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Dáil Éireann debate -
Tuesday, 21 Oct 1997

Vol. 481 No. 7

Priority Questions. - Garda Investigations.

Jim Higgins

Question:

12 Mr. Higgins (Mayo) asked the Minister for Justice, Equality and Law Reform the circumstances, if any, in which a person (details supplied) from Slane, County Meath, was prevented from getting to a Garda station in County Louth to take samples in a drink-driving case; and if he will make a statement on the matter. [17054/97]

I am informed by the Garda authorities that the matter referred to by the Deputy is the subject of a Garda investigation. The Deputy will appreciate that, in the circumstances, it would be inappropriate for me to comment.

(Mayo): Would the Minister of State not agree that the so-called zero tolerance policy depends on quick, decisive and effective decisions? This case occurred on 13 September, over five weeks ago, and should have been wrapped up in 48 hours. A member of the public was arrested and brought to Dundalk Garda station. This individual attempted to contact his local Garda station. A doctor was called but was obstructed by a Garda checkpoint and turned back. He was asked to turn off his mobile telephone, not to respond until 4 o'clock and then to ring Dundalk Garda station and pretend he had a puncture. Eventually, the doctor had to get a Garda escort to Dundalk Garda station.

We still do not have a report on this serious matter. Is the Minister of State serious when she says that the Garda have still not concluded the investigation? When can we expect a full report on this extremely serious matter? It makes a total mockery of the concept of zero tolerance.

If these reports are factual this is quite a serious matter. I read this article and was extremely concerned. I was also concerned because I know the Slane area well and I was anxious to establish the facts. I have made as many inquiries as possible but at this point the Garda investigation is not concluded and, in the absence of such a conclusion, it is difficult to go into the details of the case. Perhaps not all the facts are before us. For example, the address I have obtained for the person detained was not a County Meath address. In essence, we are dealing with a newspaper report. I have endeavoured to establish the facts but in the absence of the full Garda report is it difficult to come forward with more information.

(Mayo): Surely the Minister of State has made contact with the members of the Garda carrying out the investigation? When can we expect the full report? When does the Minister of State expect to have that report on her desk? Would she not agree that it is very serious offence to obstruct a garda in the course of his duties? If an ordinary member of the public does so, he or she is charged and, invariably, there is a jail sentence. In this case, members of the Garda Siochána obstructed other members of the force in the execution of their duties. We have had a protracted, inconclusive, ongoing inquiry for five weeks and no action has been taken. The facts of this case are known and the members of the force in question should be given their P45s and dispensed with.

This case is the subject of an internal, in-depth investigation. Before we jump to any conclusions it is important that we have all the facts. Every effort is being made to ensure that those facts are before us and a report has been requested as a matter of urgency. I cannot give a date for the receipt of that report but such an occurrence would be serious. I was as concerned as the Deputy on reading the strong reports in the newspapers regarding it. I know the concern is genuine and as soon as the report is received it will be given immediate attention by the Department. The businessman was not from Slane, County Meath, and did not give such an address. It is a serious matter and an indepth investigation is being undertaken.

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