asked the Minister for Justice if he will define the extent of the responsibility of the Garda Síochána in searching for missing persons, in particular in cases where the person concerned is feared drowned, whether it is the practice of the Garda to cease such search after a certain period; if so, what criteria are employed in judging the length of such period of search, and whether any other body is responsible for the carrying our of such searches.
Ceisteanna—Questions. Oral Answers. - Searches for Missing Persons.
48.
Members of the Garda Síochána have no obligation in law to search for missing persons but they do so as a matter of ordinary police duty where they have reason to believe that a person's disappearance involves foul play or if he is wanted in connection with a crime.
In addition, the Garda may make inquiries on humanitarian grounds, the nature, duration and extent of their inquiry depending on the circumstances of each individual case.
As Deputies will be aware, in many instances when persons are reported drowned, members of various organisations, including local members of the Garda, turn out voluntarily to assist in the search.
I am glad to have this opportunity to pay tribute to the members of the Force, including members of the Garda Sub-aqua Club, for the splendid services so often rendered by them in this connection.
Is the Minister aware of the public anxiety in this matter that when the Garda and members of the local authorities, and perhaps Civil Defence representatives, have carried out the initial search which might last for a few days, it is then left to voluntary effort to continue the search which might last for a considerable length of time? To our knowledge, great sacrifices have been made by these voluntary workers who give their time, their work, their leisure, their sleep, their meals, and are obliged to find the equipment by way of boats and other equipment, especially where drowning is concerned. There seems to be no responsibility placed on anyone in this matter.
The Deputy is not asking a question. He is making a statement.
Is the Minister aware——
That does not make it a question.
The Minister must be aware that there is no cohesion in regard to the continuation of a search for a person who has been drowned. It does not seem to be the responsibility of anyone.
The Deputy is making a statement, not asking a question.
This is a source of additional pain and hardship to the relatives and friends of the deceased person, and in all the circumstances, would the Minister try to devise a better arrangement?
All the information at my disposal goes to show that the Garda go above and beyond the call of duty in asisting local voluntary interests in trying to track down missing persons.
The Minister said that the Garda have no absolute responsibility in this matter.
No legal responsibility.
Supposing there is absolute evidence that a person has been drowned, who is responsible for recovering the body?
The function of a police force in this or any other country is to detect foul play and deal with any foul play. When that consideration has been satisfied by the police force, there is no legal obligation on them—and I want to say that all my information shows that the Garda go far above and beyond the technical call of duty in trying to track down missing persons.
Supposing three people are swimming and one drowns, who is responsible for recovering the body?
The coroner.
You cannot pin the police force with that responsibility.
Has anyone any responsibility?
Would it be the health authority?
The Minister has paid a compliment to the Garda, to which we all subscribe, and to other people who have had occasion to try to find the bodies of people who drown. He is not able to tell me or the House if anyone has a legal responsibility to recover such bodies.
There is nothing peculiar about it. This applies in every country in the world.
I do not give a damn about other countries; I am concerned about this country.
The Deputy seems to think he is unearthing something peculiar.
Question No. 49.
In view of the unsatisfactory nature of the Minister's reply on this very important subject, I wish to give notice that I intend to raise the matter——
It is beyond the time for giving notice. The time is 3.30.
I shall avail of other opportunities to deal with this matter.