Dáil Éireann debate -
Tuesday, 13 May 2003

Vol. 566 No. 3

Written Answers. - Garda Investigations.

Jack Wall

Question:

137 Mr. Wall asked the Minister for Justice, Equality and Law Reform the action he has taken or intends to take on foot of the report received from the Garda Commission into the treatment of two persons (details supplied) arrested in Grafton Street in April 1998 who received an apology and undisclosed damages in a settlement announced in the High Court on 12 July 2002; and if he will make a statement on the matter. [12800/03]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

As the question itself notes, the State settled the case taken against it by the two persons concerned, paid damages, and in a statement in court expressed regret at what had happened and accepted that the persons concerned were of unblemished character.

The Garda Commissioner has concluded his examination of the incident and the subsequent handling of the case and, while he does not propose to initiate disciplinary proceedings, particularly taking into account the lapse of time and the retirement of certain Garda personnel, his report accepts that the subsequent handling of this incident by members of the Garda Síochána left a lot to be desired. It is, of course, a matter for the commissioner to initiate such proceedings – I do not have a discretion to do so.

Perhaps the aspect of this case, apart from the original incident, where there is a conflict of accounts, that could most give rise to concern in people's minds is a perception of a potential conflict of interest in circumstances where a garda is involved in initiating a prosecution against a person for an assault on him or her, and that this is all the more so where that person has made a complaint against that garda. Most people would see such a situation, no matter what the facts, as inherently unsatisfactory, as I do.

On this point, and arising from the investigation into this case, a directive has been issued by the Assistant Commissioner in the Dublin metropolitan region requiring that, in any case of alleged assault on a garda, an independent member of at least sergeant rank should prepare the subsequent file. Supervisors will ensure that any charges are correct and adequately reflect the circumstances of the alleged assault. The completed file is to be submitted for the information and directions of the district officer, who in appropriate cases is to submit the file to the Director of Public Prosecutions. Emphasis has also been placed on the importance of dealing promptly and professionally with all correspondence involving such cases. I should explain here that the system outside the Dublin Metropolitan Region is different and already provides for independent scrutiny of proposed prosecutions, usually at superintendent level.

I believe that this is a welcome procedural safeguard to ensure the appropriateness and correctness of charges in circumstances where there could otherwise be a perception of a potential conflict of interest. In addition, and in a development which should further address any such concerns, consultation is now under way between the Office of the Director of Public Prosecutions and the Garda authorities in relation to procedures for prosecutions for assault on members of the force.

This was a very regrettable case, and many people may well consider the outcome, taking everything together, to be unsatisfactory. I hope, however, that lessons have been drawn and procedures put in place to ensure that any such case in the future is dealt with in a proper and professional manner.