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Garda Investigations.

Dáil Éireann Debate, Wednesday - 8 December 2004

Wednesday, 8 December 2004

Questions (50, 51)

Mary Upton

Question:

50 Dr. Upton asked the Minister for Justice, Equality and Law Reform the position on the Garda investigation into the murder of persons (details supplied); if a file has been sent to the DPP; if his attention has been drawn to the serious disappointment expressed by relatives of the victims of his decision not to hold an inquiry into the circumstances surrounding the case; and if he will make a statement on the matter. [32521/04]

View answer

Written answers

I am informed that the Garda investigation into this matter is ongoing. As I have outlined to this House previously, I am not satisfied that a public inquiry is required. I can appreciate the distress that this matter has caused to all involved and I have already made direct contact with the families and solicitors involved in this matter, informing them of the current situation.

Liz McManus

Question:

51 Ms McManus asked the Minister for Justice, Equality and Law Reform if he has completed his consideration of the report of the senior Garda officer who has been requested by the commissioner to examine all matters featured in a television programme (details supplied); and if he will make a statement on the matter. [32499/04]

View answer

I have previously informed the House that allegations of serious wrongdoing by members of the Garda Síochána, such as those broadcast on the "Prime Time" programme, are of serious concern to me. Some of the cases featured in the television programme of 8 January were previously reported and in the public domain. A number of the cases have been dealt with in the courts or by the existing complaints and disciplinary mechanisms. Civil proceedings have been initiated in certain cases and there may yet be other civil actions, so the Deputy will appreciate that, in the circumstances, I am limited in what I can say on the specific details of individual cases.

On 1 November 2004, I received a report from the commissioner in respect of all matters featured in the broadcast in question. In his report, the commissioner reviews the investigation of each case highlighted in the programme and proposes a number of specific measures with regard to the systems, practices and procedures that operate within the Garda Síochána to ensure the existence of adequate safeguard mechanisms for the mutual benefit of members of the public and the force. One recommendation of the commissioner in this regard is to carry out an initial pilot project for the installation of stand alone digital audio-visual recording systems in two Garda stations. The pilot project is to assess the various issues involved and it will cover reception areas and areas from which access can be gained to interview rooms and detention cells.

The Deputy will appreciate that I need to consider the report carefully and discuss it with the commissioner before making further detailed comments. The Deputy is well aware of my views that the existing law and procedures for dealing with complaints against members of the Garda Síochána are not adequate to the task. Allegations of the type aired on "Prime Time" provoke entirely legitimate unease in the public mind but can also cause frustration within the force at what is sometimes regarded as a lack of balance and fairness.

The most fundamental objective now must be to put in place a mechanism for dealing with complaints against members of the Garda Síochána which commands the full confidence of members of the public and the force alike and which will adjudicate on complaints in a manner accepted by all as authoritative. To this end, a key objective of the Garda Síochána Bill 2004 — Committee Stage of this Bill is being taken in Seanad Éireann today — is the establishment of a fully independent ombudsman commission which will have wide powers to investigate complaints made against members of the Garda Síochána. I hope these proposals will come before this House soon and that they will have the support of all Deputies.

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