I am informed by the Garda authorities that the Garda Siochana Complaints Board Annual Report for the year 2006 has been considered by the Garda Commissioner and his senior management team and its recommendations will inform policy in the relevant areas.
The Deputy raises two separate issues one of which relates to an alleged lack of action on the part of the Commissioner in relation to possible minor breaches of the Garda discipline regulations brought to his attention under the procedures set out in section 7(4)of the Garda Síochána (Complaints) Act 1986.
I am informed by the Garda Authorities that on receipt of a referral under section 7(4) the Commissioner considers himself legally obliged to cause a review of the investigation to be undertaken including affording the member concerned an opportunity to make further submissions — whether or not submissions had been made to the Complaints Board as part of its investigation. At the end of the process the Commissioner makes a final determination on whether there has been a breach of discipline. Where such a breach has occurred it is dealt with by way of advice, admonition or warning.
Of 63 such cases referred to the Commissioner in 2006 disciplinary action was taken in 35 cases, in 20 cases the Commissioner decided that no breach of discipline had occurred and 8 cases were outstanding at the end of the year.
The second issue raised by the Complaints Board relates to an alleged inability on the part of members of the Garda Síochána to apologise for mistakes. Where the incident is of a minor nature there is provision under the Garda Síochána (Complaints) Act 1986 (and indeed analogous provisions of the Garda Síochána Act 2005) for informal resolution. This avenue can be availed of to resolve disputes in some instances.
However it is worth noting that the Morris Tribunal expressed the view that Garda disciplinary procedures which operated prior to 1 June of this year were characterised by an "overlay of legal formalism". The new Garda disciplinary regulations will address that issue.
More generally, I accept of course that apologies should be made where appropriate, but equally the Garda Síochána as an organisation must be guided in such matters by its legal advisers. Apologies can be made provided such an apology does not affect future legal proceedings. Where such proceedings are taken an apology or statement of regret can affect the extent to which the State is liable in any possible settlement of the case, and this must be taken into account.
