Michael Collins SC to lead whistleblower email investigation

Michael Collins has been appointed to head up the independent review and will report to the Taoiseach on or before January 19 despite Mr Varadkar’s initial promise that the review would be completed before Christmas.

Martin Fraser had initially been asked to undertake the review by Taoiseach Leo Varadkar but after a number of parties opposed this Mr Collins (pictured) was appointed after consultation with the Attorney General.

The review will see a “thorough examination of the actions taken by the Department in responding to such requests, relevant documents and records, the processes used within the Department, and communication to and from senior management and the Minister,” the Government said in a statement.

“The review will set out the facts as found, together with such observations or comments as are considered necessary. It may also advise on what further measures, if any, might be taken to address any concerns arising from the review.”

The issue revolves around what Ms Fitzgerald knew about legal strategy used against whistleblower Maurice McCabe, by Nóirín O’Sullivan, a former Garda Commissioner, during her tenure as Justice Minister.

It emerged that Ms Fitzgerald ignored an email sent to her in May 2015 over Mr McCabe.

The Justice Department published various documents pertaining to whether she knew of the strategy against Mr McCabe, among which was one highlighting a dispute between the Garda Commissioner’s legal team and Mr McCabe’s lawyers at the time of the O’Higgins Commission of Investigation.

These papers were only unearthed after the Taoiseach ordered a second trawl of the documents. Ms Fitzgerald offered her resignation thereafter to prevent “an unwelcome and potentially destabilising general election at this historically critical time”.

Mr Varadkar then ordered an investigation into why the documents only came to light after he ordered a fresh trawl.