Tag Archives: Mick Wallace

Screen Shot 2014-09-18 at 15.04.14

Socialist Party TD Ruth Coppinger raised the issue of repealing the Eighth Amendment in the Dáil yesterday.

Not to worry.

There’s a report pending.

Update:

This afternoon Clare Daly, Mick Wallace and Ruth Coppinger challenged the Minister for Health Leo Varadkar on the Eighth Amendment.

Clare Daly told the Minister to:

“Wise up. You’re a young man. Ireland’s abortion reality and rates are pretty much the same as they are in every other country.”

Mick Wallace asked the Minister,

“Is the Government more focused on the next election than on the suffering caused by the denial of services to women seeking abortions due to rape, incest, fatal foetal abnormality or serious risk to health?”

Ruth Coppinger suggested the referendum on marriage equality and repeal of the Eighth Amendment be held on the same day and said:

“It would be a double endorsement of progress in this country. It would be a signal to the rest of the world that the Catholic Church’s writ doesn’t run despite the wishes of the majority in society and it would be a hammer blow to the Catholic Church’s domination of many areas of life in this country.”

Minister Varadkar replied:

“I think it would be a really bad idea in 2015 if in the run-in to a general election for us to have that kind of debate happening in that millieu because we’ve been there before. That’s exactly what happened in 1983. In the run-up to a general election people were put in a position where they made commitments in the run-in to a general election where maybe they shouldn’t have. So let’s not repeat the mistake of 1983 and have all that again in 2015.
…It shouldn’t be done on foot of a tragedy or a very hard case and it shouldn’t be done on the run-in to a general election.”

Earlier: What Do We Want 

90349754

You pair.

Scamps be scampin’.

Free The Shannon Two.

UPDATE here.

(Sam Boal/Photocall Ireland)

Meanwhile…

Screen Shot 2014-05-20 at 09.44.52

Sgt Maurice McCabe shakes Taoiseach Enda Kenny’s hand in Mullingar, Co Westmeath while Mr Kenny was canvassing on May 19. Mr Kenny did not take the opportunity to apologise to Sgt McCabe even though a week prior to their meeting, he told the Dáil he’d have no problem apologising to Sgt McCabe 

In the Dáil last night, Independent TD Mick Wallace proposed – for a second time – a bill that would, among other things, pave the way for the establishment of a Garda Síochána Independent Board and to reform the powers of the Garda Síochána Ombudsman Committee.

He also spoke about Garda whistleblower Sgt Maurice McCabe.

He said Sgt McCabe was not in work yesterday as he is still being harassed by certain colleagues and senior officers who told him he “destroyed” the force.

From Mr Wallace’s speech:

“The Bill proposes a 16-member board, to include 2 Irish Human Rights and Equality Commissioners, 4 members of the Oireachtas, the Ombudsman for Children, the Data Protection Commissioner, and the Chief Inspector of Garda Inspectorate. It is proposed that the remaining 6 members be chosen from citizen bodies, with a reserved place for the Traveller community. We believe that consideration should be given to the inclusion of 2 Garda Representatives from the low- and middle-ranks. This may go some way to improve Garda morale and to involve the Garda Siochana in the process of reform. This would allow the rank-and-file and middle-ranking Gardai more involvement and input in developing Garda policy than under the current hierarchical arrangement.”

“The Garda Inspectorate, which can look at practices, policies and procedures of the Gardai, should be answerable to the new Police Board, rather than the Minister, and should have greater powers of investigation, and its reports should be published promptly.”

“The reforms of GSOC contained in our Bill recognise that its remit was always intended to be investigatory, rather than one of review and oversight. As the United Nations Office on Drugs and Crime has pointed out, “Independent police complaints bodies must have investigative powers, be able to initiate investigations of their own accord and intervene in investigations conducted by the police”. Under current legislation, GSOC is inhibited in this regard – a shortfall which has been highlighted by UN Special Rapporteur Ms Margaret Sekaggya. The Ombudsman asked the permission of the then Fianna Fail Minister for Justice to investigate policing at Corrib under Section 106, but was refused. In 2013, we appealed to Minister Shatter again to allow GSOC to use Section 106 to look at Corrib policing, and also, the allegation of racial profiling in the Gardai at the time of the Roma Children episode. Again, the Minister for Justice refused. Section 106 of the Garda Act is amended to address this.”

