We use Google Analytics to see which pages are read and how the site is used, so we know what to improve. This only runs if you accept. See our privacy notice for details.

Dáil
‹ Leaders' Questions

Justice cases and inquiry demands

Summary

Joan Collins raises allegations involving the Gardaí, the Minister for Justice, the Niall Molloy, Cynthia Owen and Sarah Bland cases, and Traveller children recorded on PULSE, seeking a wider commission of inquiry. The Government defends its planned Fennelly commission into Garda station recordings and says its terms of reference should be debated, while the Chair repeatedly restrains unsubstantiated allegations and disorderly exchanges.

There are still many questions to answer in respect of the Minister for Justice and Equality, Deputy Shatter, the letters and the resignation or retirement of the former Garda Commissioner, Mr. Callinan. I take issue with the double standards of the Labour Party in government. Last night, Frank McBrearty and Sarah Bland were in the Visitors Gallery. These two individuals have raised serious questions about the justice and Garda system in this country. Their response, not mine, was that it was a mirror image of previous debates they have seen when the Labour Party and Fine Gael were on this side of the House and Fianna Fáil was on that side of the House. The silence of the Labour Party when the penalty points and whistleblower issues were being raised was woeful and the belated intervention of Labour Party Ministers after that of the Minister for Transport, Tourism and Sport, Deputy Varadkar, was glaring.

I take issue with what I see as the heart of what we are dealing with. There have been many instances of Garda malpractice, alleged malpractice and injustice in this country.

These include the high-profile and continuing case of Mr. Ian Bailey. When the Minister was on this side of the House, he railed about how badly the Fr. Niall Molly case was handled. The matter has been out in the public domain. Senior Fianna Fáil Ministers were at the scene and senior Fine Gael Ministers colluded with the church to-----

Comment on this
Seán Barrett An Ceann Comhairle Fine Gael

I am sorry, but the Deputy cannot make allegations-----

Comment on this

That is desperate rubbish. It is unsubstantiated.

Comment on this

It has been debated out in the open.

Comment on this
Seán Barrett An Ceann Comhairle Fine Gael

It is not in order in the House to make allegations that one cannot substantiate.

Comment on this

They colluded with the church to destroy the name of Fr. Niall Molloy.

Comment on this

Step outside the House.

Comment on this

Ms Sarah Bland was sexually abused by her father even though her mother, Ms Patricia Bland, tried to raise the issue and get an interim custody order in 1981. This matter has been out in the open. It was debated at Stormont in 2001 and 2007 and in the Seanad in 2009.

Comment on this

We cannot name people. That was a terrible accusation.

Comment on this

Patricia and her daughter, Sarah, who came over from England last night to hear the debate, are taking a case and have provided detailed statements to the Garda in respect of allegations about perverting the course of justice, obstructing justice, deliberate collusion, suppression of the evidence of a witness in a court of law and-----

Comment on this
Seán Barrett An Ceann Comhairle Fine Gael

Will the Deputy put her question, please?

Comment on this

-----failing to report the crime of incest to the Garda. This case is being taken against the Minister for Justice and Equality, Deputy Shatter. We also had the Ms Cynthia Owen case-----

Comment on this
Seán Barrett An Ceann Comhairle Fine Gael

I am sorry, but the Deputy is over time.

Comment on this

This is important because it is at the heart of what we are doing.

Comment on this
Seán Barrett An Ceann Comhairle Fine Gael

No, you are over time. Just put your question. These are not statements.

Comment on this

There is a serious question over the Cynthia Owen case and the Minister has refused to meet her family. Will the Labour Party, within 48 hours, set up a commission of inquiry into these cases, the further 32 cases mentioned by the Taoiseach last Thursday and the racial profiling of Traveller children? These are serious issues and, unless they are dealt with, we will never move on.

Comment on this
Seán Barrett An Ceann Comhairle Fine Gael

Before the Minister replies, I want to put it on record that this is not a court of law.

Comment on this
Deputies

Hear, hear.

Comment on this
Seán Barrett An Ceann Comhairle Fine Gael

You cannot make statements that you cannot substantiate. We have an obligation to everyone to raise issues, but not to make allegations that we cannot substantiate. That is what the courts are for.

Comment on this

Tell her to repeat it outside the House.

