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Dáil Éireann debate -
Tuesday, 7 Mar 2000

Vol. 515 No. 6

Ceisteanna – Questions. Priority Questions. - Alleged Garda Misconduct.

Jim Higgins

Question:

1 Mr. Higgins (Mayo) asked the Minister for Justice, Equality and Law Reform the reason gardaí in County Donegal, who are the subject of an inquiry into alleged garda misconduct surrounding the planting of hoax bombs and interfering with arms finds and the mishandling of an investigation into the death of an individual, have not been transferred or suspended on pay pending finalisation of the inquiry by senior gardaí; and if he will make a statement on the matter. [6736/00]

I am informed by the Garda authorities that investigations led by an Assistant Commissioner into all aspects of the allegations are still continuing. This is a very complex investigation involving a number of allegations. The Garda authorities have informed me that, arising from the facts established to date, one member has been suspended. 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 cannot be any suggestion of his position impacting on the independence of the investigation. This should not, incidentally, be confused with disciplinary action.

The House will appreciate that there are obvious constraints on what I can say on the matter while the investigation is continuing. However, I have been advised by the Garda authorities that considerable progress has been made. The investigating team has been in consultation with the Director of Public Prosecutions and it is hopeful of finalising aspects of the investigation in the next six to eight weeks. Appropriate files will be submitted to the Director of Public Prosecutions.

(Mayo): Why were the gardaí, who were the subject of the investigation, not transferred to some other Garda station or suspended on pay? Given that they are still in situ in positions of authority, there is considerable disquiet about alleged intimidation and threats to people to withdraw their statements.

The power of suspension in any given case is vested in the Commissioner of the Garda Síochána and would normally arise where he believes it is warranted. The criterion normally used is that if an allegation was found to be correct, it would result in the dismissal of the individual concerned from the force. It is an operational matter for the Commissioner of the Garda Síochána, not one for the Minister for Justice, Equality and Law Reform nor one in which I may interfere.

With regard to the allegations that have been made, as I stated, an investigation is under way, which we anticipate should be completed in the next six to eight weeks, following which matters will be dealt with as appropriate.

(Mayo): There are two separate sets of circumstances under investigation, the mishandling of the murder inquiry when wrongful allegations were made against the McBrearty family and the planting of hoax bombs. Is that the entire scope of the investigation or are other matters under investigation?

This question is about the transfer or suspensions of gardaí not about the investigation.

(Mayo): They are related.

It would be wrong of me to prejudge any aspect of the investigation, and I am not prepared to do so. All I can do at this point is confirm to the Deputy that an investigation is taking place, the results are anticipated in the next six to eight weeks and any appropriate action required on foot of those investigations will be taken.

(Mayo): Is it the same group of gardaí that is being investigated about the two matters, the alleged planting of hoax bombs and the mishandling of the murder investigation? Will the Minister confirm reports in today's The Examiner that the gardaí who are the subject of the investigation are to be arrested shortly and charged? Will the Minister leave himself open to the possibility of setting up a full public inquiry to have this matter fully investigated to establish the full facts and to ensure we do not have a repeat of the nightmare to which these people have been subjected?

I will not prejudge the outcome of the inquiry, but the Garda is investigating a number of allegations made in respect of the behaviour of a certain number of gardaí in the Donegal division. These investigations relate to the method of the investigation of crime and include an allegation that bomb making material had been planted so the gardaí could claim credit for finding it and those allegations, as I told Deputy Higgins, are being investigated. I anticipate we should have the result of those inquiries in the next six to eight weeks. I assure the Deputy, without prejudging the issue or giving a commitment to a public or any other kind of inquiry, that the appropriate action will be taken at that point.

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