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Fitzgerald made "conscious decision" not to interfere in O'Higgins Commission

Summary

Former Justice Minister Frances Fitzgerald said she consciously chose not to interfere with the O'Higgins Commission of Investigation in 2015, after learning that a legal dispute had arisen between the Garda legal team and whistleblower Sergeant Maurice McCabe. The commission, which met privately, examined McCabe's complaints about policing matters and serious allegations against senior officers, including then‑Commissioner Martin Callinan. Fitzgerald explained that she had been working on whistleblower policy, the Protected Disclosures Act, and the Policing Authority, and that she had not spoken to departmental officials or advisors about the information she received. She argued that any involvement would have constituted interference with the commission's legal strategy and that the Attorney General and the minister had no role in the proceedings. Fitzgerald also noted that she met with McCabe in October 2014 and later wrote to the Garda Commissioner in February 2015 to address his concerns. She will continue to give evidence to the tribunal.

Who, what, where, when and why

What: Report matter: Fitzgerald made "conscious decision" not to interfere in O'Higgins Commission. Procedural stage: trial

When:

• October 2014 Other
• February 2015 Other
• 2018-01-31 Publication

Why: "I made a conscious decision obviously not to interfere in the commission in any way because I would have considered it inappropriate, and I took a conscious decision that Judge O'Higgins would deal with whatever issues, as I expected he would at the commission," Ms Fitzgerald told the tribunal. CNI source report

Case subjects

Topics

Stage Trial

Read the original CNI report