asked the Minister for Justice why the Garda Síochána do not institute proceedings for assault in cases where, as appears from, evidence given in civil actions, teachers in primary schools have committed serious assaults on pupils.
Ceisteanna—Questions. Oral Answers. - Assaults on Pupils.
28.
There can be several good reasons why the Garda Síochána have not instituted proceedings in particular cases where teachers were alleged to have assaulted pupils but there is no reason in principle why they should not do so if the assault is obviously serious.
In practice, such proceedings are rarely taken by the Garda Síochána and the principal reason for this is that very few cases are reported to them.
If a case is reported to the Garda Síochána, it is dealt with by them on the same basis as any other complaint about an assault, namely, that where they do not witness an assault themselves, the Garda Síochána normally will institute proceedings only where there is clear evidence—such as bruises or the like—that goes to prove that the assault was serious. Where such objective evidence is not available, they leave it to the injured party to institute proceedings, either civil or criminal, himself. I need not stress that the fact that a civil action may succeed does not mean that criminal proceedings would succeed or would be justified.
If, however, there had been cases in which the Garda Síochána did not institute proceedings where assaults were committed and where there was clear evidence that they were serious assaults, I think that it can safely be assumed that the reason is that the parents either did not report the matter at all to the Garda Síochána or subsequently decided that they did not want to proceed with a criminal charge—preferring perhaps to rely on civil proceedings.
29.
asked the Minister for Justice why the Garda Síochána did not institute proceedings for assault against the teacher who is reported to have attacked and knocked unconscious a young child in a national school in County Mayo, who was successful in a resultant action for damages.
The Question raises a matter of principle which I should like to bring to the Deputy's notice.
I cannot undertake to go into the merits of a Garda decision, to institute or not to institute proceedings in a particular case. I have no function in such a matter and, if I were to comment, it would inevitably mean that directly or indirectly I would be expressing an opinion on the case, which it would obviously be improper for me to do. A person who is aggrieved by a Garda decision not to prosecute has the remedy of instituting such proceedings himself.
In these circumstances, the most that I can properly do by way of answering the Question is to draw the Deputy's attention, to the general reply which I have given to the previous Question, in which it was pointed out that it is not the practice for the Garda Síochána to institute proceedings in such cases unless there are visible marks that go to prove the seriousness of the assault.