Dáil Éireann debate -
Wednesday, 12 Nov 2003

Vol. 574 No. 2

Garda Complaints Procedures.

Mr. Costello

Having listened to the Minister, I am sure the Prison Officers Association will say, "Yes, Minister".

I raise a serious matter here tonight. In the Ballinspittle area of County Cork Mr. Frank Collins has been on hunger strike since 10 September, 63 days. He was on hunger strikes previously, the longest of which lasted 33 days. He now consumes nothing other than Diet 7-Up and he is determined this time to see it through to the end.

A considerable series of offences act as a background to this case. Undoubtedly, it is difficult to deal with this man in many ways. All the offences, as far as I can gather, are road traffic type offences which were dealt with in one form or another. Fines were mitigated eventually to €500. It is not really a matter of great seriousness in terms of the offences involved which has brought about this action. The offences are not serious in comparison with the danger of a man dying.

The man feels aggrieved that his complaints, particularly regarding Garda treatment and harassment allegations he made, have not been dealt with seriously or in a satisfactory manner by the Garda Complaints Board. He is also particularly aggrieved that an investigation of incest was instigated against him. He has the following obsession at this point in time, that he has not received justice, no proper investigation took place, he is being harassed by the Garda, and he requires something substantial before he can come off the hunger strike.

It seems that one solution would be that the Minister would intervene in the matter. That would be the ideal solution. Failing that, it seems he is determined to remain on hunger strike unless there is some commitment to an independent inquiry. I am sure the format that might take could be subject to some negotiation. His good friend, Mr. Edmund Butler, has been in considerable communication with various Ministers and Departments, both locally in the Cork area and, over the period of time, with the Minister – no doubt Mr. Butler would be a possible broker in this regard. Something would be required, however, in the present stalemate to avoid a tragedy, which could very well be the outcome of this hunger strike.

I hope the Minister has some positive response on which we could build. It might be possible to bring some officer of the court into the picture, and there could be some acknowledgement by the Minister that the case would be looked at afresh and that some level of inquiry could be put in place. That could be communicated to the man, in consultation with his friend or friends, and we could try to get the matter resolved as quickly as possible.

Mr. McDowell

I thank the Deputy for raising this matter on the Adjournment. I am aware of this disturbing case. Tonight is not the first time it has been drawn to my attention. I have been aware of it, and following it closely, for a number of weeks.

I am extremely concerned at reports that the person to whom the Deputy refers has been maintaining a hunger strike for such a lengthy period. I would urge all persons connected with this man to make every effort to persuade him to abandon, and not to pursue, this course of action given the severe consequences it may have for his health and the threat that it obviously poses to his very life.

This most recent protest by the person in question follows a number of such protests over approximately the past three years. These protests have generally taken the form of hunger strikes and are, I understand, in response to alleged unfair treatment and harassment of him by a number of agencies, including, but not exclusively by any means, the Garda Síochána. Those allegations go back over a protracted period of time.

During one of those protests a number of years ago, an official from my Department personally arranged to visit the man in question with the object of persuading him to have regard for his own safety and health, and following that meeting the person in question came off his hunger strike.

On another occasion, in 2001, the person in question embarked on a further hunger strike which he ended following the intervention of an assistant commissioner of the Garda Síochána who undertook to inquire into the concerns that were central to his discontent and his protest.

That inquiry, into wide-ranging allegations against many serving and retired members of the Garda Síochána, as well as staff and officials of Cork County Council, members of the legal profession and members of the Judiciary in Cork, concluded that there was no credible evidence to support and sustain his allegations.

I am sure the Deputy will appreciate that it would be inappropriate for me to disclose in the House details of the person's history of engagement with the courts and other agencies over a protracted period of time, but I do not accept the accuracy of the pen sketch of which the Deputy, obviously in good faith, has spoken. I appreciate that the Deputy must go on that available to him, but a different picture is evident on another view of the matter.

The Deputy will appreciate that because of the separation of powers it is not possible for me, as Minister, to attempt to influence or second-guess the courts in the way they exercise their functions. In these circumstances, I very much regret that I am not in a position to offer this person any assistance where he is dissatisfied with the outcome of court proceedings.

On his perceived difficulties with the Garda, I also understand that he has made a number of complaints to the Garda Síochána Complaints Board, which is currently the appropriate body to deal with such matters. I am specifically precluded from intervening in complaints under the Complaints Board Act 1986, but I understand that he also contacted the Garda Commissioner and that the Garda authorities have conducted an extensive examination of all the issues of concern. Unfortunately the individual in question has been reluctant to interact with the Garda in its attempts to address his grievances.

I am aware that the person's doctor and the Southern Health Board authorities are monitoring the situation.

There is no doubt it is a very difficult case and it would be irresponsible of me to make some commitment, which in reality is not open to me. For my part, I would be prepared personally to consider fully any points which Deputy Costello – or any other person acting on behalf of the person in question – wishes to bring to my attention, but I cannot commit to more than that.

I thank Deputy Costello for raising this matter in the Dáil. There are occasions when the job I have is hard, and these are the kind of occasions when it is particularly hard. In the circumstances – there have been a number of inquiries, the Garda Síochána Complaints Board undertook to examine some of his complaints but not others, and I understand the person in question was not content for it to do that – he insisted that all of his complaints would have to be examined, or none.

I would ask Deputy Costello, the intermediary to whom he referred and other members of the European Parliament and this Dáil who have contacted me about this man, to intercede with him to give up the hunger strike, to end the danger to himself, to put his own life out of danger and to conserve his own health. If Deputy Costello wants me to look at any particular material which is new or which changes the situation, or of which he thinks I should know, I will be only too happy to do that but I cannot intervene in a way which has the effect of setting aside the rule of law in this case.

The Dáil adjourned at 9.50 p.m. until 10.30 a.m. on Thursday, 13 November 2003.