Tánaiste Frances Fitzgerald is to face further questions in the coming days after Garda whistleblower Maurice McCabe disputed an account of his treatment at the O'Higgins commission.
Ms Fitzgerald confirmed yesterday she was aware a “serious criminal” complaint was levelled at Sgt McCabe during the inquiry, which was investigating allegations of Garda malpractice, on the orders of former Garda commissioner Nóirín O’Sullivan.
This was contained in an email sent to the Tánaiste by a senior Department of Justice official in May 2015, and was based on a conversation with an official in the Attorney General's office.
The correspondence to Ms Fitzgerald, which was published yesterday, said the former commissioner authorised the complaint to be used against Mr McCabe. However this is rejected by Mr McCabe, who insists such a complaint was never raised at any point during the O’Higgins commission. Instead the legal team for the Garda sought to introduce evidence that he had a grudge against individual members of the force and this was his rationale for raising concerns of malpractice.
The Garda whistleblower raised the inaccuracies in the email with Taoiseach Leo Varadkar during a telephone conversation last night and Mr Varadkar vowed to examine the matter further.
Sgt McCabe has told the Taoiseach the transcripts of the O’Higgins commission will support his position that such an issue was never raised during the private hearings.
It emerged last year that the legal team appointed by then Garda Commissioner O'Sullivan was instructed to question Sgt McCabe's motivation and credibility at the O'Higgins Commission. The strategy pursued against Sgt McCabe is being examined by the Disclosures Tribunal, chaired by Mr Justice Peter Charleton.
Ms Fitzgerald has come under significant political pressure in recent days to outline her knowledge of the direction issued by Ms O’Sullivan.
She has now confirmed the email was sent to her by the Department of Justice, who had consulted with the the Attorney General’s office. The AG’s office had received the information from the Chief State’s Solicitors Office.
All were aware of the serious allegation against Mr McCabe and that an investigation had been conducted into the allegations which concluded no prosecution was warranted.
Ms Fitzgerald has insisted she did not recall the email being sent to her and was only reminded of its contents during a briefing by the Department of Justice last Thursday.
However, she did not inform the Taoiseach of the email’s existence or her conversations with the department until Monday night.
Ms Fitzgerald also did not send the information to the Disclosures Tribunal until yesterday.
Labour leader Brendan Howlin questioned Ms Fitzgerald's actions on receipt of the email.
While he accepted she could not interfere with the work of the O’Higgins commission, Mr Howlin said she could have held the Garda commissioner to account.
The Tánaiste insisted she had no role in questioning or seeking to influence the evidence another party gave to a commission of inquiry.
Meanwhile, senior Fine Gael figures expressed concern about the damage the matter has caused and the continued controversy surrounding the Tánaiste.
A number of other Fine Gael members, including a Ministers of State, warned of political implications for Ms Fitzgerald.
Senior figures said their faith in the Tánaiste had eroded quite some time ago and this was another dent in their confidence.
Sinn Féin is to consider tabling a motion of no confidence in Ms Fitzgerald at their parliamentary party meeting today.
Fianna Fáil leader Micheál Martin also held private discussions with the Taoiseach late yesterday afternoon to discuss the matter and the potential consequences for the Government.
