Dáil told garda whistleblower was treated 'like dirt' by Department of Justice

LABOUR TD ALAN Kelly has accused the two most recent justice ministers of “acting without legal authority” in how they handled a protected disclosure from a garda whistleblower. 

Speaking during Leaders’ Questions this afternoon, Kelly said that as a result, the government is in “very dangerous territory” that is “potentially fatal”.

The accusation relates to how Helen McEntee and current Justice Minister Jim O’Callaghan have handled a protected disclosure made by Detective Superintendent Brian O’Reilly, which was initially sent to McEntee when she was in office in September 2023.

The protected disclosure related to concerns about allegedly faulty garda firearm holsters.

Kelly said O’Reilly has been treated “like dirt” by the Department of Justice and An Garda Síochána.

He said what is more important, though, is how the State is treating the family of murdered garda Colm Horkan. 

Horkan (49) was shot 11 times on 17 June 2020, after his assailant took his firearm while he was on duty in Castlerea, Co Roscommon.

On Wednesday, it was announced that garda watchdog Fiosrú had accepted a request from O’Callaghan to investigate the gun holster issued to Horkan.

However, the detective’s family is seeking a public inquiry into the circumstances of his death.

Kelly told the Dáil today that Horkan’s family had dismissed the Fiosrú investigation as “nonsense” and that they would not be cooperating with it. 

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Holding up a gun holster in the Dáil chamber, Kelly said GSOC, the body that Fiosrú replaced, was tasked with investigating the defective holsters in 2019 – 11 months before Colm Horkan was murdered. 

“So how was the family meant to have confidence in the same organisation, newly re-established, to do an investigation that they couldn’t do back then?,” Kelly said. 

“This is unprecedented, honestly, where a family are fighting the State to get an investigation into the circumstances of the capital murder of their loved one because of these,” he said, as he held the gun holster up. 

Addressing Tánaiste Simon Harris, Kelly said:

“Your government needs to change course on this. I’m going to say this out straight to you. This is not going to go away.

“You need to stand up for this family. They are watching you as I speak now, and I have to say this quite directly to your Tánaiste, from the party that’s meant to stand for law and order. They are depending on you and your response now.”

Harris said McEntee and O’Callaghan “would always discharge their duties in line with the best possible advice available to them”. 

He said he fully understands the Horkan family’s quest for answers. 

He said the government will need to “reflect further” on the comments of the Horkan family.

“There needs to be further engagement with the family, and I think we need to find a mechanism that works for them in terms of trying to get those answers.

“The minister has said very clearly that he retains an open mind on a public inquiry, and I want to reiterate that today,” Harris said.

On Wednesday, the Dáil debated a private members’ motion calling for a formal inquiry into the handling of protected disclosures and whistleblower protections which was put forward by Aontú leader Peadar Tóibín.

Tóibín said ”a lack of ministerial oversight” is at the heart of the matter, and “in some cases, in my view, ministers breaking the law”.