Dáil Éireann Debate, Tuesday - 24 June 2014
66. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if her attention has been drawn to the lack of co-operation at management level in the Donegal division of An Garda Síochána with a Garda Síochána Ombudsman Commission investigation relating to the murder of a person (details supplied) in County Donegal who was murdered over two years ago on 17 June 2012. [26922/14]
View answerIn June 2012 Mr. Seamus Doherty was murdered at his home in Churchill, County Donegal. The family had very serious concerns from the get-go about the investigation by An Garda Síochána. I will go into that matter in more detail in my response to the Minister's reply. My concern is the apparent lack of co-operation from the management of An Garda Síochána in County Donegal with the Garda Services Ombudsman Commission investigation following a complaint from the family.
My Department had been advised by the Garda Services Ombudsman Commission, GSOC, that issues had arisen last year in obtaining some information from An Garda Síochána related to the investigation of a complaint. It has been further advised, however, that the issue has been resolved and that all relevant documentation requested by the ombudsman commission has been provided. I understand the complaint remains under investigation by GSOC.
I have been further advised that a second complaint was admitted by GSOC in March 2014 for investigation by GSOC personnel pursuant to section 98 of the Garda Síochana Act 2005. The Garda Síochána Act 2005 established GSOC to receive complaints from members of the public concerning the conduct of members of An Garda Síochána. The Act stipulates that GSOC is independent in the exercise of its functions and I do not have a role in the processing of individual complaints which are referred to it for investigation.
As with the Deputy, I regard full co-operation by An Garda Síochána with the Garda Services Ombudsman Commission as extremely important. It is a matter in respect of which everyone has work to do. As the House has previously been informed, revised protocols were agreed and signed by the chairperson of GSOC and the Garda Commissioner on 23 September 2013 to ensure the highest possible level of co-operation between the two organisations. I met representatives of GSOC yesterday and had a long meeting to discuss the protocols and other issues. Progress is being made. I have also agreed that new legislation should be introduced regarding GSOC and I hope to introduce it in the House before the summer recess with the co-operation of the Deputy and Deputy Niall Collins.
Additional information not given on the floor of the House
More recently, in response to the findings made in the Cooke report, the Government has agreed that the proposed new Bill to reform the workings of GSOC will further clarify and strengthen the provisions relating to the preparation and implementation of protocols relating to co-operation between gardaí and GSOC. Once the Bill is enacted, compliance by gardaí and GSOC with agreed protocols will be obligatory under statute. It is my intention to publish the Bill shortly with a view to consideration by the Oireachtas before the end of this term.
From my dealings with the family of the late Mr. Doherty, I understand his body was found in the early hours of the morning of 17 June 2012 in the bathroom of his home. There were signs of an assault on his body and the bathroom scene suggested a struggle. There were various items and water on the floor and it was clear that something had taken place which gave cause for concern. However, it took three days for a murder investigation to commence. There are all sorts of questions mark over the preservation of the scene, the questioning of witnesses and the people in the house and procedures. There were serious concerns from the get-go not only among the family but also in the wider community. When GSOC sought to investigate the matter initially, it did so pursuant to section 94(5) of the 2005 Act, which provides for a supervised investigation. It had to change the nature of the investigation owing to the lack of co-operation. The lesson is that in moving forward there must be full co-operation from An Garda Síochána with GSOC to allow public confidence to be restored.
The Deputy is absolutely right in what he has said. I am informed that An Garda Síochána states it has made full disclosure and is co-operating fully with all requests from GSOC with regard to these investigations. When I hear the Deputy speak about the horrific details of the murder, my first thoughts are with the family and the terrible situation they have had to face.
In terms of the issue raised, the Guerin report investigated 12 cases and made a number of points about how gardaí investigated serious cases. Mr. Guerin made a number of recommendations and I have asked the Garda Inspectorate to take that part of the Guerin report, examine the points made and make any necessary recommendation. The interim Garda Commissioner said An Garda Síochána was examining the report and that implications arose from it, on which she intended to act. I have also asked for the Garda's response to the report.
I thank the Minister for her approach to this issue. I am conscious that she is new in the Department and that this is a fresh start. Later this year we will look at legislation to strengthen the powers of the ombudsman and make them clear. Deputy Niall Collins alluded to the meeting of the Joint Committee on Justice, Equality and Defence with the ombudsman in the North and the PSNI board. What is clear is that the ombudsman in the North has clear legislation covering its powers, full discovery and the co-operation it expects to receive. There has been a history of Garda senior management procrastinating when it comes to co-operating with the Garda ombudsman. In the case of the murder of Mr. Seamus Doherty in County Donegal and other cases, there must be no doubt that full co-operation in a timely fashion is expected in order that the Garda ombudsman can do its job speedily and have the full confidence of the public that it has the power, ability and resources to get to the bottom of allegations.
I regard full co-operation from An Garda Síochána with the Garda ombudsman as extremely important. When the Cooke report was published, I said working together and sharing information needed more than protocols or legislative change. It is also about a change in culture. There must be learning on both sides. We want to see an oversight body going about its work with full co-operation from An Garda Síochána. That is in its interests and in the long run such co-operation is to its advantage and ensures citizens have faith in the force and will work co-operatively with it. Lessons can be learned on both sides. There are outstanding issues in regard to full co-operation in a timely way from An Garda Síochána. What the interim Garda Commissioner said recently about the level of co-operation she expected between the two bodies was an important first step.
