Frances Fitzgerald is in breach of her legal obligation to release the O’Higgins report into alleged gardai corruption, a former justice minister has said.
Alan Shatter accused the acting justice minister of ignoring his pleas to have the report released immediately and said that he was “very disappointed” by her actions.
The report was handed to the minister on April 25 and is being reviewed by Ms Fitzgerald and the attorney-general.
It is expected to vindicate the actions of Mr Shatter as well as Martin Callinan, the former garda commissioner, and other senior garda in their investigation into alleged garda corruption in the Cavan Monaghan area.
Speaking on RTE radio yesterday, Mr Shatter and Niall Collins, Fianna Fail’s justice spokesman, each called for the immediate release of the report.
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“I think where we are now is very unsatisfactory and for once Niall Collins and myself are in agreement about an issue. Under the legislation there is an obligation to publish a report of a commission of investigation as soon as possible,” Mr Shatter said.
He said that he was entitled to ask for the report’s release after a week of it “sitting on the minister’s desk”. He added: “It’s not unreasonable, the minister has spent a week reading it but . . . now it should be published. I believe, at this stage, she is now in breach of the statutory obligation.”
Mr Shatter contrasted the delay with the prompt release of the Fennelly report into the taping of phone calls in garda stations. “We saw back in September last that the Fennelly commission furnished a report to the taoiseach. The following day that report was published,” he said.
Mr Shatter said that there had been extensive public discussion about the report after leaks to the media. He said that even though the public had access to large parts of the report, he would be committing a criminal offence if he admitted receiving any part of it because he was a witness before the O’Higgins Commission.
He said that publication could only be delayed if it might prejudice a criminal case, and he did not know of any criminal charges relating to the issues raised in the report.
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A justice department spokesman said that under the Commission of Investigation Act 2004, a government minister had to seek advice from a court if the publication of a report might prejudice criminal proceedings.
“In the circumstances, it is necessary to establish whether there may be anything in the report which might prejudice criminal proceedings which involves establishing certain facts which, in turn, may necessitate seeking further legal advice,” he said.
The spokesman added that “if there is nothing in the report which might prejudice criminal proceedings” the report would be published very shortly.