“It is also crucial that any legislation put forward by government is accompanied by the political will to actually use it, otherwise there will be no change. Speaking of no change, Maurice McCabe is not at work today or yesterday. He is suffering harassment and abuse. He has been told by senior officers that he destroyed the force. He has reported the abuse through the proper channels. And there is no change. It is hard to believe that a man who has been so selfless and relentless in the pursuit of justice, could still be treated like this, given all we now know.

Read the full speech here

Previously: The Chances

The Thin Blue Line [Updated]

CallinSHatWall

[Alan Shatter and Mick Wallace on RTE 1’s Prime Time ]

The Data Protection Commissioner has found that the Minister for Justice Alan Shatter has broken the law by disclosing personal information about Mick Wallace on de telly

From the BS vaults [May 16, 2013]:

Alan Shatter: “As Deputy Wallace knows, even without…in issuing tickets, the Gardaí exercised discretion. Deputy Wallace himself was stopped with a mobile, on a mobile phone last May, by members of An Garda Síochána and he was advised by the guard who stopped him that a fixed ticket charge could issue and you would be, he could be given penalty points. But the garda apparently, as I’m advised…”

Pat Kenny: “Used his discretion.”

Shatter: “Used his discretion and warned him and told him not to do it again.”

Pat Kenny: “Mick? Mick? The guard used his discretion?”

Wallace: “I tell you what, first of all that’s news to me. Secondly, right, with regard to discretion…”

Kenny: “You don’t recall that incident?”

Wallace: “I don’t know. Listen with regard to discretion. It’s all very well to say they’re using discretions here and there but in actual fact, once the, the rule is once it goes on the system, they should go to court to deal with it. Now listen..”

Kenny: “By the way, are you not concerned that the minister should know about your private business dealing with the Gardaí?”

Wallace: “I’m not, I’m not remotely worried about what the minister knows.”

Shatter breaks data protection law on Mick Wallace (RTE)

Previously: How Did He Know?

No Points At The Five Lamps

Meanwhile…

 

Fair play though in fairness.

 

daly[Clare Daly and Mick Wallace this afternoon]

Responding to Justice Minister Alan Shatter’s statement to the Dail.

“To mishandle one case might be regarded as unfortunate, and to mishandle two may look like carelessness, but after mishandling six or seven serious scenarios it is time for the Minister to go. His attempt to normalise the latest crisis as no big deal has a shamefully familiar ring.

When is the Government going to realise that we have a crisis of policing in this State? His reactionary response was to say that he would establish an independent Garda authority, even though he laughed Deputy Wallace out of court when he introduced legislation to that effect last year. That is not a genuine attempt at reform.

The Minister stated that the reason this information is now being acted on is that serious information was likely to come into the public domain regarding a horrendous miscarriage of justice and the fitting up of two citizens.

That is clearly a serious and, sadly, all-too-familiar allegation. We have had heard many cases involving people who were wrongly treated by some members of An Garda Síochána.

It is also appalling that the recordings were made. It is not possible to address that issue in detail in the context of breaches of privacy, but the central issues arising are the Minister’s brazenness and barefaced denials, and the Government’s serious mistake in continuing to back him. It is not credible that he did not know.

On 21 May 2013 he told this House that the Commissioner had a duty to tell him about Deputy Wallace’s non-event, but now he is saying the Commissioner did not have a duty to tell him about the most recent issue and he does not have a problem with that.

He berated GSOC for not telling him about the bugging. He listed every piece of legislation he could think of.

Today he devoted several minutes of his speech to explaining why GSOC did not have to inform him and why he does not have a problem with that. Either he does not realise how serious this issue is or he is covering up. Either way, his position is not credible.

We are presiding over a dysfunctional police force. It is undermining the confidence of decent gardaí and the citizens. This is why the Garda Commissioner had no alternative to resigning. When is the penny going to drop with the Minister that he must do the same?

These are not isolated incidents; they are indicative of a systemic problem. None of the mechanisms put in place after the Morris tribunal has worked.

We need a root-and-branch review but, unfortunately, we cannot do that while those at the top are contaminating the process. At this stage, the Minister has contaminated the process beyond his sell-by date.”

