Vol. 531 No. 5
1 Mr. Shatter asked the Minister for Justice, Equality and Law Reform if all investigations into allegations of Garda misconduct in County Donegal are complete; if any members of the Garda Síochána under such investigation are suspended; and if prosecutions have been initiated as a consequence of the investigations conducted. [6302/01]
This matter has been raised on a number of occasions in the Dáil, most recently on 7 February, and I have always endeavoured to provide as much information as possible. In doing so again, I must emphasise that I am constrained by a number of factors. I ask Deputies to be equally mindful of these factors as they have been on any occasion this matter has been raised.
This is a complex matter and a number of issues have yet to be resolved. A number of civil actions have been initiated: the Director of Public Prosecutions is examining the question of criminal proceedings in a number of cases; complaints have been lodged with the Garda Síochána Complaints Board; and the question of possible disciplinary action against members of the Garda Síochána may have to be considered by the commissioner.
All these factors place an onus on us to be careful in what we may say about the matter in hand. It is essential that the truth of the matter is determined and that, in this process, the rights of all concerned are upheld and vindicated. We must be careful not to prejudice proceedings which may arise from the matter in question.
Deputies will be aware that the question of criminal prosecutions is a matter solely for the Director of Public Prosecutions and that I, as Minister for Justice, Equality and Law Reform, have no role in the prosecution of individuals for criminal offences. It would be inappropriate for me to make any comment in this regard and, accordingly, I do not propose to do so.
I am aware, however, that this matter has been the subject of ongoing speculation and that various reports appeared in the media over the weekend. For the reasons advanced, this speculation is not helpful. For our part, as Members of this House, we should be careful not to add to the speculation about the case and, accordingly, I do not intend to make any further comment in this respect except to say that, as the matter is still being considered by the Director of Public Prosecutions, nobody has been charged to date arising from the investigation in question.
In addition to the investigation conducted by Assistant Commissioner Carty, two other investigations relating to County Donegal were initiated. One, conducted by Assistant Commissioner Murphy, relates to matters raised by the then Opposition spokesmen on justice and the other investigation, conducted by a chief superintendent relates to a matter raised by a member of the Garda Síochána in County Donegal concerning the original investigation. The results of these investigations are still awaited.
The Deputy asked if any member of the Garda Síochána has been suspended in relation to the investigation. I am informed by the Garda authorities that one member was suspended in 1999 and remains on suspension.
It is a matter of great concern that individual members of the Garda Síochána might have been 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.
Does the Minister accept that it is in both the public interest and the interest of gardaí that the ongoing investigations be brought to a conclusion and that whatever steps are required as a consequence be taken without delay? Does the Minister acknowledge that the uncertainty surrounding these matters has cast a cloud over the integrity of members of the force in the Donegal area and that this is unfair to the vast majority of the force who do their jobs in a proper manner? When will the two outstanding investigations be completed? Does the Minister acknowledge that it is time those investigations yielded some kind of result or report?
I agree that it is in the public interest that the matter be brought to conclusion and that the necessary steps be taken. The allegations have left a cloud hanging over certain members of the Garda in County Donegal. We hope to resolve that matter at the earliest possible opportunity. I concur with the Deputy's statement that the vast majority of gardaí go about their business with the greatest integrity. I am still awaiting the two final reports which I hope to receive in the near future.
Does the Minister agree that in the absence of detailed information being provided for this House further media speculation is inevitable? That speculation is damaging members of the force and undermining public confidence in the Garda. Does the Minister agree that it is in the public interest to ensure that if anyone is found guilty of wrongdoing, it will be speedily addressed? Although I acknowledge that it is not the Minister's responsibility, it is time decisions were made as to whether people should be prosecuted. Have any internal Garda disciplinary procedures commenced with regard to any of the allegations? Will the Minister explain the reason his Department, having decided to release papers under the Freedom of Information Act to the McBrierty family on the tragic death of Richard Barron subsequently had a change of mind, failed to release the papers, but was subsequently required by the Information Commissioner to implement its original decision? Will the Minister explain the rationale behind his Department's approach to this particular aspect of the County Donegal investigation?
The time allocated for this question has expired. I will allow the Minister to make a brief reply.
A considerable number of allegations have been made, all of which are being thoroughly investigated by the Garda Síochána. It would take considerable time to reply to the Deputy's question about the freedom of information request, but I will forward the information to him.
