Thomas P. Broughan
Question:9 Mr. Broughan asked the Minister for Justice if, in view of the difficulties experienced by a person (details supplied) in Dublin 17, she intends amending the Garda Complaints Act.
Ceisteanna—Questions. Oral Answers. - Garda Complaints Legislation.
Thomas P. Broughan
Question:47 Mr. Broughan asked the Minister for Justice if, in view of the difficulties experienced by a person (details supplied) in Dublin 17, she intends amending the Garda Complaints Act.
I propose to take questions Nos. 9 and 47 together.
The outcome of the Garda Síochána Complaints Board's consideration of individual complaints may from time to time not satisfy individual complainants. I have no function in relation to individual complaints, as the board is an independent statutory authority and, if it is to perform its functions effectively, should remain so.
With regard to the operation of the board generally, the Garda Síochána (Complaints) Act, 1986, provides that the board submits triennial reports on the working of the system of investigation and adjudication of complaints. The board, in its triennial report 1987-1989, stated that it was satisfied that the Complaints Act was basically sound and provided an adequate legislative basis for the proper investigation and adjudication of complaints. The board's second triennial report is due this year. I will, of course, consider the operation of the system on receipt of this report.
Would the Minister agree it is vital that communities have absolute confidence in the Garda, particulary in light of the famous Fairbrother case, which was first raised in this House a number of years ago, and that mis-behaviour by even a single garda can have dire consequences for the policing of a whole area? In this regard a constituent of mine, Peter McGarry of 339 Bunratty Road, Coolock——
That is not appropriate to supplementary questions.
Would the Minister regard it as serious that this person alleges he was illegally detained, was not given form C72/S and was beaten by a garda? I stress that this did not occur in Coolock Garda station.
I am sorry, Deputy, we are talking about a supplementary question, not about——
I am raising a certain point in relation to the Garda Complaints Board. In this instance and in other cases is it appropriate that an investigating officer would concentrate on the alleged original crime rather than on the complaint? Is it appropriate that perhaps an earlier minor record of a complainant should be brought up and made a feature of the investigation and that various further allegations made about the procedure by the complainant, such as the fact that a doctor whom he had never seen appeared at the trial and professed to be his examining doctor——
The Deputy is totally out of order. I would ask him to conclude now.
In view of what the Minister said, what recourse does the citizen have in making an appeal where there are serious allegations of this nature?
I agree with Deputy Broughan that it is vital that the community at large should have confidence in the Garda Síochána and that where complaints are made against members there is a complaints procedure whereby a member of the public can go to the complaints board. It is also vital that the complaints board should be independent and should be able to adjudicate on complaints without ministerial or political interference. I do not have a role in relation to complaints and I do not wish to comment on the complaint made by the Deputy on behalf of his constituent.
Will the Minister consider introducing legislation in this area as this is one of a number of cases which has been referred to the Minister?
The Garda Complaints Board produces triennial reports. The next one is due during the summer. I am satisfied that the board up to now feels that the powers it has are sufficient and therefore I do not have any legislative proposals in this regard.