Skip navigation

Tag Archives: tusla

 

It has become far too uncommon for a citizen or a worker to speak up when confronted by something that is wrong. Worse, while objecting and arguing is taken as heroic, there would appear to be a consensus on silence: that keeping one’s mouth shut is acceptable. What is at stake here is the abandonment of integrity, i.e. the ordinary responsibility of the ordinary citizen in workplace, institution, club, on or off line and in casual interaction to speak truth to bad behaviour, illegitimate instructions or plans and indeed complete bollocks.

It has been necessary to surround whistle-blowers with protective laws and institutions. This is to protect their right to … well, their right to what? You see, there is an enormous difference between protecting their right to be exceptionally heroic and protecting their right to behave as any decent person should. The difference plays out in the treatment of those who knew and remained silent.

The protection offered to whistle-blowers makes it just about possible for an individual to act with integrity. Yes, it incentivises doing the decent thing but not overly so; it offers a measure of security but it also applies a label and probably ends a career. It is a contradiction – even madness – to accept that ordinary integrity be treated as exceptional and in need of protection. It is, therefore, essential to incentivise integrity by treating it as an expectation. That is to say, whistle-blower legislation must include the obligation that after enquiries are completed and perhaps offenders dealt with, attention should turn to those who remained silent, i.e. attention should focus on those who demonstrated a lack of ordinary integrity. In at least some cases the failure to behave properly will mark these people as unfit for the positions they hold. However, the main reason for extending the process beyond the individual whistle-blower is to incentivise whistle-blowing.

It has to be made clear that citizens are required to operate with integrity. Moreover, it has to be emphasised that integrity is a requirement for most jobs, and failure to demonstrate it – should the occasion arise – will result in opprobrium at least. It is not acceptable that the one or two demonstrably good people in an organisation should walk off as heroes into obscurity, leaving time servers and chancers to rewarding careers.

The RTE Primetime programme of February 9th 2017* performed a solid public service by exploding the story of the HSE’s and Tusla’s involvement in smearing the reputation of Sergeant Gerry McCabe. The programme of February 14th ** had the makings of something similar but the framing decided upon led it down a different path right through the obsessive question about a change of party leader and to the ridiculous suggestion by Paul Murphy T.D. near the end of the programme that the crucial issue is the credibility of the Taoiseach. No, no, no, the crucial issue is the operation of a system of silence operated by politicians and journalists which allows those who whisper falsehoods to remain anonymous. “Sources”, it would appear, must remain anonymous; they must remain so even years later when it is recognised that they were lying.

There would seem to be just one exception: John McGuinness, the former chairman of PAC, provided a name. He told the Dáil that he was approached before Sergeant McCabe’s PAC appearance by then Commissioner Martin Callinan who allegedly tried to discredit Sergeant McCabe.

Contrast this with Mick Wallace T.D. at c. 4 mins into the 14th Feb. programme who names people under privilege except that he withholds one name: that of a journalist spreading the smear.

Then watch Pat Rabbitte at about 21 mins. tell of being approached by a retired Garda who smeared Sergeant McCabe. Even at this stage – years later – Pat did not name the retired Garda and David McCullagh didn’t ask him.

Now go to 25 mins. and listen to John Deasy tell of being approached by a “very senior Guard” who smeared Sergeant McCabe. John did not name the senior officer and Katie Hannon didn’t ask him.

Journalists generally talk of culture and a quite comprehensive system of smearing but it would seem that just two have come out and said that there is no public benefit in keeping confidential the names of liars.***

Primetime has a team of respected journalists. It is inconceivable that they have not discussed the practice of protecting the anonymity of lying sources, the chancers who exploit for nefarious ends and undermine the accepted protection of sources.

Primetime could perform a public service by turning their attention to journalism and confidentiality generally. Right now there is a newsworthy vehicle available: the role of confidentiality in creating the current scandal whereby decent police officers were smeared.

___________________________

* http://www.rte.ie/player/ie/show/prime-time-30003251/10685085/

** http://www.rte.ie/player/ie/show/prime-time-30003251/10687165/

*** Justine McCarthy: http://www.thetimes.co.uk/article/name-and-shame-the-rumour-mongers-who-slurred-maurice-mccabe-sl29g5f7c

and

Colum Kenny: http://www.irishtimes.com/news/crime-and-law/whistleblower-row-malicious-sources-have-no-right-to-protection-1.2971029

In contrast, here’s a case in which a journalist, having reported lies from Garda sources, invoked the guidelines of the National Union of Journalists in declining to reveal the identity of his sources. https://www.gardaombudsman.ie/docs/publications/Report_October2008.pdf (See in particular paras. 10 and 13.)