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Dáil Éireann debate -
Wednesday, 17 Apr 1991

Vol. 407 No. 1

Private Notice Questions. - High Security Garda Documents.

asked the Minister for Justice if he will make an urgent statement about the investigations into allegations of a Garda leak connected with a recent murder in Northern Ireland.

asked the Minister for Justice if he will give details of the investigation which is planned into the circumstances in which a representative of the Provisional IRA is reported to have produced to a journalist a Garda document on a man whom they murdered in County Tyrone last week; if, in view of the fact that the Provisional IRA appear to be using the information on the document to justify the murder of the man in question, he will outline whether any review of security procedures relating to such documents is planned by the Garda authorities; and if he will make a statement on the matter.

asked the Minister for Justice if he will make a statement on media reports that high security Garda documents have been passed on to the IRA and that the leaking of these documents has resulted in the death of at least one person in Northern Ireland.

asked the Minister for Justice the way in which a confidential Garda document came into the possession of the Provisional IRA; if his attention has been drawn to the possible threat to life this leak presents; the steps he intends taking to deal with this matter and ensure no recurrence of such incidents; and if he will make a statement on the matter.

asked the Minister for Justice if, in view of the splendid record of the Garda Síochána and in order to uphold the good name of the force, he will outline the position regarding the alleged leaked confidential Garda report of Fógra Tóra; the steps he has taken to investigate this matter and the action he intends taking to prevent a recurrence of similar type incidents; if, in view of the implications for national security, implicit in such a leaked document, he will establish a full inquiry into this incident; if he will outline the nature, powers, extent and make-up of personnel of such an investigation; and if he will make a statement on the matter.

I propose to take the five questions together.

A copy of a photocopied document which was handed over to a journalist by a person claiming to be a representative of the Provisional IRA has been made available to the Garda authorities. As the House will be aware by now, a senior Garda officer has been appointed to investigate allegations that the document in question is a copy of an internal Garda document.

I have been informed by the Commissioner that, on the face of it, the document appears to be an extract from a recent edition of a regularly produced internal Garda document on criminal matters known as Fógra Tóra. The edition in question, which dealt specifically with matters of a subversive nature, received appropriate circulation within the Garda Síochána at the beginning of the year and contained information on 46 persons wanted by the Garda Síochána in connection with murder and other serious crimes, some on warrant and others for interview.

The 46 persons are believed by the Garda Síochána to be members of subversive organisations or, at least, connected with such organisations. The edition of Fógra Tóra to which I refer contains details on 28 alleged members of the Provisional IRA, 11 alleged members of the Irish National Liberation Army, four alleged members of the Official IRA, one alleged member of Saor Éire and two persons believed to have Loyalist sympathies.

The Garda authorities have now specifically drawn the attention of the RUC to the fact that particulars concerning a person believed to have Loyalist sympathies are included in the document.

As the House will appreciate, it is essential that criminal intelligence and other information which is necessary in the investigation of serious crimes receive appropriate circulation within the Garda Síochána. It is also essential, of course, that such circulation be properly controlled and this poses certain difficulties when the fundamental purpose of circulating the information in the first place is the need to bring it to sufficient appropriate attention.

With this in mind, the senior Garda officer investigating this matter has been asked to produce recommendations about the procedures relating to the circulation and custody of such documents as well as investigating the possible criminal offences arising from the unauthorised possession of such documents in this particular case.

While fully acknowledging the seriousness of the situation which has given rise to the investigations now commenced, I do want to add that we in this House should not allow ourselves to be drawn into the trap of losing sight of the underlying reality here, which is the vicious and callous behaviour of the Provisional IRA in this whole matter. They have perpetrated a brutal murder — one of a long series of murders they have been responsible for. Their primary tactic in disclosing the fact that this document has come into their hands is to seek to draw a cloak of spurious legitimacy over that murder and try to direct attention from the fact that what has actually happened is that ruthless terrorists have arrogated to themselves the role of judge, jury and executioner on the basis that the victim was somebody whom the gardaí wanted to interview. These are the same people who would be first to claim the full protection of the rule of law and of the principle of innocent until proven guilty for their own members. It is sickening hypocrisy that at the same time they blatantly deny that protection to others day in and day out with the horrific consequences that we are all only too familiar with. Their secondary tactic in this matter is to try to make mischief for the Garda Síochána, and indirectly the Government, hoping thereby also to distract public attention and awareness from their murderous campaign.

I am confident that the House, side by side with its expression of understandable concern about the Garda investigation and what gave rise to it, will join with me in condemning in no uncertain terms the appalling deed which these murderers are now attempting to justify.

On behalf of my party I join with the Minister in adding our condemnation of the brutal acts of violence daily occurring on both sides in Northern Ireland. There is no suggestion of criticising in any way the excellent work of the Garda Síochána. Would the Minister agree that this is perhaps aimed at torpe-doing the forthcoming talks on Northern Ireland? Is it his opinion that this leakage took place via the security forces in Northern Ireland and not from any source connected with the Garda Síochána.

