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Dáil
‹ Leaders’ Questions.

Discipline for gardaí implicated in Donegal

Summary

Ó Caoláin challenges the lack of effective action against implicated gardaí; the Taoiseach says disciplinary matters are being examined and the DPP independently decides whether to prosecute.

Does the Taoiseach support the failure of his Minister for Justice, Equality and Law Reform to take any effective action on foot of the Morris tribunal reports? Does the Taoiseach stand over the situation, which I can only describe as adding insult to injury, where we see corrupt gardaí not being at the very least, suspended pending prosecution, but being allowed to resign, perhaps even being invited to do so and being transferred to other divisions including to Garda headquarters? Does the Taoiseach agree that it is a scandal that no one has been held to account for the Garda ill-treatment of both the McBrearty and McConnell families and other families in County Donegal and elsewhere? Does the Taoiseach agree that it is a scandal the assassination of Councillor Eddie Fullerton has been wilfully ignored by his Minister who only reluctantly agreed to allow an examination of the Garda's own investigation and has now advised this House that he will not allow the findings enter the public arena? Does the Taoiseach not believe that, with all the evidence pertaining to collusion in the death of Councillor Fullerton and the fact that he was a publicly elected representative, a high-profile case, this is an incredible position for this so-called Minister for Justice, Equality and Law Reform to take? Does the Taoiseach back a Minister who is happy to see gardaí avoiding prosecution for framing innocent people, while at the same time this week he will seek the renewal of the Offences Against the State Act, which will see citizens coming before courts and convictions being sought solely on the word of a garda officer? To restore confidence, many issues must be addressed. Is the Taoiseach aware of the Minister's profound incompetence in regard to justice policy where he continues to employ what can only be described as gimmicks and exhausted exercises which have proved useless in other jurisdictions, such as anti-social behaviour orders, electronic tagging, mandatory drug testing and prison privatisation? Does the Taoiseach not believe that, with all this evidence and much more pointed at the Minister for Justice, Equality and Law Reform, it is time — this is a constructive proposition — to invite him to hand in his resignation and replace him?

Comment on this

Disciplinary implications for members below the rank of superintendent are being examined by the Commissioner, so it is not the case that there is no disciplinary action. As I said, the transfer of members from Donegal is a completely separate matter from any disciplinary action that might be taken. This does not rule out that the Director of Public Prosecutions may decide to bring a prosecution against any member. The information in the Morris report is available to the DPP who is totally independent of the Minister. It would be inappropriate for the Minister to have any influence over the DPP in these matters. He has no say whatever in bringing prosecutions on these issues. It is incorrect to in any way blame the Minister on these issues.

As I said, last year there were dismissals and resignations from the force when the first report came out. Following the recent report, two members at superintendent level have indicated that they will retire. The Garda Commissioner said that not only will he shortly bring forward disciplinary actions but he will also outline a comprehensive package of management reforms. None of those issues is being ignored.

On the late Councillor Eddie Fullerton from Buncrana, the family has asked the Department to look at the case and I am aware of its long-held views on issues of collusion. I have no doubt those matters will be considered by the Minister.

I repeat that issues of accountability and of appointing an ombudsman were considered at length following the first report as were the options in respect of a complaints procedure. The Government considered all the options and came down in favour of a three-person ombudsman commission because with police ombudsman institutions there does not have to be a single person in charge and the complaints systems in other states have commissions with more than one person sitting on them — there are nine commissioners in the UK. Having a three-person commission, therefore, increases the chances of having an internal debate, which is welcome, before a decision is taken on matters of complaint. This is a considerable strengthening of the process that is there. It will certainly help matters in the future. The House should, and will, support these proposals.

Comment on this