Independent TD Clare Daly this afternoon in the Dail

Earlier: Shatter’s Statement

WallacetoShatterShattertoWallace

http://www.youtube.com/watch?v=pvlBSd2Xwbo&feature=youtu.be

Independent TD Mick Wallace addressing Justice Minister Alan Shatter earlier today.

Mick Wallace: “Fine Gael used to pride itself as the party of law and order. How, in god’s name, can they still stand over that. You avoid using strong legislation, in order not to seek out the truth, not to reveal it. You don’t ask, you wouldn’t ask the [Garda] Commissioner [Martin Callinan] if he actually engaged in lawful surveillance, in case you might be told something that you had to stand over, you didn’t want the answer. You wouldn’t ask G2 the same question. You wouldn’t even ask him what did it do to check to see if there’s any rogue elements in their organisations that may have engaged in unlawful surveillance. You didn’t want the answers, minister. GSOC begged for the PULSE system, after the Boylan report and annual report, you refused to give it to them, you refused to give it to them in September. You gave it to them a few weeks ago under political pressure. You wouldn’t allow GSOC look at penalty points, but you allowed [section of Garda Síochána Act] 102 but not [section] 106 [which would have allowed GSOC to investigate practices, policies and procedures] of course, under political pressure. Minister, your prime motives are political survival, your prime motives have very little to do with the administration of justice, I’m sad to say. Now, there’s so many things that have gone on in this State, for a long time, that leave so much to be desired. And minister, it was happening long before your time but I am disappointed they is still no appetite for the truth.

Gemma O’Doherty lost her job in the [Irish] Independent because she had the audacity to challenge the Commissioner, the audacity. We got an email this morning, from a nephew of Fr Molloy’s, someone that Gemma O’Doherty has done a lot of research on. Here’s what he said in it. You mightn’t want to hear it, minister. He said: ‘For almost 30 year, people have hidden behind a wall of silence, deceit, corruption and cover-up. Time for the light of justice to shine on them and reveal them to the people for what they are. Many, many people have gone to their graves overshadowed by this heartache. Minister, if you are going to stay in power and the Commissioner is going to stay in place than I think this parliament is a sham. The people are right to be cynical about politics, they’re right to be cynical about politicians. This place is a joke. We play games in here. Well, you know what? Sometimes these games lead to the unfair distribution of justice or no justice being distributed. Sometimes these games lead to people losing their lives, they lead to murders, they lead to the families not getting any justice. And what do we see so often? When bad things raise their head? We see our police force circle the wagons. We see our politicians circle the wagons. Do what it takes to cover up what we don’t want to see. Do what it takes to hide the truth. Is there any appetite for doing things any different in this house? Minister, you look up here at us and you say ‘how dare those people with their long hair and raggy jeans have the audacity’ to challenge you. Well I want to tell you something. The people of Wexford that elected me to come in here, didn’t elect me to come in here and approve of your behaviour. They put me in here to challenge it. It’s time for you to go, minister. And bring the Commissioner with you.

Previously: A Rebuttal

‘We Do Have Truth But We Don’t Have Accountability’

wallace

http://www.youtube.com/watch?v=pvlBSd2Xwbo&feature=youtu.be

“Minister if you are going to stay in power and the Commissioner’s going to stay in place then I think this parliament is a sham. The people are right to be cynical about politics. They are right to be cynical about politicians.

This place is a joke. We play games in here. Well you know what? Sometimes these games lead to the unfair distribution of justice or no justice being distributed. Sometimes these games lead to people losing their lives. They lead to murders. They lead to the families not getting any justice. And what do we see so often when bad things raise their heads?

We see our police force circle the wagons. We see our politicians circle the wagons. Do what it takes to cover up what we don’t want to see. Do what it takes to hide the truth. Is there any appetite for doing things any different in this house?

“Minister you look up at us and you’d say how dare those poeple with their long hair and raggy jeans have the audacity to challenge YOU. Well, I’ll tell you something, the people of Wexford that elected me to come in here didn’t put me in here to approve of your behaviour, they put me in here to challenge it. It’s time for you to go, Minister, and bring the Commissioner with you.”

Independent TD Mick Wallace in the Dail today.

