Dáil Éireann Debate, Thursday - 17 February 2022
86. Deputy Thomas Pringle asked the Minister for Justice if she will initiate an independent public inquiry into the activities and methods used by the so-called "Heavy Gang" of An Garda Síochána; and if she will make a statement on the matter. [8936/22]
View answerThis question concerns the activities of the so-called "Heavy Gang" throughout the 1970s and 1980s. This matter was highlighted recently in the RTÉ series "Crimes & Confessions". I refer to the impact this is having. There is a need for a public inquiry to ensure that what happened can be brought to light and changes implemented to ensure that it never happens again.
I am conscious that all the families impacted by the incidents seen by many of us in the recent RTÉ series have had to revisit issues that happened in the past. It has impacted them, and they have suffered over the years because of the way in which those investigations were conducted. Such incidents cast a shadow over the trust we place in our criminal justice and policing systems to ensure justice is done. It is important to note, however, that these investigations happened several decades ago and the safeguards available then to those who were the subjects of investigation were very different to those in place now.
It was following the work of the Ó Briain and Martin committees that the Criminal Justice Act 1984, which regulates the treatment of persons in custody, the Garda Síochána (Complaints) Act 1986 and the Criminal Procedure Act 1993, concerning a new system of appeal based on miscarriage of justice, were introduced. The available safeguards were further strengthened in the years that followed. Since 2015, An Garda Síochána has had a code of conduct. This is signed by all members and forms the core of their commitments in respect of behaviour and standards. The Commissioner is completely committed to upholding the highest standards in our policing service. The Protected Disclosure Act 2014 provides legal protections for anyone aware of wrongdoing who speaks up. A protected disclosure policy is in place in An Garda Síochána which is designed to ensure that any member who raises issues will be fully supported and that all Garda members know they have the right and responsibility to raise their concerns and be confident they will be listened to and that those concerns will be addressed.
We have a robust system of Garda oversight in place, including the introduction of the Garda Síochána Ombudsman Commission, GSOC, which was established in 2005. My Department is in the process of further strengthening our oversight structures through the policing, security and community safety Bill. The legislation is intended to implement the recommendations of the report of the Commission on the Future of Policing in Ireland, the first principle of which is that human rights are the foundation and purpose of policing. The Bill will include an expanded remit for the Ombudsman and the establishment of a new policing and community safety authority, which will be provided with extra inspection powers and greater independence. Governance within An Garda Síochána will also be enhanced by the Bill.
I thank the Minister for her reply. She has outlined a raft of information there and, on paper, everything looks good. While the activities of the Garda in the 1980s may be historical, the impacts have fed through to the modern day. We have cases particularly relating to Donegal in this regard. There must be an examination of how these activities have influenced the Garda all the way through. We must open this up. If everything has changed in the way the Minister has said it has, then that will stand up through an inquiry and be vindicated.
It is important that we highlight this matter. Apart from anything, how can we hold other countries to account for what they are doing and raise issues of this kind through the Council of Europe, for example, when we have this legacy hanging over our selves and this State? Equally, in the North, we are talking about measures that must be enacted there in respect of how the Royal Ulster Constabulary, RUC, behaved when we have this matter hanging over us. We must come clean on this issue.
There is no doubt but that the alleged practices, which were detailed once again in the recent programme, were unacceptable at the time and they certainly would not be tolerated today. I know and understand the impact this has had and the deep hurt it has caused to many different families that were represented, and this aspect was highlighted in the series. Several of the investigations themselves have previously been the subject of court proceedings, pardons and State apologies. In addition, there have been associated compensation schemes. Therefore, a great deal of work has been done to try to respond to the miscarriages of justice that have occurred and the hurt that has been caused. It is important to remember as well that Garda actions are under way concerning some of the cases we are talking about in this context, so I do not think it would be appropriate to take any action which might possibly impact on the work that is ongoing. I acknowledge and stress again that the details of the methods used in the cases in question are disturbing. Taking all the current circumstances into account, however, I do not think that the establishment of a public inquiry into these matters would serve a useful purpose.
I must disagree with the Minister there, because I think it would serve a useful purpose. The Minister in her response said that the activities were not agreed with at the time. That is not actually true. They were agreed with and a blind eye was turned to them. The crux of the problem here is that not only the Garda but the State, the Government and everybody else turned a blind eye to these activities and allowed them to continue. Free rein was given to the Garda to allow that to happen. If nothing else were to result, hopefully an investigation and inquiry would ensure that nothing like this happens again in future. I say that because I believe the potential is still there for it to happen and that is the crux of the problem. We must address this situation and ensure there is no potential in this regard. Only by admitting the mistakes of the past, coming to terms with them, admitting we did this wrong and that we failed and must not do this again, can we be sure of it not happening again. There are still people alive who are suffering because of what has happened in these cases and that needs to be acknowledged formally as well.
The many things I outlined in my initial response, including the new laws that have been put in place, the new policies and the new code of conduct to ensure that we hold An Garda Síochána to the highest standards, all acknowledge that work needed to be done in this regard. I must again stress that we have a robust system in place now. Those who are wrongly accused suffered greatly. Equally, victims were involved here and families who, unfortunately, did not get justice, and they continue to suffer too. We must be conscious of that aspect as well. Many things have happened in recent times. I again stress that we have had court proceedings, pardons, State apologies and compensation schemes. Garda actions are also ongoing concerning some of those cases raised in the programme. In saying all that, I do not think that a public inquiry is going to change this. I am not sure if it would bring the justice that some of the families are seeking and that they would like to get. To respond to the larger question, much work has been done to ensure that there is confidence in An Garda Síochána and that the members of the force uphold the highest standards.
