Arising from the Minister's reply and notwithstanding the reasons which have been given for not establishing a judicial inquiry into these allegations, would the Minister reconsider the situation in view of the widespread disquiet which the report in The Irish Times has caused? Would the Minister agree that the method of replying to the disquiet caused by leaving the matter to the courts really results in a situation where individual cases are dealt with by the courts on a disjointed basis and that, perhaps, the best way to answer that allegation would be by setting up a judicial inquiry?

I do not agree with the Deputy. At the end of my reply I said:

In the meantime, because of the likelihood of the proceedings to which I have referred taking place in the fairly near future, I am not in a position to say more, nor is the time opportune for me to say anything one way or the other about calls for a special tribunal outside the Garda and outside the courts system. I will be able to deal with that and with any other points that may still need to be dealt with when certain current and pending cases are disposed of, but while they remain undisposed of I cannot deal adequately with these other issues.

The fact that they will be dealt with individually case by case does not in any way take from the effectiveness of the courts as a way of dealing with them. One omnibus hearing of these cases by some special tribunal will not improve the position either for the persons making allegation or for the Garda.

Would the Minister accept that the only effective long-term system of dealing with serious issues of this nature lies in the acceptance by the Minister of the need for a separate independent system of machinery? Would the Minister consult with the Garda Representative Body, the Garda Commissioner and with the House on the setting up of such a separate independent system in the best interests of all concerned and of all citizens and of the Garda.

I have never ruled out or totally discounted the possibility of bringing such a procedure into existence. I have consistently said that the necessity for that will only become apparent when the courts are patently failing to give justice to people making such charges against the Garda or are not vindicating the Garda's good name. The type of machinery to which the Deputy refers implies that somehow the courts would be less than public or impartial. The Deputy is asking for machinery that would have complete confidence. I submit that the one forum in this country which has the complete confidence of every citizen is the court of law available for every citizen.

Hear, hear.

Until such time as that has been found to be inadequate or wanting I would not consider the introduction of another tribunal, and we have not reached that stage yet. If for some reasons not now apparent to me the courts are unsuitable, inadequate or in some way wanting, the matter can be reconsidered.

Question No. 16, please.

Does it not reflect on the courts?

This must be very brief.

The Minister's statement has indicated that, where cases have gone before the courts and for some reason were found wanting, subsequently the Garda authorities took up the cases and disciplined the members in question. Surely this is a complete refutation of being able to rely on the courts in cases like this.

It shows that the Garda apply within the force higher standards than the law of the land requires between two citizens.

Question No. 16 is for written answer.