Written Answers. - Complaints against Garda Síochána.
Máirín Quill
Question:
47
Miss Quill
asked the
Minister for Justice,
arising from the figures in the Garda Complaints Board annual report which indicated that the majority of complaints made to the board are vexatious and without foundation, if she intends to change the law in order that a sanction will apply to such vexatious or unfounded claims in order to vindicate the good name of the Garda Síochána; and if she will make a statement on the matter.
It is not correct to say that the figures in the Garda Complaints Board annual report indicate that the majority of complaints made to the Board are vexatious and without foundation. The Board's report for 1992 showed that 178 complaints out of 1,030 dealt with by the Board that year were considered to be frivolous or vexatious and were inadmissible as such.
The Deputy may be referring to the number of complaints which were withdrawn, deemed to have been withdrawn or deemed not admissible. These categories, however, cannot be regarded as containing only complaints which are vexatious and without foundation. The reasons complainants withdraw complaints are generally known only to themselves. The inadmissible category, which comprises complaints which did not comply with the requirements of the Garda Síochána (Complaints) Act, 1986, includes, for example, complaints which were not made within six months of the incident complained of or complaints where the complainant was not directly affected by or did not witness the incident.
Of the 4,923 complaints received by the Board since its establishment on 6 April, 1987 to 31 December 1992, 750, or approximately 15 per cent, were deemed frivolous or vexatious. The 1993 figures will not be available until the annual report for that year is published later this year.
There is already statutory provision in section 12 of the Criminal Law Act, 1976, which makes it an offence to make, knowingly, a false report or statement tending to show that an offence has been committed. A complainant, therefore, who, for example, falsely accuses a member of the Garda Síochána of assaulting him is already liable to criminal sanction.
In its first triennial report, covering the years 1987 to 1989, the Garda Síochána Complaints Board considered the question of further criminalisation of vexatious complaints but did not recommend an amendment of the Act to introduce penalties in such cases. The Board felt that further criminalisation might deter more genuine complainants than truly malicious ones. Furthermore, the Board felt that the effect on the admissibility of complaints could be the opposite to what was intended in that, if decisions to refuse to admit complaints were likely to be used as a foundation for criminal prosecutions, the Board and its Chief Executive would be obliged to admit all such complaints unless satisfied beyond any reasonable doubt that they were vexatious.
The Board stated in its 1992 annual report that it would address the question of frivolous and vexatious complaints in its triennial report later this year.
I will consider carefully any further recommendations which the Board may choose to make in this matter.
