I propose to take Questions Nos. 3 and 4 together.
I welcome this opportunity to update the House regarding the investigation of allegations against certain members of the Garda Síochána in County Donegal. Deputies have raised a large number of issues in their questions and I shall try to address them as far as possible.
It is my desire to give a comprehensive account. However, I am constrained by a number of factors. This is a complex matter and a number of issues have yet to be resolved. Six civil actions have already been initiated arising from this case, the Director of Public Prosecutions is examining the question of criminal proceedings in a number of cases, complaints have been made to the Garda Complaints Board and the commissioner will have to consider the question of possible disciplinary action against certain members of the force. I, and indeed Deputies on both sides of the House, have to be careful that we say nothing in the House or outside it that might prejudice related proceedings or unfairly infringe on the rights of individuals.
As the House will be aware, some time ago the commissioner appointed assistant commissioner, Mr. Carty, to examine the handling of the original investigation carried out into the death of Mr. Richard Barron whose body was found on a roadside in Raphoe, County Donegal, in the early hours of 14 October 1996. The assistant commissioner was appointed to conduct this investigation following allegations and concern expressed about the handling of the initial investigation into the death of Mr. Barron. We should not lose sight of the fact that the circumstances surrounding the death of Mr. Barron, who died as the result of head injuries, have not yet been resolved and this is a cause of serious concern, most especially for his family and friends. I express my deepest sympathy to them. The gardaí are continuing to pursue their investigation into Mr. Barron's death.
The investigation by the assistant commissioner turned out to be extremely complex and involved a number of different strands. It may help Deputies to appreciate the depth and complexity of the investigation when I tell them that I understand that more than 1,000 statements were taken in the course of the investigation.
Three main issues were addressed in the investigation, the investigation into Mr. Barron's death and the role of various gardaí in that investigation, allegations of harassment amounting to criminal behaviour and allegations that certain gardaí were involved in "hoax" bomb-making equipment finds.
The assistant commissioner recently completed his investigation and a file in the matter was forwarded to the Director of Public Prosecutions whose directions are awaited. Deputies will be aware that the question of criminal prosecutions is a matter solely for the Director of Public Prosecutions to determine. He is by law independent in the exercise of his functions. I should add that, in addition to determining what criminal prosecutions should take place, the Director of Public Prosecutions will also have responsibility in the first instance for addressing the question of, to use Deputy Shatter's phrase, "the possibility of miscarriages of justice", if that matter arises.
I, as Minister for Justice, Equality and Law Reform, have no role in the prosecution of individuals for criminal offences and it would be totally inappropriate for me, at this stage, to make any comment on past or possible future prosecutions.
Obviously it is a matter of great concern that individual members of the Garda Síochána might be implicated in wrongdoing. It is essential for the reputation of the force that any alleged wrongdoing by members are investigated thoroughly and, if well founded, appropriate disciplinary or criminal proceedings should be initiated. However, I remind the House that individuals have a constitutional right to the protection of their good name. An integral part of our justice system is the presumption of innocence and the right to due process. I will not be party to any attempt to breach those rights by arbitrarily condemning individuals or trying to prejudge the outcome of proceedings. The House has to respect the rights of all individuals.
The commissioner, who has responsibility for the control and direction of the Garda Síochána, including discipline, is fully addressing the issues that arise in the context of the Donegal investigation.
In addition to the investigation carried out by the assistant commissioner, Mr. Carty, and the possible criminal prosecutions arising from that, there are two other investigations under way.
Before the summer recess, I was approached by the two Opposition spokesmen on justice who gave me certain information. I met the commissioner and conveyed the information to him. As a result, assistant commissioner, Mr. Murphy, was instructed to carry out an investigation. I understand that he has interviewed both Deputies. His investigation is proceeding and I understand that it will be completed shortly.
The commissioner has also appointed a chief superintendent to investigate a related matter raised by a member of the Garda Síochána in Donegal concerning the original investigation.
I have received a report of the investigation by assistant commissioner, Mr. Carty, from the Garda Commissioner. As I previously mentioned, the investigation into the death of Mr. Barron is continuing under the supervision of an assistant commissioner.
As regards the transfer of members of the Garda Síochána in the Donegal division, I am informed by the Garda authorities that when the commissioner received the report of the assistant commissioner on the allegations in question he decided, in the best interests of the public and the Garda Síochána, to transfer a number of personnel. This is a matter of public record and there is nothing further I can usefully add. The transfers will not in any way affect this investigation into all aspects of the matter or preclude further action which might be necessary.
The question of the alleged tapping of phones has also been raised by way of complaint by the Law Society and the Bar Council. In this regard, I am informed by the Garda authorities that they have been in contact with the solicitors in question requesting clarification on a number of matters. I understand that a reply to this correspondence is awaited.
I should also point out that under the Interception of Postal Packets and Telecommunications Messages (Regulation) Act, 1993, which provides for the lawful interception of postal packets and telecommunications, there is a complaints referee who examines complaints of alleged contraventions of the Act. The Bar Council and the Law Society have been advised that it is open to their members, if they consider that there may have been a contravention of the legislation, to apply to the complaints referee for an investigation into the matter.
Additional Information.
To summarise, a considerable number of allegations have been made, all the allegations have been or are being investigated thoroughly by the Garda Síochána, the investigation by assistant commissioner, Mr. Carty, has been completed and we are now awaiting the decision of the Director of Public Prosecutions as regards criminal proceedings, the two other investigations by assistant commissioner, Mr. Murphy, and a chief superintendent are ongoing, the investigation into the death of Mr. Barron is continuing and the commissioner, in the best interests of the public and the Garda Síochána, has directed the transfer of a number of personnel.
The allegations are being seriously addressed and much progress has been made. I have endeavoured to update the House regarding the action taken to date in respect of the allegations in question and I will continue to keep the House informed of important developments in the case.