The secondary tactic of the Provisionals is to try to make mischief for the Garda Síochána and the Government, hoping to distract public attention and awareness from their murderous campaign. There are probably other side issues as well. Regarding the source of this document, it would be appropriate to wait for the very thorough, wide ranging and complete inquiry and investigation which will be carried out by a chief superintendent.

In agreeing entirely with the Minister in his comments with regard to the tactics and intent of the Provisional IRA and re-echoing his view that we cannot be deflected from the first base proposition of the callous murder of an innocent person by the Provisional IRA, is the Minister satisfied that the inquiry should be an internal one within the Garda Síochána or is there any point in suggesting that an independent source, such as a senior judicial person, or an expanded role of the Garda Complaints Board would be more appropriate for inquiring into these matters? Is the inquiry likely to be of a cross-Border nature in attempting to establish the source? Will the co-operation of the RUC be sought in the course of the investigation? Finally, does the Minister propose to make any recommendations to the chief superintendent in the course of the inquiry because it seems to many of us in this House and elsewhere that the circulation of this document, while necessary, appears to be on a wider basis than perhaps is good for security?

The basic allegation that an unauthorised person was in possession of an internal Garda document is on the face of it evidence of a criminal offence and it is necessary that such an allegation be investigated by the Garda Síochána. The wider implications of the allegation are matters which are relevant to internal Garda procedures and it is entirely appropriate that this matter be investigated by the Garda authorities. I am satisfied that the investigation which has been initiated by the Garda Commissioner will be thorough, wide ranging and complete, as I have already said, and they are the appropriate people to carry it out. The Garda Complaints Board, for example, would be totally inappropriate. As far as cross-Border co-operation is concerned, of course, the chief superintendent will accept and welcome information from whichever source that will help him in his inquiry into what is on the face of it a criminal matter.

We all agree with the condemnation of violence irrespective of what side it comes from. Will the Minister confirm whether the file referred to had been passed on to the RUC and if it had, will he be pressing the authorities in Northern Ireland to carry out a parallel investigation in their jurisdiction?

The circulation of Fógra Tóra is to the officers and stations of the Garda Síochána. A certain number of copies also go to the RUC because some of the people who are wanted could be on that side of the Border. Some copies also go to police forces around the world because they work in close co-operation in tackling terrorism from whatever source and in whatever country it comes from. We will welcome assistance from whatever source it comes in relation to the inquiry.

Does the Minister accept that incidents like this are a risk to the security of the State? Does the Minister accept his responsibility as Minister for Justice, and the responsibility of the Government, to see to it that confidential documents of this nature are not circulated in such a way that it can possibly be made available to subversives? Will the Minister accept his responsibility in seeing to it that the inquiry will be completed as quickly as possible? Will the Minister give us an assurance that if he is not satisfied that the inquiry is proceeding as quickly as he would like he will take a personal interest and see to it that other steps are taken to clearly clarify who is responsible in this instance?

Does the Minister accept that serious damage is done to the morale of the rank and file members of the Garda Síochána when the good name of the Garda Síochána is dragged into an incident like this? Does the Minister accept that the trust that has been built up between the Garda Síochána and the RUC in trying to deal with subversives and suppress terrorism can be seriously damaged if we are not prepared to face up to our responsibilities and deal with them quickly? Does he accept that the Minister and the Government should be seen to be to the forefront in ensuring that this incident is cleared up as quickly as possible?

I can assure the Deputy that on learning of a journalist from Derry being given a photocopy of this document I was involved immediately. The Commissioner nominated a chief superintendent from the Dublin region to commence an investigation into the matter. I treat this as a very serious matter but, of course, I must say to the Deputy that one should not over state the situation in relation to this being damaging to the good name of the Garda Síochána. The Garda Síochána are doing an excellent job across the country and all Members recognise this. With regard to the damage that can be done to the State by this incident, the Garda Síochána are there to protect the State. I can assure the Deputy, and the House, that the Government will make every resource available to them to come to a speedy conclusion of this investigation. However, it is important that we have a full, thorough and complete investigation. We do not want to have a rushed or incomplete investigation. It is essential to get to the bottom of this and whatever lessons learned from it will be taken on board and acted upon in relation to the security of documents.

The one thing the Deputy must remember in relation to this document and documents of this type, is that to be effective and bring about the effect for which they are designed, they have to have a wide circulation. I can give an assurance that whatever action is necessary on my part, I will take it on behalf of the Government and the people of the country.

I still have one Private Notice Question and I hope Deputy Enright's question will be the last supplementary question on this topic.

