THE GOVERNMENT IS using protected disclosures legislation as a “political hiding place” to avoid questions on the handling of allegations made by garda whistleblowers, a TD has said.

Foreign affairs minister Helen McEntee is coming under pressure to take questions in the Dáil about her time as justice minister when protected disclosures were made by gardaí.

Opposition parties claim questions regarding McEntee’s handling of garda whistleblowers remain unanswered, with a Sinn Féin TD accusing the Fine Gael minister of “ducking and dodging” every question in the Dáil last week.

During Leaders’ questions on Thursday, Labour TD Alan Kelly accused McEntee of acting “without legal authority” when she was justice minister in her handling of a protected disclosure made by Detective Superintendent Brian O’Reilly.

However, McEntee denied the allegation, insisting she has acted legally at all times. Speaking on Saturday, McEntee said she has no plans to come before the Dáil to answer further questions on the matter.

Social Democrats TD Gary Gannon said: “I think there was a cynical exercise in the Dáil on Thursday and indeed on Wednesday, by both the Taoiseach and Minister McEntee to hide behind the interpretation of the legislation rather than the reality of it.

“The legislation, as it pertains to protective disclosures, is yes designed to protect the whistleblower.

“It is not designed to protect the government or senior garda management from accountability in the Dáil, and that is where this is becoming a political hiding place, which will not last long.”

He said that “serious questions” remain over the Garda Protected Disclosures Office.

“Above all else, how can anybody in An Garda Síochána, who has concerns about management or elsewhere, how could they have confidence now to come forward and give a disclosure in its current form?” he told RTÉ’s The Week In Politics.

Gary Gannon, Social Democrats TD, accused the government of hiding behind legislation over the handling of garda whistleblowers. PA PA

Hildegarde Naughton, Minister for Education and Youth of Ireland, said that all ministers are “precluded by law” on commenting on individual protected disclosures.

Speaking on the same show on Sunday, she said: “This was legislation that Fine Gael and Labour introduced in 2014. It was amended in 2022.

“It is for precisely that reason that we protect the integrity of the protected disclosures process.

“The legislation is very clear around the independence of the protected disclosures process, and neither I, even as a TD, when you get an email or a protected disclosure into your office, it’s very clear in statute, it needs to be treated very carefully, independently, and there are strict procedures there.

“There are people out there who may wish to raise genuine concerns, and they need to know that that concern will be treated confidentially and safely, and that’s all in the legislation, and that is what this minister and any minister has to adhere to.”

Sinn Féin’s Conor McGuinness was among those calling for McEntee to take questions in the Dáil and the justice committee.

“Not just Minister McEntee, who we saw dodging questioning during Leaders’ Questions on the Dáil on Thursday, but the current minister and all the people implicated in this growing scandal and the fallout of this whistleblower scandal.

“I saw the minister (McEntee) ducking and dodging every single question, using every trick in the book to avoid taking responsibility, to avoid telling the House what she knew when.

“Those questions remain unanswered, and she has to come before the Dáil and answer those questions.

“Minister O’Callaghan, as the current minister for justice, needs to answer those questions and all the people implicated in this growing scandal need to come before the Joint Oireachtas Committee on Justice.

“It may come to an inquiry after that, whatever way we need to get to the bottom of who knew what, what went on. Because I think there are issues around the architecture, but we also need to get to grips with the culture and the absence of leadership here.”