Comment on this

The only commission that we are committed to establishing arising from a Government decision in response to the revelations about the tape recordings in Garda stations across the country is the commission of investigation into those matters, headed up by the soon-to-be-retired Supreme Court judge, Mr. Justice Nial Fennelly. There is enough to be going on with in that particular matter in terms of correspondence on tapes and all of the other allegations about which we are all concerned, but about which none of us has the facts. It would be wise if this Parliament endorsed the establishment of that commission. The terms of reference are being discussed by the Government and will be discussed and finalised with Mr. Justice Nial Fennelly. They will then be brought to this Chamber so that we might debate what we want this person to inquire into and establish by way of fact. Against that, we can subsequently propose remedies, solutions, commentaries or whatever. I respectfully suggest to the Deputy that, when the draft terms of reference have been concluded by the Government and Mr. Justice Fennelly-----

Comment on this

And the votes.

Comment on this

-----they will be brought to this House and debated. It will be open to this House to add, subtract or amend in whatever way it so decides.

Comment on this

The Minister knows it is a numbers game.

Comment on this

It is a numbers game.

Comment on this

It is called Parliament, Deputy.

Comment on this
Deputies

Hear, hear.

Comment on this

It used to be Parliament.

Comment on this
Seán Barrett An Ceann Comhairle Fine Gael

Through the Chair, please.

Comment on this

It is also called a democracy.

Comment on this
Seán Barrett An Ceann Comhairle Fine Gael

Deputies, please.

Comment on this

I am sorry, a Cheann Comhairle.

Comment on this

Where was Deputy Mathews last night? There was no sign of him.

Comment on this

I did not catch all of the details of the concerns expressed by Deputy Joan Collins, but it would be appropriate if she chose to attempt to have the terms of reference of that commission of investigation amended.

Comment on this

Deputy Mathews did not have the courage to turn up last night.

Comment on this

The facts about the issues I raised are undisputed. The family of Fr. Niall Molloy will not be happy to hear the Minister state that the Government has enough to go on with thanks to the tapes. The Taoiseach told the House that, as soon as he realised the gravity of the situation, he moved into action and a commission of investigation was set up within 48 hours.

Comment on this

Fair play to him.

Comment on this

These cases have been out there for years. Why is there not the same intensity of response to the cases of Fr. Niall Molloy, Cynthia Owen and Sarah Bland as well as the many other cases in which people cannot move on with their lives because they have a sense of injustice and feel that they have been caught in a warp? Why is the case of the Traveller family whose two and three year olds are on the PULSE system not being dealt with immediately? Why does the Minister not agree that these matters should be dealt with very quickly and that a commission of inquiry should be established? Is he afraid to take up these issues?

Comment on this

I appreciate the Deputy's concern for these matters. I am in no way doubting her sincerity. However, this is not the way to do business in an assembly like this. We have decided to establish a commission of inquiry into very serious allegations of a practice that has been going on for the past 30 years-----

Comment on this

The Minister was talking about it for years while on this side of the House.

Comment on this

Just let me finish, please. That practice could have significant implications for a range of matters that we do not yet know, as we have not had a chance to find out what is on those tapes and what their consequences could be. I suggest respectfully to the Deputy and every other Member of the House that we establish that commission and debate it in the Chamber. The Executive will, with Mr. Justice Fennelly, agree a set of terms of reference that will be brought to the House for approval. If Members from all parties have concerns about the adequacy of those terms, let us agree to have them so amended if that is the will of this particular Chamber, and then-----

Comment on this

What about the Independents?

Comment on this

Deputy Mathews never turned up last night.

Comment on this

-----we will proceed.

Comment on this

"All parties". Independents.

Comment on this

It would be irresponsible of me, on behalf of the Government, to give an instant response to Deputy Joan Collins to the effect that we would do that. There are ways-----

Comment on this

These people have been waiting for years.

Comment on this

-----of doing business here.

Comment on this

When the Government was in opposition, it called for an investigation into some of these cases. What is the difference now?

Comment on this
Seán Barrett An Ceann Comhairle Fine Gael

Please, this is Leaders' Questions. It is not a debate.

Comment on this

There are supposed to be answers as well.

Comment on this

Where was Deputy Mathews last night?

Comment on this

This is still the old way of doing business.

Comment on this

Mario Draghi was on the telephone.

Comment on this

Where was the Deputy last night?

Comment on this

Working effectively.

Comment on this

He was afraid he might lose a number.

Comment on this

The Deputy did not have the courage to turn up.

Comment on this

I have plenty of courage.

Comment on this