Protected Disclosures Inquiry: Motion (Resumed) [Private Members]

That Dáil Éireann:

notes that:

— concerns were raised regarding the safety, suitability and serviceability of certain Garda firearm holsters through protected disclosures, internal reports and training personnel prior to the fatal shooting of a member of An Garda Síochána in June 2020;

— firearms instructors and other personnel are reported to have raised concerns about holster performance and equipment safety during training exercises;

— evidence arising from training exercises and a firearms-related incident involving a Garda member shortly before the fatal shooting is said to have raised additional questions regarding holster safety and associated forensic findings;

— questions remain as to whether the equipment worn by the Garda member at the time of his death was subjected to a comprehensive and independent technical examination;

— a quality-assurance review completed in 2024 identified concerns regarding the investigation of protected disclosures relating to firearms equipment, including issues relating to technical expertise, forensic evidence, procurement processes and investigative methodology;

— in 2025, concerns were raised by those involved in the protected disclosures process that significant questions remained unresolved and that further enquiries were required before certain disclosures could be closed;

— responsibility for the disclosures were subsequently reassigned, and closed shortly thereafter, notwithstanding the existence of unresolved issues identified by those previously examining them;

— further concerns have been raised regarding the engagement and withdrawal of independent technical expertise, the reliance on internal assessments, and the adequacy and independence of technical reports prepared during the course of the investigations;

— allegations have been made that individuals who raised concerns through protected disclosures, or who challenged aspects of the investigative process, experienced adverse professional consequences;

— questions have also been raised regarding the treatment of personnel involved in the administration and oversight of protected disclosures, and whether sufficient safeguards existed to protect them from adverse treatment; and

— concerns have been expressed regarding the handling of disclosures involving allegations against senior office holders and whether existing arrangements provide sufficient independence, transparency and accountability;

recognises that:

— Detective Garda Horkan was much loved by his family and friends, was a pillar of his community and was a dedicated member of An Garda Síochána, and his murder was a desperate loss to all who knew him;

— the Horkan family have called for an independent public inquiry; and

— ongoing criminal or inquest proceedings must be protected, but they should not become an indefinite reason for withholding independent scrutiny of distinct administrative and public-safety failures;

has concerns that extend to:

— defective ammunition, and the reported disposal of approximately 500,000 rounds;

— firearms storage, recording and accountability;

— procurement irregularities and alleged supplier favouritism;

— inappropriate servicing or repair of privately owned firearms;

— alleged misuse of Garda resources, fraud and financial wrongdoing;

— ammunition procurement and testing;

— staffing, training and specialist promotions within the Garda National Technical Bureau; and

— potential consequences for public safety and the integrity of criminal investigations; and

calls on the Government to constitute a full independent public inquiry that:

— is genuinely independent of An Garda Síochána and the Department of Justice, Home Affairs and Migration;

— has effective powers to secure documents, electronic records and testimony;

— can examine the knowledge, actions and omissions of senior Garda management, including the former Garda Commissioner Drew Harris, where relevant;

— can independently test the disputed forensic examinations and the technical evidence concerning holster safety;

— can examine the original procurement competition, the weighting of cost against quality, mandatory safety specifications, technical testing and the role of independent expertise;

— can examine interference allegations, expert selection and the premature closure of protected disclosures;

— can investigate allegations of penalisation and failures to protect reporting persons;

— can review the accuracy of information supplied to Ministers, the Houses of the Oireachtas and the Horkan family;

— can refer evidence of suspected criminal wrongdoing to the competent authorities;

— can examine whether other protected disclosures involving public safety were inadequately investigated or closed without proper resolution;

— can examine why the files were closed, and how two serious disclosures were closed on 23rd June, 2025, after the Protected Disclosures Manager had expressly stated that material questions remained unanswered;

— can examine why cost was given greater weight than quality, who authorised 500 marks for cost and 400 for quality in the procurement of firearm holsters, what mandatory technical safety standards applied, and who independently verified compliance before the contract was awarded and the equipment issued;

— can examine who was accountable, who authorised the reassignment, and the closure decisions and the representations subsequently made to the Ministers and the public;

— can examine why were whistleblowers penalised;

— can examine what statutory authority permitted the former Minister for Justice, Helen McEntee, to intervene in the handling of a report that the Office of the Protected Disclosures Commissioner had already transmitted to a designated statutory recipient under Section 10D of the Protected Disclosures Act 2014;

