Rose Conway-Walsh

Overall sentiment: -0.02
Back to Debate

I thank the Independent Technical Group for tabling this motion. It is very important. I thank those in the Gallery who have paid the price, their families and those who are not with us today. Deputy Buckley rightly remembers those who are no longer here. We are here today to confront a profound failure of law, protection and leadership. It is a failure that punishes the brave and protects the powerful. It is a failure that tells every ordinary person in the State not to speak up or they will pay the price. I want to speak about protected disclosures in An Garda Síochána. I commend the members of An Garda Síochána who serve the force and this country with dignity and dedication. A constituent reported domestic violence by a serving member of An Garda Síochána and a criminal investigation began. Separately, this constituent made a protected disclosure to Fiosrú detailing interference, protection and cover-up by some colleagues in An Garda Síochána. This disclosure also highlighted systemic issues around the ability of some members of An Garda Síochána to impartially investigate cases of domestic violence. What followed exposed the deep inadequacy of our legislation. Every single time the protected disclosure progressed, the defence made a disclosure order. The criminal trial was delayed again and again. Fiosrú had to put the protected disclosure investigation in abeyance; it was effectively frozen. The protections promised by the Government were suspended and the whistleblower was left exposed, vulnerable and punished for their honesty. After the guilty plea, the investigation resumed but crucial parts could no longer be examined because too much time had passed, delayed by the very process that was meant to protect whistleblowers. The law that was meant to protect this individual became the barrier to justice. The system failed the whistleblower. Here is the hard truth. Once the protected disclosure had been disclosed to the accused, the organisation against which wrongdoing was alleged, an impartial investigation became impossible.

Sentiment score: -0.01

I have seven and a half minutes. Evidence can be shaped. Witnesses can be influenced. Records can be altered or destroyed. Justice can be quietly denied. This is not a minor flaw; it is systemic failure. The Government knows about this gap, but continues to send a clear and chilling message, that if people speak up about criminal activity in An Garda Síochána, they cannot be guaranteed that the wrongdoing will be exposed. If people show courage, the system may very well punish them for it. This is the reality. This is the message and it is the Government's failure. That is the message whistleblowers are hearing across the State and it is one that should shame any government that claims to stand up for transparency, accountability or justice. Urgent, meaningful reform is needed. The Protected Disclosures Act must guarantee confidentiality, even during criminal proceedings; prevent disclosure orders from destroying investigations; protect whistleblowers from retaliation, delays in justice and exposure; and ensure the law cannot be weaponised against victims.

Sentiment score: -0.04