‘Long hair and raggy jeans’ – Mick Wallace in emotional outburst (Independent.ie)

Earlier: “Life Is Complicated, Not Everything is Black And White.”

wallaceM

http://www.youtube.com/watch?v=CCpoyYCZABM&feature=youtu.be

During the second stage debate of the Thirty-fourth Amendment to the Constitution (Judicial Appointments) Bill 2013 in the Dáil last Friday, Independent TD Mick Wallace spoke about unsolved murder of Fr Niall Molloy in 1986.

It follows last December’s appointment by Justice Minister Alan Shatter of Mr Dominic McGinn, Senior Counsel, to carry out an independent examination of the Report of the Garda Serious Crime Review Team relating to the death of Fr Molloy.

From around 1.50 on the video, above, Mr Wallace said:

A final example of what can go wrong when judicial appointments are political and when judges are too close to political parties is the case of Fr. Niall Molloy’s murder. Mr. Justice Frank Roe was appointed President of the Circuit Court just before Richard Flynn was tried for the manslaughter of Fr. Niall Molloy in 1986.

Judge Roe was a personal friend of Richard Flynn, the defendant. Despite this fact, he first decided to assign the case to himself, in an extreme abuse of the power that came with his role as President. He then withdrew the case from the jury after three and a half hours, without letting it consider any of the evidence and directed it to acquit. One eye witness reported that the then deputy leader of Fianna Fáil, Brian Lenihan Snr., was in the room which was the scene of the murder.

Although I welcome the eventual appointment of Dominic McGinn, senior counsel, to review the Garda investigation into the Fr. Niall Molloy murder and hope the facts and background to the case, to include its strongly political background, can finally be ascertained and that the family of Fr. Niall Molloy may gain some justice and peace, it is yet again a shame that this decision to review has only come after a delay of almost 30 years.

If the Minister, Deputy Alan Shatter, would only decide matters based on his ministerial responsibilities to justice rather than on political motivations and his own political survival, we might see more decisions based on transparency and accountability and fewer underhand tactics employed such as delay and confusion, dismissal of allegations, discrediting of real victims such as whistleblowers and the Garda Síochána Ombudsman Commission, GSOC, and misrepresentation of law and fact. These tactics never work on a permanent basis, as the Minister is now discovering to his peril. The truth generally comes out.

Hmmm.

Previously: “We Do Have Truth, But We Don’t Have Accountability”

When He Was In Justice

CallinSHatWall

[Alan Shatter and Mick Wallace on Prime Time in May 2013 where Mr Shatter disclosed details from Gardai sources of an apparent traffic violation by Mr Wallace]

Independent TD Mick Wallace spoke to Pat Kenny on Newstalk this morning about the Garda whistleblowers Sgt Maurice McCabe and John Wilson and the sacking of Confidential Recipient, Oliver Connolly – in light of Fianna Fáil leader Micheal Martin telling the Dáil yesterday that he has documents which show cases of abduction, assault, rape and murder have not been properly investigated by members of the Gardaí.

They also spoke about a group he has formed with fellow TDs Joan Collins, Clare Daly and Luke ‘Ming’ Flanagan, called Justice 4 All – which has held a series of public meetings over the last year to allow members of the public, who had concerns about Garda behaviour, to raise their concerns.

It followed an interview that Mr Kenny held with taxi driver Mary Lynch who was violently assaulted by Jerry McGrath in Virginia, Co. Cavan in April 2007. McGrath got bail and went on to try an abduct a five-year-old child in Tipperary in October 2007. When McGrath went before a court in Clonmel, the court was never told about the Cavan assault charge and he got bail again. In December 2007, he killed mother-of-two Silvia Roche Kelly.

Ms Lynch told Pat Kenny she felt ‘guilty’ over Ms Kelly’s death as she feels Ms Kelly would be alive if Ms Lynch had been investigated correctly.

At the end of Mr Kenny’s interview with Mr Wallace, Mr Kenny asked why he didn’t go public with allegations of Garda misconduct sooner – to Mr Wallace’s shock, given he first told the Dáil how Mr Connolly warned Sgt Maurice McCabe “If Shatter thinks you’re screwing him, you’re finished” on December 4, 2012.

Mick Wallace: “John Wilson is a young man. He’s been forced out of the place. Maurice McCabe works under a terrible stress – it’s mad stuff and the minister, you would think, given that we say that we want to bring Ireland to a place where there’s more accountability and transparency, we have seen 18 months, it’s an unbelievable list of…”

Talk over each other

Wallace: “Diminishing, dismissing have been the order of the day for 18 months.”

