maire Whelans job is currently on the line due to Shatters inability to read reports sent by her to his office
6) Oliver Connolly sacked for telling the truth about Shatters personal vindictiveness to the Garda whistleblowers
How many people can Shatter take down and scape-goat before he acknowledges either his total incompetence or his total corruption to the Irish people.
He apologized to the Dail for mis-leading them, but he never actually apologized to any of his victims or the whistle-blowers. He said he ‘should apologize’ if there was offense taken, but no actual apology came out from his weasel mouth to them.
The Irish media are staying well clear of the unjust treatment of Gemma O’Doherty. Callinan got his points wiped. He complained to IN & M.
Editor of Indo got points wiped also.
That is a brilliant synopsis
The garda commissioner didn’t resign, he retired. It’s like Michael Collins, he wasn’t assassinated he just stopped breathing. Very important how you word these things.
I’m curious here. What spurred Garda McCabe into action? Why was he so pissed off with his HQ? I don’t think the full story has come to light yet…
This is just one arm of the state which is being found out as corrupt, I dont believe it’s the only one….and you wonder why freedom of information has been restricted….
I know of a Guard that quit the force after a year due to the practices and corruption that he saw. Totally disillusioned by it all. It gets to some people. Not all Guards are crooks of course but there is a serious problem with corruption in the force.
Seanie. Despite the fact (in my head) you’re a spotty, late teen, early 20′s FF apparatchik (anorak) every now we accidentally agree.
This is probably one of those times.
However, it does bother me you don’t take a broader view fella.
For example, if people think phonecalls are being recorded who’s gonna ring to complain about the local scut (and leave their names too – that’s the important bit in actuality)?
I fully agree with your approach on this particular subject. The cops need reform moreso than anyone.
That Alan Shatter was, is and always will be a little Boll*x.
Everyones afraid of him.
Well the Good people of Ireland are sick to their back teeth of him..
Been a while since I pointed out that Alan’s hair is suspiciously dark for a man of his age.
Why not mention that the Gardai are under criminal investigation for seeking the phone records of a journalist?
Source?
Nicola Tallant, a journalist from the Sunday World was on with Matt Cooper earlier. She said she had done an interview with a guy that was supposed to be put on witness protection, but the Gardai did not exactly live up to the deal. The guy is now suing the state for damages.
After the published the interview, the Gardai asked O2 to give them her phone records.
She made a complaint to GSOC, and GSOC said there is a case to answer and have opened a criminal investigation.
More here http://www.theguardian.com/world/2014/mar/26/ireland-investigates-garda-journalists-phone-records
Cheers for the link IR. We’re getting more and more Irish news stories from foreign news sources, always a good sign that your state institutions are rotten to the core.
Irish police chief’s resignation vindicates sacked investigative journalist
They have also followed Gemma O’ Doherty’s firing from Indo after she tried to follow up with Callinan directly on penalty points issue.
The Guards wanted to know what police officers the Sunday World journos were liaising with – not which crims. Either through mobile phones or official landlines. Repeat: what the SW is alleging is that the Guards were interested in other Guards.
They are a force completely out of control and not up to the job.
Most of the comments here are only talking about Kenny and Shatter. But there are plenty of other figures in Official Ireland who deserve attention. I’ve plenty of other questions:
Why did the Attorney General not at least brief the Taoiseach and/or Minister for Justice in November when she found out about the issue?
What steps did she take in the meantime to make herself fully aware of the situation?
Did she fail to realise the gravity of the situation?
Did she, as the GSOC did in their report last year, think that this was just an isolated case?
Why did Callinan send a letter to the Minister? Surely a meeting or a call would have been merited?
Was somebody in the Department witholding the letter from the Minister? If so, who?
Who is the individual or section within the Department of Justice responsible for monitoring relations with the GSOC?
Why does the GSOC not send a copy of each and every report it publishes to the Department of Justice?
Fine Gael prove themselves to be every bit as corrupt as Fianna Fail. And labour has lost all Respect. As they do anything to stay in power. Power corrupts and absolute power corrupts absolutely.
And every senior guard was appointed by one or the other, explains it all really.
When you think about it, the ordinary Joe Soap who has abs no interest in politics, now has a huge interest in politics!
Way too many with questions to be answered. All political parties as they all with the exception of the shinners shared power over the years. All the ex Garda commissioners, the AG’s , top civil servants but they will all walk away, no concerns, no cases to answer, no penalties. The lack of accountability in this country is sickening but we as citizens give out all the time but do absolutely nothing
And who were in power for most of those 30 years FF, get off your high horse Martin you muppet
The revelations about the practice of recording the phone calls in Garda stations is a nightmare.
That it was known about in the 1990′s places a massive cloud over literally thousands of cases where contact was made between people in custody and their legal representatives.
To be fair to Callinan, he can hardly be blamed as it was a practice inherited by him on becoming Commissioner.
But it is astonishing that the practice, identified as wrong twenty years ago, went unchanged for so long.
There is an obvious need for recording of phone calls in certain instances, but that the general hoovering of all phone calls became accepted practice defies belief.
No doubt whatever enquiry is set up will come to the usual answer that shit happens and its nobody’s fault, but the cost in court challenges because of this utter stupidity will be immense.
