The Independent TD Mick Wallace is to make a complaint to the Standards in Public Office Commission over the Justice Minister.
It follows a declaration by Alan Shatter on television last night that the Wexford TD had been stopped driving by Gardai last year which using his mobile phone and that he was issued with a caution.
Mr. Wallace says he has no recollection of this alleged incident and says it represents a serious abuse of the Minister's powers and a breach of the Code of Conduct for Office Holders.
In a statement, Deputy Wallace said "It would appear that the Minister was attempting to undermine my criticism of the manner in which he chose to investigate the issues raised in the Whistleblowers’ dossier regarding the cancellation of Fixed Charge Notices. I outlined this criticism and my dissatisfaction with the Minister’s approach in a letter to every member of the Cabinet dated April 22nd 2013, copied below, which I chose not to release to the media, until now".
He continued "I believe that the allegation made by the Minister represented an attempt to avoid a discussion of the grave issues of Garda malpractice, issues which I am determined to continue to pursue".
He is also to demand the Data Protection Commissioner investigate if there was any breach of legislation in the Minister making his allegation, adding "I will also be requesting that the Data Protection Commissioner investigate any possible breach of the Data Protection legislation, the basis for the Minister's allegation, the circumstances surrounding the seeking and providing of any personal data to the Minister in preparation for the Prime Time debate, and the identity and role of all persons involved".
Minister Shatter, responding in relation to Thursday’s Prime Time programme said “It is in the public interest that the allegations made of improper cancellations of Fixed Charge Notices by members of An Garda Síochána are dealt with thoroughly and with transparency. The publication of the Report of Assistant Commissioner O’Mahoney; the Report of the Garda Professional Standards Unit and the referring of these Reports to the Garda Inspectorate and the Joint Oireachtas Committee on Justice, Defence and Equality serve to ensure that public confidence be maintained in An Garda Síochána and that the integrity of the Fixed Charge Processing System is maintained.”
“Deputy Mick Wallace, on the Pat Kenny radio show five hours before Assistant Commissioner O’Mahoney’s Report was published, labelled the Report “a whitewash”. Some 33 hours after its publication he appeared on RTE’s Prime Time, admitted he had not fully read the Report, and again branded it a “whitewash”. Deputy Wallace, together with his other Dáil colleagues has, for the last six months, been using confidential information to denigrate and attempt to damage the reputations of a number of private individuals as well as the entire Garda Force. Following upon his asserting last night that the Gardaí should not, in any circumstances, use their discretionary powers to terminate Fixed Charge Notices regardless of any humanitarian issue, I believed it was a matter of public importance that those viewing the programme be in a position to assess the credibility of the Deputy’s position.”
“By making a pretence, for political purposes, that he is of the view that Gardaí should not use their discretionary powers in ease of a member of the general public whilst concealing the fact that Garda discretion had been exercised in relation to himself, Deputy Wallace was last night effectively asserting that discretionary consideration afforded to him by An Garda Síochána should not be extended to others. I do not believe such an approach to be either acceptable or credible. As stated by me on Wednesday in the seven essential principles that I published and furnished to the Garda Commissioner, in the exercise of their discretionary powers the Gardaí must I believe treat everyone equally.”