Pat Kenny: “You mentioned the [inaudible] meeting in the Red Cow, you’ve had subsequent meetings in the Red Cow or elsewhere..”

Wallace: “In the Red Cow aswell…”

Kenny: “In the Red Cow aswell.”

Wallace: “There’s actually been five meetings at this stage and there’s a committee being formed with no politicians on it and they are pursuing episodes, they’re getting some legal people to work for free and they are trying to help people to actually achieve justice. We have a massive problem in how our police force operates and there isn’t oversight and the notion that the Commissioner and the Force are answerable to the Dáil – you and I know is rubbish.”

Kenny: “Do you see any of this stuff as being deliberately maligned or is it simply incompetence?”

Wallace: “It’s funny but I actually thought, I really believed that…Minister Shatter is a very able individual, he’s very strong and very intelligent – I actually thought that he would have an appetite for putting things right, I really did and I have been shocked when I look back..only lately, we’ve actually done a litany, we’ve looked at the last 18 months have thrown up and the manner in which everything that challenges his political position has been minimised and dismissed at the expense of innocent people, the expense of people who feel that they haven’t got justice is…”

Kenny: “A quote for Mr Justice [Peter] Smithwick: ‘loyalty above truth’, and I mean, is that really the infection that is right throughout the Force and maybe through the body politic and, you know, you look at the scandal that would be given if the Garda force was seeing to be either so malign or incompetent or indeed corrupt in some places – that that’s the appalling vista to which no minister wants to go. So it is better to try and shut everything down and maybe quietly reform, rather than have all this dirty linen washed out in public? I mean that might be a kind way to view this?”

Wallace: “When GSOC published the Kieran Boylan report in the summer, they were very damning of how the police force was operating, they were very damning about the fact that they broke all the rules in terms of accessing information and denying them cooperation and they did say that it looks like the situation that the Morris Tribunal addressed, that nothing had changed. And the blue wall of silence was still very strong.”

Kenny: “What do you want to happen and what do you expect to happen, vis-a-vis the Minister and the Commissioner?

Wallace: “Well, we designed a police bill last summer and we argued that unless there’s a buffer between the minister and the Garda Commissioner, you cannot have proper oversight – there is no buffer there, there’s no, we do need an independent police board, we do need an oversight body, with real power that can look at the policies, patterns and procedures and if we had a police board they would be involved with GSOC with the Garda Commissioner, with the Force and with the Minister. It’s international best practice. We didn’t invent this. Vicky Conway and Dr Dermot Walsh have written all this. We’ve learned from them, we’ve read their books and we saw what was best practice. We looked at what’s happening in other parts of the developed world…”

Kenny: “Would you be happy if the current minister stayed in his job, would you be happy if the current commissioner stayed in his?”

Wallace: “To be dead honest, Pat, after the last 18 months, I do not find either of them fit for office.”

Kenny: “Finally, you’re own and Clare Daly’s regrets maybe. And about maybe not going public with the case of the taxi driver (Mary Lynch), the abduction, the murder even in Limerick: going public with it sooner.”

Wallace: “Eh, I can tell you…”

Kenny: “Cause it’s mystifying that you didn’t go…”

Wallace: “Clare Daly raised a number of the stories that Maurice and John brought to us and nobody took any notice. The whistleblower, the confidential recipient, a man’s head has fallen – and a bit unfairly in lots of ways. Oliver Connolly, Maurice was the one who met him and Maurice would argue for his integrity and his honesty but ultimately…”

Kenny: “Do you think his remark about Shatter therefore, Minister Shatter, was just Oliver Connolly being honest his own personal assessment of Mr Shatter, rather than saying this is chapter and verse, this is what he believed about Minister Shatter.”

Wallace: “The confidential recipient was working for the Minister and the Garda Commissioner really and I mean he was only doing what he could. But I quoted that in the Dáil on the 4th of December, 2012 and, just like the stories that..Ming Flanagan has brought some stories in there,  Joan Collins did, Clare Daly did and there was no interest shown in them. And if you think this is not an isolated case that you just heard this morning, there are hundreds of these unfortunately.”