asked the Minister for Justice if he will make a statement on action reported to have been taken by the members of the Garda in Wexford to organise a meeting at Enniscorthy tomorrow night.
Private Notice Questions . - County Wexford Garda Meeting .
: The question appears to relate to newspaper reports of a further meeting to be held as a follow-up to meetings already held by members of the two representative associations in connection with events surrounding the charging of a man in connection with the death of Detective Garda Quaid.
The Deputy must be aware that the matters said to have been discussed at these meetings concern issues that for a number of reasons cannot properly be the subject of comment by me, reasons which include the fact the the issues relate to matters that are either sub judice or are, to my knowledge, almost certain to become so very shortly, or else are so closely bound up with matters that are sub judice that any public comment would clearly be inappropriate. It is well to remember that a man stands charged with capital murder.
Apart altogether from the issue of matters being, or being about to become, sub judice, I wish to make it quite clear that neither I, as Minister for Justice nor any other member of the Government, has or has had any involvement in the matters to which the question apparently relates.
The investigation of an individual crime and actions or arrangements related or incidental to such investigation are matters for the Garda Síochána. I am not consulted about them nor do I seek to intervene.
Directions as to what charges should or should not be brought and as to the court in which particular charges should be brought are matters for the Director of Public Prosecutions. Again, I have no function in any such matter and the Director of Public Prosecutions' directions are communicated either direct to the Garda or, in some cases, through the Chief State Solicitor's office. They are not communicated through me or through my Department and any knowledge I might receive of any such directions in a particular case comes only after the event.
I therefore cannot undertake to make, nor has it ever been the practice of Ministers for Justice to make, any statement about incidents such as those with which the question is apparently concerned.
: Recognising the limitations imposed on the Minister by the fact that the matter which is to be discussed at this meeting and has been discussed at other meetings is in part sub judice or might in other respects become sub judice, does the Minister agree that there is grave disquiet amongst the Garda Síochána in relation to the manner in which this matter has been handled and the way in which its handling has been represented to the public at the expense of the Garda Síochána? In the interest of the morale of the Force it is important that the reasons for the course of action pursued be explained to those concerned so that the confusion which at present exists and which is having a dangerous effect on the morale of the Force can be dispelled.
: The Minister is aware, as I have already said, that it has never been the practice for the Minister for Justice to make statements about incidents of the type we are talking about or anything related to them and more so on this occasion. The Deputy is no doubt aware that it has been stated in open court, and reported in newspapers, that certain instructions given by the Director of Public Prosecutions, instructions that necessarily were given orally because of time pressures, were, as a result of a misunderstanding, not acted upon. As a result it was legally necessary for certain remedial action to be taken. It is not for me to comment in this House as to where, if anywhere, any blame lies in this matter. It is clear to me that we cannot in this House conduct an inquisition as to who said what to whom nor should we attempt to do so. I understand that there are differences of opinion between those directly concerned on that score. Indeed, the Government of which Deputy FitzGerald was a member regarded it as necessary to make it clear that the Executive should be clearly seen not to be in any way involved in prosecutions when they set up the office of Director of Public Prosecutions. Similarly, the Minister for Justice does not have any involvement on the Garda side in relation to criminal charges. It is inconsistent to seek to get me to become involved when on other occasions if I were involved I would be accused of intervening in such matters.
: My concern is to minimise difficulties that at present exist. I do not wish to press the Minister to say more than he has said in this House but I urge upon him that a serious problem now exists because, amongst other things, of resentment in the Garda Síochána against this very allegation of failure to carry out instructions. It is that resentment, and that allegation made in court, which is causing part of the present trouble. In the interests of the morale of the Force would the Minister consider taking some action to clarify the position with the Garda Síochána concerned, not necessarily here, and to ensure that resentment against this allegation does not lead them to pursue a course of action which is not in the public interest.
: I readily appreciate and understand the type of reaction that arose amongst the Garda as a result of the court proceedings on Saturday morning last. I understand that the Commissioner of the Garda Síochána has had discussions with representatives of the Garda associations involved. I would assume that the Garda Commissioner would have been able to explain to the association the position as far as he was concerned. With regard to who said what and to whom and who was right or who was wrong or who misunderstood the direction given by the Director of Public Prosecutions on the telephone to the Commissioner, or those representing him, the Deputy will readily appreciate that I cannot get involved in that as of now. The Deputy is also aware that the proceedings on Saturday, I am fairly certain, will be the subject of further legal proceedings. For that reason I would not like to go any further than I have gone now. I appreciate that what happened led to grave disquiet not alone amongst the Force but amongst the community at large. I can assure the Deputy that the happenings of last week were of such grave concern to the entire community that everybody was anxious to see that a slip up was not made in any way. I had better leave the matter at that at this stage because we might be on ground to cause serious problems and may interfere with court proceedings at a later stage.
: If the allegation of failure to carry out instructions is ill-founded the Minister should ensure that it is withdrawn before the meeting tomorrow night so that all concerned can approach the matter in a calmer light.