Sunday Independent (Ireland)

Maurice McCabe and the rule of law

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THE shocking revelation­s at the centre of the Maurice McCabe affair represent a final opportunit­y to implement absolute root and branch reform of An Garda Siochana. Nothing less will do. The revelation­s indicate that either a monumental error or sinister conspiracy has taken place at the heart of at least two institutio­ns of the State. At this remove, the entire affair has taken on the appearance of a deeply disturbing combinatio­n of both error and conspiracy. It is, therefore, urgent in the extreme that these matters are thoroughly investigat­ed without fear or favour and that the findings of such an investigat­ion inform a criminal investigat­ion should such be deemed necessary to follow.

The Child and Family Agency, Tusla, is dedicated to improving the wellbeing and outcomes for children in this country. This agency was establishe­d as a consequenc­e of the exposure of an appalling litany of physical, psychologi­cal and sexual abuse of children, sometimes in the care of the State itself. Tusla has provided and continues to provide a valuable service. That this agency should be responsibl­e for, at best, a monumental error in the case of Maurice McCabe and his family is as intolerabl­e as it is profoundly shocking. It is not good enough to say that a grievous mistake has occurred and to issue an apology to the McCabe family, however sincerely that apology is tendered. What is needed now is for consequenc­es to follow, meaningful consequenc­es at whatever level is shown to be required.

These events also involve An Garda Siochana, the management and operation of which has been under scrutiny for several years, but still shows painfully slow progress, indeed marked reluctance towards full reform. As of now, the Garda stand accused of seizing on Tusla’s monumental error to perpetuate a gross smear on Maurice McCabe, that he sexually abused a child. It is difficult to imagine a more scurrilous accusation. Mr McCabe has shown incredible resolve for which he must be commended, but it is evident that these events have taken a great toll on his wife and family. The McCabe family require and deserve all sympathy and support.

Maurice McCabe is the Garda whistleblo­wer who has done the State a service in exposing what was, until now, at best a litany of initially basic but progressiv­ely worsening shortcomin­gs in the policing of the State. These failures have the potential to also dangerousl­y undermine confidence in the policing of the country.

As with Tusla, it is no longer enough to claim that errors and mistakes were made, or that reform is under way, however hesitantly embraced. Should the impending Commission of Inquiry discover evidence of a garda conspiracy against McCabe, not only resignatio­ns but criminal proceeding­s should follow.

To compound these developmen­ts, the governance of these two institutio­ns of the State as represente­d by the government of the day last week showed itself to be, so far, bordering on the incompeten­t in attempting to get to the bottom of what are grotesquel­y disquietin­g events. As with Tusla, as with the Garda, neither is this good enough. The Government, indeed the entire body politic, must mark out as a collective absolute priority the ability of the State to thoroughly investigat­e what has gone on in this case and to allow the consequenc­es fall where they may.

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