Irish Independent

Justice emails not properly searched following request from Disclosure­s Tribunal

- Philip Ryan

THE email accounts of senior officials in the Department of Justice’s policing division and secretary general’s office were not initially searched following a request for informatio­n from the Charleton Tribunal.

An independen­t review of the department’s handling of the request for informatio­n found there was “no meaningful explanatio­n” for this omission other than officials did not think they were the focus of the tribunal.

The report found the search for documents was “ad-hoc” and there was “little communicat­ion” between senior officials regarding the request for informatio­n.

The Disclosure­s Tribunal is investigat­ing allegation­s there was a Garda headquarte­rs-orchestrat­ed campaign to discredit whistleblo­wer Sergeant Maurice McCabe.

The independen­t review by barrister Michael Collins was establishe­d in the wake of former Tánaiste Frances Fitzgerald’s resignatio­n last year.

Ms Fitzgerald stepped down following a controvers­y surroundin­g emails she received which detailed an alleged Garda legal strategy aimed at underminin­g Sgt McCabe.

The former Tánaiste insisted she acted appropriat­ely at all times but resigned so as to avoid a general election.

Mr Collins’s review was aimed at establishi­ng why the emails at the centre of the controvers­y were not provided to the tribunal when they were sought under a discovery order.

The emails only emerged following a series of parliament­ary questions tabled by Labour Party TD Alan Kelly.

The review found Ms Fitzgerald and her officials acted “at all times in good faith and believed they were acting reasonably” when searching for relevant documents.

Mr Collins found “certain shortcomin­gs” in the department’s compliance with the search order but identified no evidence suggesting “deliberate concealmen­t or withholdin­g of material from the tribunal”.

The failure to identify all relevant records relating to

the tribunal was blamed on a lack of a “systematic arrangemen­t for filing emails” which meant important correspond­ences were not entered into the appropriat­e file.

“For this very reason, email accounts appear to be an obvious source within which to look for material of potential relevance to the tribunal’ s terms of reference and should have been included in the department’s initial search for documents,” the report said.

“There is a general ance by current and acceptform­er officials and at ministeria­l level, at least with the benefit of hindsight, that an email search should have been conducted from the outset.”

Justice Minister Charlie Flanagan said he was concerned that potentiall­y relevant emails were not located as part of the department’s discovery process.

“We have taken important lessons from this episode and my department is actively putting new measures in place that are aimed at ensuring that an oversight of this kind could not happen in future,” he said.

 ??  ?? Former Tánaiste Frances Fitzgerald
Former Tánaiste Frances Fitzgerald

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