Skip to main content
Normal View

Dáil Éireann debate -
Thursday, 7 May 1992

Vol. 419 No. 3

Written Answers. - Nicky Kelly Case.

Roger T. Garland

Question:

16 Mr. Garland asked the Minister for Justice if, in regard to the Nickey Kelly case he will outline, (1) whether he or his Department intend to institute an inquiry public or otherwise, (2) if he or his Department have taken, or intend to take, any action against any members of the Garda Síochána, past or present and (3) if not, the reason therefore, and if he will make a statement on the matter.

The question of holding a further inquiry into this case was considered recently by the Government in conjunction with the decision to grant a pardon to Mr. Kelly. The Government had before them the advice of both the Attorney General and the Director of Public Prosecutions that any further inquiry into the circumstances of the case would be unlikely to produce any clearer resolution of the issues involved. The Government accepted that advice coming as it did from the law officers who had concluded a full review of the case and who were best placed to judge whether an inquiry would or would not produce results. The Government certainly do not consider that it would be in the public interest to initiate a costly and time-consuming inquiry which would leave us no wiser than before.

That is not to say that nothing has been or is being done to protect the rights of the individual in custody and to safeguard the Gardai against false allegations made by persons in custody. The Criminal Justice Act, 1984 and the regulations on the treatment of persons in custody made under that Act introduced many new safeguards, including new procedures for interviewing persons in Garda custody. In addition the Garda Síochána Complaints Act, 1986 introduced comprehensive arrangements for the investigation and adjudication of complaints made by the public about the comduct of members of the Garda Síochána. The Martin Committee has also recommended further additional safeguards, including a recommendation that audiovisual recording of questioning be introduced. I expect to be in a position to bring recommendations on this matter before the Government in the near future. As regards formalised arrangments for dealing with alleged miscarriages of justice, it is the Government's intention that the necessary legislation will be introduced in the Dáil next autumn. I would also draw attention to the statement in the Martin Committee report that "submissions received from practitioners, and in particular defence practitioners, are unanimous to the effect that the coming into force of the Regulations on the Treatment of Persons in Custody in Garda Stations, coupled with the setting up of the Garda Complaint Board, has resulted in the virtual disappearance of complaints of physical ill-treatment or threats of violence".
With regard to the second part of the question, the taking of action against any serving or retired member of the Garda Síochána in connection with this case would not be a matter for me or my Department. I might add that the Director of Public Prosecutions in communicating his views to the Attorney General made it known that in his opinion there are no grounds for bringing proceedings against any member or former member of the Force. This is a matter in which the Director of Public Prosecutions has sole discretion. The Director is completely independent in the discharge of his duties and functions and neither the Government nor I as Minister for Justice have any role in the matter.
Top
Share