Dáil Éireann Debate, Thursday - 8 July 2004
6 Mr. Rabbitte asked the Minister for Justice, Equality and Law Reform if he has received the report of the senior Garda officer who has been requested by the Garda Commissioner to examine all matters featured in a television programme (details supplied) of 8 January 2004; and if he will make a statement on the matter. [20720/04]
View answerI previously informed the House that a senior Garda officer had been appointed to examine all matters featured in a television programme of 8 January last. In this regard, I have been informed by the Garda authorities that the Garda Commissioner recently received the report of the senior Garda officer about the issues raised in the programme. He is considering the report and I expect to hear from him shortly.
Allegations of serious wrongdoing by members of the Garda, such as those broadcast on the "Prime Time" programme, are of serious concern to me. Some of the cases featured in the programme were previously reported and in the public domain. They have been, or may be, dealt with in the courts or through existing complaints and disciplinary mechanisms. In the circumstances, the House will appreciate that it would be inappropriate for me to comment on specific details of the cases. I expect that the Garda response will address the issues raised and examine the individual cases featured in the television programme. Where relevant, the systems, practices and procedures which operate in the Garda will be assessed with a view to seeing whether additional safeguards or other changes are necessary.
I do not doubt that the existing laws and procedures for dealing with complaints against members of the Garda are not adequate. It is essential that such cases should be dealt with by means of a proper mechanism, which commands the full confidence of the public and the force alike. For that reason, the establishment of a fully independent ombudsman commission is a key objective of the Garda Síochána Bill 2004, which is before the Seanad at present. The commission will have wide powers to investigate complaints made against members of the Garda and will be able to investigate policies and practices of the Garda, where such policies and practices may be the cause of complaint.
I thank the Minister for his reply, which contained specific details, unlike his previous reply. I am glad the Garda Commissioner has recently received the report. Does the Minister agree that the allegations made on "Prime Time" in January were of systematic abuse by the Garda? Does he recall that a retired Circuit Court judge spoke about regular perjury in his court? It is imperative that action be taken on foot of the report. Does the Minister agree that the Government has been slow to provide a proper system to deal with complaints? His predecessor spoke in 2002 about the need to hold the Garda accountable. However, the 2004 Estimates make provision of €1,000 for a Garda ombudsman.
There is no sign that the Garda Síochána Bill 2004 will be effectively implemented this side of Christmas. Will the Minister give us some indication of his serious intention of ensuring that the alleged abuses will be properly investigated at an early stage so that they do not lead to a tribunal or cause scandal in the public arena? I refer not only to the matters highlighted in the "Prime Time" programme, but also to other matters in the public domain such as Abbeylara and, to a much greater extent, the Morris tribunal in Donegal.
I reject the suggestion that the "Prime Time" report reflected on the great majority of members of the Garda, who do their job extremely well and professionally. They strive to attain the highest possible standards in the way they conduct their work and cannot be said to have let down the country in any way. Although it appeared from the manner in which the programme was broadcast, which was deeply regrettable, that the remarks of the retired Circuit Court judge were applicable to the great majority of gardaí with whom he had dealt, that was not the case. It is important to remember that the judge disowned the implication after he had seen the programme.
I accept that there has been a disturbing departure from proper standards on the part of a small number of gardaí in a number of cases. The consequences of such behaviour have been damaging to the force. I wish to make clear that as long as I am Minister, I will take these matters very seriously. That is why I am waiting for the report to the Garda Commissioner to be handed to me. I regard the issues raised as very important and grave.
Does the Minister agree that the problems with the Garda Síochána complaints procedure have been known for years? The system must be changed because it is the root of the problem. When is the Garda Síochána Bill likely to be brought before the Houses to enable us complete the process? Even the Garda representative bodies accept that gardaí investigating gardaí is not the proper process and they are anxious for change.
I assure the Deputy that I accept the general consensus that the current system is inadequate. That consensus includes the practitioners of the current system because Gordon Holmes, who is the chairman of the body, has been one of the leading advocates of change and reform in this area. Unlike others, however, I have acted on this matter and brought the legislation before these Houses. The legislation is being considered by the Seanad. Deputy Durkan, in a generous reference to me just before this Question Time began, pointed out the considerable amount of legislation I have before the Dáil committees. Fourteen legislative measures are pending. The Garda Síochána Bill is before the Seanad and I hope to introduce it in this House and get it passed as quickly as I can. Nothing is holding me back except the volume of legislative duties of this House. I am enthusiastic that this law should come about.
The €1,000 provided for in this year's Estimates was to make it possible for me to apply extra funding. It was a nominal sum to open a new head of expenditure so that if the legislation is in effect this year, I would have a statutory basis to apply money to fund that body. It is not indicative of the size of funding I believe should be applied if the legislation is passed by the end of this year.