I wonder if the Troika will pick up the tab?
Probably not.
Why does every scandal have to get the ‘gate’ treatment, it’s so old, been done a thousand times and completely unoriginal.
Commentgate? Journalgate?
Make it stop
Yeah use of the word ‘gate’ is the most pressing issue here…
and -esque. FFS. Seems Journaljournos don’t like their laziness pointed out. We’ll see how long this post lasts.
Turns out shatter was making demands regarding recordings between suspects and solicitors in a Donegal Garda station 13 YEARS AGO!! Also again nothing about the criminal investigation over Guardai seizing journalists phone records broken by the guardian today. I know things are moving fast journal but come on!!
Check out rabble magazine’s fb page re a transcript
That’s concerning the fiasco in Donegal where the Guards there were accusing a family, the McBreartys of drug dealing and murder. The family were completely innocent even though they were tormented for years and, as far as I am aware, there’s still a murderer on the loose. Check out the Morris Tribunal.
Well spotted though!
Please please please stop calling it “GardaGate”. It’s incredibly annoying, and such a serious issue that it deserves much more than this lazy journalistic label.
Thank you. Even for the sake of originality if nothing else
What a joke of a nation we are Enda and your blue shirts just fcuk off ye liars what an embarrassment ye are makes me sick!
The senior public service and senior politicians no longer serve the public interest. We have lost our way as a country.
Recent revelations in the trial of the Anglo Irish Bank three and now these revelations of Garda recordings and the taking for granted that those who have pull get their penalty points washed clean shows the sickness at the heart of Irish public life.
And all our Data Protection Commissioner is worried about is that the Garda whistleblowers might have revealed the identities of the privileged number who have had their points expunged with no concern for the greater public interest in exposing low level non bribery type corruption.
Great wrongs have been done but sadly the profound extent of these wrong has not been fully recognised and confronted.
What is revealed is truly horrible. All of our institutions are dysfunctional and governance is a sad and sick joke,
What am I missing here? Surely telephone calls to Garda stations should have always been recorded? I had assumed they were.
Is it just that it was something that wasn’t declared or should it have never happened it the first place?
Certain calls are protected as secret and private. ie calls between an arrested person and his lawyer etc or a Guard reporting criminality in the force to a TD or GSOC.
Things that are cornerstones of democracy and modern society. Not too big a deal to the Guards though it makes us look like a 2nd world country to investors.
It should not have happened unless with the prior consent of the the persons being recorded.
This will likely invalidate many criminal convictions if the recordings assisted the procuring of successful convictions.
The Statutory Inquiry shows how fundamentally serious this is.
I used to be proud to be Irish……..This place is a kip now
Recording of phone calls in Garda Stations has been known for years…. this is old news… and everyone knew about it… seriously, this is getting so boring now… Signs were up.. Gardai and Solicitors knew…
No, solicitors and barristers did not know. Did you not see the interview with Finucane and others solicitors who specialise in criminal law. Did you not see the trial adjourned today?
If you think that this is boring, you have no comprehension of the true gravity of the situation and the full extent of the legal implications.
Look at the full media coverage; this is an issue of fundamental concern.
Gwendoline, where do you get this information from? What signs are you referring to?
Troll Glen
Successive Ministers for Justice, including holier than thou McDowell, must answer for this and pdq.
The AG will be under the bus first … Shatter to follow and with any hope Kenny won’t be too far behind
John, hope the poor bus driver doesn’t get any penalty points,!
The BFI and MI5 should be asked to help uncover corruption especially in the case of Ian Bailey.
VERONICA GUERIN….RIP ……the truth is coming …..FR.MOLLOY…..the truth is coming !!
When you think about it, people who have abs no interest in politics now have a big interest in politics!
The hero Paul Williams should hang his head in absolute shame……….you know what i am talking about paul……….you know ! !
Shatter has to go, Kenny, noonan and anybody else who would support him should also follow. His actions are not welcome in ireland
Never knew it was only a 40% pass rate for a degree…….could do that over the summer……get our little 40% pass……is it that fecking easy…lol no wonder !! The only person that i would call a journalist is Mick Clifford…….cop on lads and do some real investigative journalism !! break free from your editor and call yourself’s journalists ! !
It is very worrying,and no journalists seem to be highlighting the fact that the gardai were so brazen as to TENDER for the bugging equipment and to upgrade it as late as 2008.
INVESTIGATE THE MURDER OF YOUR FELLOW JOURNALIST VERONICA GUERIN…..for f** sake lads if you are a real journalist or just a repeater……… “walking on thin ice ” that was the message from headquarters…….and then she was shot……..JOHN GILLIGAN did not murder Veronica are your people stupid or what ? I think i should go for that 40% pass rate degree !!
JOURNALISM IS DEAD AND GONE…….
taken out and flogged…..are you going to stand for this bullshit !! ? The journal seems to able to stand for it……journalists my hole….repeaters and copy and pasters !! Never knew there was a degree in copy and paste and puking !!
sick of listening to this focking sh1t with last 4 days , focking ccnts
USELESS ….no danger but always lingering like something is wrong !! shame on you all ……you are no good for this society !!
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