I join with the other speakers, and the Minister, in condemning the atrocities committed by the Provisional IRA throughout the length and breadth of Ireland and atrocities carried out by the Ulster Volunteer Force and other such groups. Is the Minister in a position to state the number of Garda and RUC personnel who would receive this document? Is it furnished to all stations? Will the Minister furnish us with that information? Will the results of this inquiry be made public? Will the Minister come before the House when the report of the inquiry is presented to him? Does the Minister intend to issue a directive to the Garda Commissioner to ensure that the maximum safety precautions for such a document are adhered to? That is essential. Finally, does the Minister support me in totally refuting and contradicting the statement made by the mid-Ulster MP, Rev. William McCrea that many Unionists have grave suspicions that collusion is rampant between the Garda Síochána and the IRA. I ask the Minister to refute that statement strongly, as I do. The Garda Síochána have made a wonderful effort and members have lost their lives in tackling the Provisional IRA. Such a slur on the Garda Síochána should not be allowed pass without being refuted.

I can assure the Deputy that the Commissioner is well aware of his responsibilities and carries them out to the letter in relation to the confidentiality of information in his possession. With regard to the publication of the report, as it will be a Garda report into what on the face of it is a criminal offence that element of the report will be private because it may go to the DPP but, eventually, it will be published. However, whatever recommendations in relation to the handling of such documents are made by the chief superintendent, I can assure the Deputy will be the subject of statements if appropriate. With regard to the good name of the Garda Síochána, we are very fortunate to have approximately 11,000 men and women working on our behalf on a 24-hour basis, 365 days of the year in close co-operation with the community. I have absolute confidence in the way they serve the people here.

This matter will be fully investigated by the chief superintendent and his backup team. I do not want to make any premature statements in relation to what may be his conclusions on the termination of this investigation.

The House will agree that we have had a comprehensive reply and very extensive questioning——

I want to ask one question which is pertinent to all of this. Before posing the question may I put on record——

The Deputy has not yet got permission to ask the question. If he gets permission he may pose the question. If the Deputy has a question I will agree reluctantly to hear it because normally Private Notice Questions are confined to those Deputies who initially place a question having been given permission to raise it.

This involves a neighbour of mine, a Leas-Cheann Comhairle.

I am afraid that such sensitivities are not part of the requirements of the Chair.

Before posing my question I would like to express my appreciation and offer the Minister my congratulations on the manner in which he dealt with this matter in his initial reply. I want to place on record that the Minister has my full support in this matter.

The one matter that appears to be annoying the family, particularly the father, as spokesman of the family, is that, while apparently this young man was wanted by the police force in Northern Ireland and by the Garda authorities here and crossed the Border between Castlefin and Castlederg very frequently, almost daily, when asked to produce his driving licence, which included his photograph, he was never arrested. This is puzzling his family enormously. Can the Minister say whether there is an explanation for that: if he was on the wanted list why was he not arrested?

I will bring the Deputy's remarks to the attention of the Garda authorities.

Deputy Rabbitte has been given permission to raise a Private Notice Question.

Mr. S. Barrett rose.

We have had two rounds of supplementary questions.

One final question. This is a rather unusual case and this is the only opportunity we have of raising the issue.

We have been discussing it now for 20 minutes and all the relevant information——

Surely the spokesperson for the Opposition is entitled to at least one further supplementary.

The Deputy had two assistants in that regard.

In view of the Brooke talks and the possible damage that incidents like these can do in terms of confidence on the part of various groups and of the manner in which they will be used by some people for the wrong purposes, can the Minister give us some indication as to when this inquiry is likely to be completed? For example, if it is not completed within a certain period, of say a week, will he please return to the House and tell us what further steps he proposes taking so that we can debate this matter in the interests of the nation as a whole and not allow people to achieve their sole aim which is to see the talks about to commence break down and to use every occasion to endeavour to drive a wedge between the two sides before they even commence talking to one another.

As I said in my initial response, I have no doubt but that part of the tactics of the Provisional IRA is to distract public attention from their activities, endeavouring to cause mischief for the Garda Síochána and the Government generally. I can assure the Deputy that any neutral observer, viewing the speed with which the Garda Commissioner acted in appointing a Chief Superintendent——

The Minister is not a neutral observer.

Would the Deputy have manners?

I will speak when I wish and I will not allow the Taoiseach to bully me.

Deputy Barrett, in relation to——

He, as Minister for Justice, and the Taoiseach are responsible; they are not neutral observers.

The Deputy is one of the most disorderly Deputies in the House. He should let the Minister answer.

Would the Taoiseach mind his own business?

I have no doubt the Deputy would share my view——

Deputy Barrett, could we——

(Interruptions.)

Deputy Barrett, if the Taoiseach is out of order the Chair will remind him just as he will remind the Deputy. Deputy Barrett is not allowed to interrupt and he knows that as well as I do.

May I say that any neutral observer, no matter in what part of the island they happen to live, will have seen the speed with which the Garda Commissioner appointed a Chief Superintendent, in a very unusual manner, to investigate this whole matter. As Minister for Justice I have given the House my assurance that this investigation will be thorough, wide-ranging and complete, which was what was required by one spokesman on behalf of one of the parties in Northern Ireland today. I can assure this House that, when that thorough and complete investigation has been finalised, whatever actions have to be taken will be taken. I can assure Deputy Barrett and others that we will not be distracted from doing our duty, whether as Minister for Justice, as a Government, as a Garda Commissioner or any ordinary garda protecting the rights of our citizens.

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