Vol. 515 No. 6
11 Mr. S. Ryan asked the Minister for Justice, Equality and Law Reform the position regarding the investigation being carried out by senior Garda personnel into allegations of serious wrongdoings by members of the Garda in County Donegal; when the investigations will be complete; and if he will make a statement on the matter. [6859/00]
I am informed by the Garda authorities that investigations led by an Assistant Commissioner into all aspects of the allegations are ongoing. This is a very complex investigation involving a number of allegations. The House will appreciate that there are obvious constraints on what I can say on the matter while the investigation is continuing.
This is the same answer.
I have been advised, however, by the Garda authorities that considerable progress has been made. The investigation team has been in consultation with the Director of Public Prosecutions and is hopeful of finalising aspects of the investigation within the next six to eight weeks. Where appropriate files will be submitted to the DPP.
Deputy Howlin has pointed out that this is the same answer, and he is correct. The rules of the House, however, are that I may not deal with two questions together when one question is a Priority Question. Therefore, if there is an objection to the fact that a similar answer was given to this question as was given to the Priority Question, I suggest Deputy Howlin take it up with the Deputy who tabled the question.
It is a different question and I am surprised that the answer is identical, to the best of my memory – obviously I do not have a photographic memory. Will the report of the investigation which the Minister said will be concluded within six weeks be made public?
I said six to eight weeks. I will have to reserve my position on that until such time as I have the report. My view is that it is far more desirable that we have a transparent and open system in so far as we possibly can. On the other hand, in relation to reports such as this, it may not be possible to publish the report as doing so might impinge on a subsequent court case. I will not know until I see the report.
Will the Minister agree that it is essential, given that some of the allegations in these cases will amount to some of the most serious ever made about public servants in the State, that the report be made public? Will the Minister give a clear indication that subject only to the clear advice of the DPP it would impinge on criminal prosecution, that it will be published, and that it will be referred to the Committee on Justice, Equality, Defence and Women's Rights for detailed analysis and investigation?
If the legal advice available to me is that I may publish the report, I am disposed towards doing so.
Will the Minister publish the complete terms of reference of the investigation team as there are a number of matters involved, some of which may not be encompassed by the terms of reference but which might come to light during the course of the investigation so that all the facts are on public record? Does the Minister agree that the matter should be referred in due course to the Committee on Justice, Equality, Defence and Women's Rights?
I will not give specific commitments in that respect as I may be giving a hostage to fortune, something I am not prepared to do. The issue is under the command of an Assistant Commissioner who in turn reports to the Commissioner. As such the matter is being investigated by the Garda and the Deputy will appreciate that it is almost impossible for me to give the commitments he is requesting.
I wish to ask a further brief supplementary question as I regard this as probably the most serious matter we will discuss on Question Time with the Minister for a very long time. Given that the allegations are against members of the Garda, the investigation is being carried out by the Garda and the report is to be made to the Garda, surely the Minister has an absolute obligation to ensure nobody will exclusively judge their own cause and that there will be a full reporting in public on all these matters so that not a scintilla of a question can remain when a conclusion is reached.
I am determined that there will be no scintilla of doubt about justice being done in this matter. Clearly, prosecution is a matter for the DPP who is independent in the exercise of his functions. I have little doubt but that the DPP will be prepared to take prosecutions if necessary on foot of any report made available to him. The fact that the Garda is investigating this matter should not indicate that there will be anything but the highest integrity in terms of the investigation. Assistant Commissioner Carty, who is investigating the matter, is a man of the very highest quality, as will be testified to by anybody who knows him. I am quite satisfied and confident that the report he will make available will be independent, that there will be no smokescreens and that all the truth will be seen.
Deputy Higgins referred to what should be done following the report and I indicated that whatever action is appropriate will be taken.
(Mayo): Given that one of the allegations concerns the planting of hoax bombs across the Border, has the investigating team been in contact or had meetings or dialogue with the RUC?
The nature of the investigation should be avoided. The specific question relates to when the investigation will be completed and I do not think we should discuss the nature of the investigation.
(Mayo): If the Minister wants to give the House the information, maybe he should be allowed do so.
I accept the ruling of the Ceann Comhairle in this respect. The Commissioner has informed me that all necessary inquiries are being made in relation to the matter, including contact with the RUC, which is the practice when dealing with Border issues.
