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Dáil Éireann debate -
Wednesday, 5 May 1999

Vol. 504 No. 2

Priority Questions. - Garda Investigations.

Jim Higgins

Question:

32 Mr. Higgins (Mayo) asked the Minister for Justice, Equality and Law Reform if he will give details of the Garda inquiry into allegations against senior members of the force in County Donegal (details supplied); if any members of the force have been disciplined or transferred as a result of the allegations; and if he will make a statement on the matter. [11497/99]

I am informed by the Garda authorities that a number of allegations have been received about the behaviour of members of the Garda Síochána in the Donegal division. These relate to the method of the investigation of crime, including an allegation that bomb making material had been planted so the Garda could claim credit for finding it.

I am informed by the Commissioner that he has appointed an assistant commissioner to investigate all aspects of these allegations. A file will be submitted to the Director of Public Prosecutions, if appropriate, when this is completed. The question of disciplinary action is a matter for the Commissioner and will be considered, as appropriate, when the investigation is completed.

I can inform the Deputy that I have also been informed by the Garda authorities that, at this stage, disciplinary action has not been taken against members of the Force arising from these allegations. This, as I have said, will be determined by the Commissioner upon completion of the investigation. While the investigation is ongoing, it would be inappropriate for me to go into detail in relation to any particular aspect of it.

I am informed by the Garda authorities that a Garda superintendent has moved voluntarily from the divisional headquarters to a district headquarters in Donegal for the duration of the investigation. The purpose of this was to avoid any suggestion that his continuing to remain at divisional headquarters, and acting as chief super intendent, had impacted on the independence of the investigation.

(Mayo): When did this matter first come to the attention of the chief superintendent of the Garda Síochána in Donegal? What action was taken at that point?

As the Deputy is aware, there is a limit to what I or anyone else can say about an investigation which is being carried out by the Garda authorities. I cannot predict what will be the findings of the investigation and, in those circumstances, I am sure Deputy Higgins will accept that I must adhere to the facts.

As already stated, I have been informed by the Garda authorities that a number of allegations have been received about the behaviour of members of the Garda Síochána in the Donegal division. These relate to the method of the investigation of crime, including an allegation that bomb making material had been planted so the Garda could claim credit for finding it. These allegations are being investigated. It would be best if we awaited the outcome of the Garda investigation before drawing any firm conclusions on this matter.

(Mayo): Apropos the Minister's confirmation that the hoax bomb alerts and allegations seem to be the subject matter of the main investigation, will he confirm whether the investigation encompasses allegations against members of this cohort of the Garda Síochána in respect of attempts to frame two members of a particular family for the murder of a Donegal man?

It is difficult for me to discuss this matter in great detail because of the fact that the investigation is ongoing. I have been informed by the Commissioner that all necessary inquiries are being made. As is the practice with cross-Border issues, these inquiries include contact with the RUC. For reasons which are well known to the Deputy, it would not be appropriate for me to divulge all of the information pertaining to the investigation.

(Mayo): Does the alleged attempted framing of two members of a Donegal family for the murder of a Donegal man, Richie Barnes, come within the scope of the current investigation? Does the Minister share my concerns about the damage allegations of this nature can do to the reputation of the Garda Síochána in Donegal, members of which endured the brunt of the pressure which arose during the Troubles and secured the Border effectively from 1970 until the most recent ceasefire? Does he share the concern of the general public and that of the House in respect of the damage done to the reputation of the Garda Síochána by the tiny group allegedly involved in both of these affairs?

I am informed by the Commissioner that disciplinary action has not been taken against members of the Force arising from these allegations. Such action will be determined by the Commissioner upon completion of the investigation. As already stated, a Garda superintendent has moved voluntarily from the divisional headquarters to a district headquarters in Donegal for the duration of the investigation so that there can be no suggestion that his remaining, or the fact that, from time to time, he would act as chief superintendent at divisional headquarters, would impact on the independence of the investigation. I do not want this to be confused with disciplinary action.

I am sure Deputy Higgins is not suggesting that action should be taken in regard to the matter until such time as the investigation has been concluded. A total of six people have indicated their intention to institute proceedings.

We must now proceed to Question No. 33.

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