Irish Independent

JOE DUFFY on Liveline’s moving calls – and his new panto role

- Eddie Molloy Dr Eddie Molloy is an independen­t management consultant and member of the Commission on the Future of Policing in Ireland

ALL judges are concerned to establish the truth in the cases that come before them, but truth, and more so its polar opposite, lying, is so troubling to Mr Justice Peter Charleton that he felt compelled to write a scholarly book about lying and its disastrous consequenc­es for individual­s, institutio­ns and nations.

In the preface to ‘Lies in a Mirror: an Essay on Evil and Deceit’ (Blackhall Publishing, 2006), he discloses that: “The patterns of evil that I have observed over 25 years of practice as a lawyer ultimately became so troublesom­e that I had to try to make some sense of what confronted me every week.” Chapter 1, ‘The Dynamic of Evil’, begins: “There is a lie behind every crime.”

The Morris Tribunal, in which he served as a senior counsel, was under way for four years when his book was published. So it is no surprise that his searing experience of rampant lying to Judge Morris resonates throughout his Disclosure­s Tribunal Report. He sees the similariti­es and is dismayed that so little has changed in the meantime. “This tribunal has been about calling the police force to account. The Morris and O’Higgins tribunals were about the same thing. Central to these inquiries has been the truth.”

There is much more to the findings of the Disclosure­s Tribunal than the vindicatio­n of Maurice McCabe. Like Morris, Charleton exposes a persistent, deep-seated malaise in the fabric of An Garda Síochána with ramificati­ons far beyond the particular case.

In ‘Lies in a Mirror’, he explains the dynamic of evil. An individual or group is firstly framed by a lie that they are a threat to the institutio­n or society, for example Jews in Germany; “legitimate targets” in Northern Ireland; CNN, the press in the US; or, in this case, “disgusting” whistle-blowers in An Garda.

The consequenc­es of spreading these lies are that they legitimise ostracisat­ion, persecutio­n or worse. Some of Maurice McCabe’s colleagues joined in the campaign of innuendo and vilificati­on, treating him as a pariah; Garda unions hesitated to support him; and when it came to the Disclosure­s Tribunal, of 430 senior officers invited to tell what they knew, only two came forward. Such chilling consequenc­es then act as a warning to anyone else who might dare to speak up.

People who challenge the prevailing culture serve a redemptive function in organisati­ons, as explained in ‘Lies in a Mirror’. Organisati­ons trapped in the myth of their own goodness, and the correspond­ing badness of those who challenge and hold them to account, have lost the capacity for reflection. In the Disclosure­s Report, Charleton says: “The gardaí offered no criticism of themselves.”

He emphasises that: “A cultural shift requiring respect for the truth is needed.” The size of this challenge was highlighte­d by the cultural audit of An Garda Síochána, which I oversaw with Prof Mary-Rose Greville of TCD in May. The lowest score on the assessment of compliance with the Code of Ethics was “speaking up and reporting wrongdoing” (a score of 5.5 out of

10). Behind this headline, “there is a lack of support for colleagues when they speak up” (5.3); “nor are colleagues treated fairly when they do” (4.8).

A good start, therefore, to breaking the strangle-hold of the inherited cultural web is the appointmen­t of an outsider as the new commission­er. Any reformer, however, will encounsign ter a significan­t cohort of senior people whose malign influence is at the root of the endlessly recurring policing scandals. These people will not just roll over. They have too much to lose. They will linger on in the shadows, only to emerge again, stronger than ever when the fuss over this latest explosive report dies down.

Therefore, the commission­er needs the freedom and resources to transform the apex of An Garda, ensuring that, for a start, those holding the top 60-80 posts possess the right mix of profession­al, technical and managerial skills and, crucially, exhibit a genuine personal commitment to the Code of Ethics. By July this year, only 40pc of gardaí had agreed to up to the Code of Ethics.

The Morris, O’Higgins and Charleton tribunals are “about calling the police force to account” but, as noted, tribunals have had negligible impact on An Garda. The Commission on the Future of Policing in Ireland, of which I was a member, addressed this intractabl­e problem and, in a minority opinion, Dr Vicky Conway of DCU and I disagreed with the majority of members on how best to hold An Garda to account.

The presenting problem was that Gsoc, which investigat­es complaints against gardaí, was ineffectiv­e due to weak underpinni­ng legislatio­n, inadequate resources and complaints-handling processes that were designed to fail. The Garda Inspectora­te had produced 11 reports containing hundreds of recommenda­tions that were ignored by An Garda. That is until the Policing Authority came along and began, probably for the first time in the history of the force, to breach the walls of resistance to external scrutiny and accountabi­lity.

By July this year, only 40pc of gardaí had agreed to sign up to the Code of Ethics

At public meetings and in private, the Authority demanded explanatio­ns for failure to implement specific recommenda­tions, for example regarding civilianis­ation, and forcefully challenged wildly bogus Garda statistics about penalty points and breathalys­ers. The work of these oversight bodies, including the thoroughly profession­al, forensic scrutiny of An Garda by the Policing Authority was dismissed in the Commission’s report, The Future of Policing in Ireland, as reflecting merely a “blame culture that needs to be swept away”.

The real problem all along has been that the design of all three bodies was flawed from the outset. Then, instead of fixing the obvious weaknesses, the majority Policing Commission recommenda­tion on accountabi­lity is to neutralise the pesky Policing Authority and replace it with a statutory “internal” supportive board, similar to the boards of State bodies like Bord na Móna or Enterprise Ireland, and that this “internal” board would report to the Department of Justice.

Last Wednesday, Commission chair Kathleen O’Toole and three other Commission­ers who were invited to appear before the Oireachtas Justice Committee defended the majority opinion.

When Matthew Elderfield came to Ireland to clean up the mess after the failure of banking regulation, he said what was needed was “invasive scrutiny and effective sanctions”. We still don’t have that in banking, hence within a year of the catastroph­ic collapse of the banks, we had the tracker mortgage scandal.

All banks have boards comprised of the great and good who are proposed for membership of the “internal” Garda board. Furthermor­e, I don’t believe even the banks would characteri­se their boards as “internal”.

Mr Justice Charleton wearily concludes his Disclosure­s Report: “It has been a dreadful struggle to uncover what may have gone on behind closed doors.” The majority recommenda­tion of the Commission on the Future of Policing would close these doors even tighter, just when the Policing Authority was beginning to prise them open in pursuit of transparen­cy and accountabi­lity.

If implemente­d, this recommenda­tion would be a backward step in efforts to exorcise the culture of suppressin­g healthy internal dissent, lying and cover-up that has bedevilled An Garda Síochána for decades.

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 ?? PHOTO: COLLINS ?? Vindicated: Sergeant Maurice McCabe with his wife Lorraine at the Disclosure­s Tribunal in Dublin Castle last year.
PHOTO: COLLINS Vindicated: Sergeant Maurice McCabe with his wife Lorraine at the Disclosure­s Tribunal in Dublin Castle last year.

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