asked the Minister for Justice if he is satisfied that all measures have been taken to apprehend the killers of Garda Fallon; and if he will make a statement on the matter.
72.
Ceisteanna—Questions. Oral Answers. - Death of Garda Fallon.
71.
asked the Minister for Justice if his Department will release photographs of the seven men who have been asked to get in touch with the Gardaí in connection with Garda Fallon's murder; and the cause of the delay in having these photographs published.
With your permission, a Cheann Comhairle, I propose to take Questions Nos. 71 and 72 together.
The steps taken or to be taken by the Garda Síochána in this matter have to meet two distinct requirements. One is that they should be able to apprehend and bring charges against the persons involved. A less obvious but very important requirement is that they should achieve the first objective without saying or doing anything which would place unnecessary and possibly serious obstacles in the way of a criminal trial later. Official statements about the progress of investigations, or explanations as to why the Garda do or do not adopt particular methods, would be in conflict with one or both of these requirements.
In view, however, of various allegations or speculations in recent days, I wish to state categorically that, in relation to the investigation of this murder, and in relation to the investigation of bank raids, the Garda authorities have been told on several occasions of the Government's concern that every possible step should be taken to bring the culprits to justice. Newspaper reports, attributed to unnamed rank-and-file members who are not involved in the investigations, that there has been some form of Government or ministerial discouragement of the Garda in this task are without any shadow of foundation whatsoever.
One specific allegation that was made here, and also in newspaper reports, may be based on a genuine misunderstanding. That is that the Garda asked for and were refused permission to operate section 30 of the Offences Against the State Act, 1939, which authorises arrest in certain circumstances. The fact is that the Garda authorities raised no question about operating section 30 in the context of any of these crimes. It so happened that the application of section 30 came under review in relation to an entirely different matter and, arising from that, the Garda were informed by my Department of advice given by the Attorney General that they could not operate section 30 without keeping in mind certain limitations on their powers arising from the European Convention on Human Rights to which this country has subscribed. While I am mentioning this to clear the air, I should also point out that section 30 is quite irrelevant to the solving of the murder because the powers in that section are not powers that would need to be invoked in the arrest of persons reasonably suspected of murder, or, indeed, any other felony, including robbery. There is a well-known Common Law power of arrest in all such cases.
Surely the Minister is quite well aware that the Garda were hindered and frustrated in their efforts and surely the Minister does not expect anybody in this House to believe that a Cabinet, with two members themselves engaged in importing guns——
(Interruptions.)
That has nothing to do with the question. The Deputy should behave himself.
(Interruptions.)
The Deputy is abusing the privilege of the House.
Deputies
Hear, hear.
He does it every time he opens his mouth.
I certainly am not. The Minister has denied that the Cabinet in any way connived——
That has nothing to do with these questions.
And I will continue to deny it.
The remaining questions will appear on tomorrow's Order Paper. Will the Deputy please resume his seat?
You are trying to hide the dirt that still has not been unearthed in the Fianna Fáil Government.
The Deputy has made a serious charge against the Chair, that he is hiding something. The Deputy will withdraw the charge or leave the House.
I will leave the House because it is well known that it all has not come to the surface yet and that there is a lot of it being hidden under the carpet by you and others.
Stay out of the House.
Crawl out. The Deputy will leave the House.
I will leave when I am ready, Sir, and no sooner. It is a disgrace what is going on in this country.
It certainly is, what is going on over there.
Will the Deputy please leave the House?
It will all come out through time.
(Interruptions.)
Deputy L'Estrange withdrew from the Chamber.
That is a good riddance.
The remaining questions will appear on tomorrow's Order Paper.