— can examine why the former Minister for Justice, Helen McEntee, sent a Protected Disclosure to the then Garda Commissioner, Drew Harris, given that it was expressly identified as a separate Protected Disclosure in its own right;

— can examine why on 21st December, 2023, a protected disclosure was redirected to An Garda Síochána following a direction by the former Minister for Justice, Helen McEntee, and why identifying information appeared in the titles of attachments transmitted by the Department of Justice to senior Garda management, including to an individual implicated in the very allegations;

— can examine why extremely serious allegations concerning the former Garda Commissioner, Drew Harris, did not meet the threshold for an investigation under Section 102B of the Garda Síochána Act 2005, what evidence was considered; and

— who undertook that assessment and why was further information not sought through the designated statutory process before that conclusion was reached.

To delete all words after "Dáil Éireann" and substitute the following:

"notes that:

— there are robust structures, policies and procedures in place across the criminal justice sector, including in An Garda Síochána, to ensure the effective management of protected disclosures and to provide support to people who make disclosures under the Protected Disclosures (Amendment) Act 2022; and

— the Government will not publicly discuss the merits or detail of any protected disclosure, since it is not for any Minister to reach conclusions on the veracity or legitimacy of any disclosure, as that is a function for the prescribed investigating bodies;

recognises that:

— Detective Garda Colm Horkan was much loved by his family and friends and was a highly respected and dedicated member of An Garda Síochána, and his murder was an appalling crime and is a tremendous loss to his family, friends and the Garda family;

— the murder of Detective Garda Horkan epitomises the risk and sacrifice that has been made by many members of An Garda Síochána; and

— concerns have been raised about the safety and suitability of the firearm holster used by Detective Garda Horkan at the time of the incident in which he was fatally shot;

further notes that:

— having regard to the importance of ensuring that equipment issued to members of An Garda Síochána is safe, the Minister for Justice, Home Affairs and Migration has requested, under section 205(2) of the Policing, Security and Community Safety Act 2024, that Fiosrú, the Office of the Police Ombudsman, investigate questions concerning the safety and suitability of the holster Detective Garda Horkan was using at the time of his murder; and

— the purpose of such a referral is to establish, through an independent external investigation, whether the holster gave rise to any operational or safety concerns;

further recognises that:

— a number of measures have been taken to strengthen protected disclosure mechanisms within An Garda Síochána;

— a new and strengthened Protected Disclosures Unit was established in January 2025, within the Garda Office of the Assistant Commissioner for Governance and Accountability, which also has responsibility for the Garda Anti-Corruption Unit and the Professional Standards Unit, the office was assigned additional and dedicated staff who have the requisite training and qualifications to undertake their role;

— extensive training has also been provided to managers across An Garda Síochána and, in addition, all personnel who make protected disclosures are advised of support services;

— the Policing, Security and Community Safety Act 2024, established the Garda Board, the Policing and Community Safety Authority (replacing the Policing Authority and Garda Síochána Inspectorate) and Fiosrú;

— the Act was designed to enhance governance, oversight and accountability in relation to the delivery of policing and security services by An Garda Síochána;

— An Garda Síochána have emphasised that they encourage and support employees in disclosing wrongdoing and that all allegations made under the Protected Disclosures Acts to An Garda Síochána are treated seriously, and examined for any potential disciplinary or criminal matters that may arise; and

— a review of the operation of the Protected Disclosures (Amendment) Act is due to take place in the coming year;

furthermore, notes that:

— the Protected Disclosures (Amendment) Act requires Ministers to transmit reports of wrongdoing to the Protected Disclosures Commissioner;

— the relevant legislation was adhered to in transmitting such reports; and

— it is not appropriate to comment or draw assumptions from partial information that relates to a process that, by its design, includes legislative provisions that protect the confidentiality of the discloser, and the details relating to the disclosure; and

furthermore, recognises that:

— there are robust structures, policies and procedures in place that ensure the effective management of protected disclosures in An Garda Síochána, and to provide support to those who make disclosures under the Act;

— there are multiple independent avenues for Garda personnel to make disclosures to ensure that disclosures are treated with the appropriate level of independent consideration, and the Government is satisfied that there are robust procedures and protections for those who make disclosures; and

— several ongoing legal processes and investigations should be allowed to progress and conclude and so consequently, a public inquiry is not under consideration at this time.".