asked the Minister for Justice if he is aware of the disquiet caused by the recent direction of the Commissioner of the Garda Síochána given to members of the force in the course of tours of inspection that a minimum number of prosecutions should be brought annually by each member; and if he is aware that this direction will have detrimental effect on investigatory work.
Ceisteanna—Questions. Oral Answers. - Garda Prosecutions.
31.
I am informed by the Commissioner that no direction such as that referred to in the question has been issued by him either generally or in any district.
In accordance with the long-established practice, I am not prepared to comment on—nor indeed would I normally even disclose—the content of instructions given by the Commissioner to members of the force on matters of internal Garda administration. In the particular circumstances, however, and bearing in mind the circulation of misleading assertions, I think it right to say for the information of the House that the Commissioner, in the course of tours of inspection, has been seeking to secure a higher standard of crime prevention and of law enforcement, with particular reference to offences that may not have been receiving sufficient attention, including traffic offences and especially those traffic offences which have a bearing on the safety of human life and limb. He has also drawn attention to the evasion of road tax which, apart from the loss to the Exchequer, is unfair to those who do pay the tax, and to various other matters that are of growing public concern to many people such as serious breaches of the licensing laws, especially those that involve drinking by young people.
There is no question of any member of the force having to meet a specific quota of summonses. In fact a decision to issue a summons does not rest with the individual garda who makes a detection. On the other hand, for the record I must add that this does not mean that the record of detection by individual members in any particular area is irrelevant or of no concern to their superior officers. It is one pointer, even though not the only one, to their level of interest in and commitment to their job and I take for granted that it is a matter that is referred to frequently by all supervising ranks, and not just by the Commissioner personally.
Will the Minister say if I am right in assuming that no direction has been given to members of the Garda force that they are to have a minimum of four or five prosecutions per week, that failing to have this they are reported on a monthly basis to their superintendent and that it is considered a black mark against them if this number of prosecutions is not brought by them?
The Deputy is quite right in assuming that what he has said is not correct.
I have been told by individual members of the Garda Síochána that this is so, that they have to report on a monthly basis to their superintendent, and that they have been told to step up considerably the number of prosecutions in an effort to bring in more money to pay for their keep.
For the third time let me say that the assertion contained in the Deputy's second supplementary question is not correct.
Would the Minister not agree that there is an unusually large number of petty prosecutions in the District Courts?
I would not so agree. The so-called petty prosecutions can be relevant to the collection of tax for the Revenue; they can be relevant to the enforcement of the licensing laws, particularly with regard to the abuse of young people drinking, and they can be relevant to the safety of citizens on the roads. It is wrong to categorise any prosecution as petty.
Will the Minister say now that no action whatever will be taken against members of the Garda Síochána who might not have a minimum of four or five prosecutions?
There is no minimum number set for any member of the force and this is the fourth time I say that. I would ask the Deputy to accept that that is the position and to discount whatever stories or rumours he may have heard.
Would the Minister not agree that the prevention of crime can be more successfully pursued without prosecution?
Yes. That is a valid theory and one that is operated by the Garda Síochána. They are not being discouraged from doing this.
Will the Minister state if a directive was ever issued and subsequently withdrawn in relation to this matter?
Not that I am aware of.
Was a directive issued and withdrawn?
No. For the fifth time may I repeat:
I am informed by the Commissioner that no direction such as that referred to in the question has been issued by him either generally or in any district.
I cannot put it more specifically. It is about time this misleading assertion was set at rest.