Minister Shatter announces appointment of Garda Confidential Recipient

The Cabinet today agreed to the proposal of the Minister for Justice, Equality and Defence that he appoint Retired District Court Judge Mr Patrick McMahon to the position of Confidential Recipient under Regulation 6 of the Garda Síochána (Confidential Reporting of Malpractice) Regulations 2007.

Regulation 6 of the Regulations provides for the Minister, after consultation with the Garda Commissioner, the Ombudsman Commission, the Garda Síochána Inspectorate, the Garda Síochána representative associations and the trade unions or staff associations recognised as representing civilians, to appoint a person or persons as a Confidential Recipient. The regulations stipulate that a person so appointed must be a judge, former judge, barrister or solicitor or a serving or former senior civil or public servant. The Minister has completed this consultation process.

The standard period for an appointment under the Regulations is three years but the actual term will, in this case, depend on the timing of the enactment and commencement of the new whistleblower legislation, the Protected Disclosures Bill 2013, as an amendment being prepared to this will enable Garda whistleblowers to make reports directly to the Garda Siochana Ombudsman Commission (GSOC). This is a significant change – as under the current law members of the Garda Síochána are not permitted to make complaints to GSOC – which will replace the Confidential Recipient system.