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Dáil Éireann díospóireacht -
Thursday, 27 Mar 1980

Vol. 319 No. 5

Ceisteanna—Questions. Oral Answers. - Garda Disciplinary Action.

19.

asked the Minister for Justice if internal disciplinary action is being taken against a member of the Garda Síochána (details supplied) who was prosecuted for complaints of assault when acting in his private capacity as the owner of a flat, if not, why; and if he will take the necessary steps to ensure that no repetition of such events will take place in particular the alleged complaints that other members of the Garda Síochána whose assistance had been sought by or on behalf of the tenants had declined to intervene.

Under the Garda Síochána (Discipline) Regulations, 1971, the question of disciplinary action against a member of the force is a matter for the commissioner.

I have been informed that, following completion of the criminal proceedings in this case, the commissioner directed that an investigation into disciplinary aspects of the matter be carried out under the Garda Síochána (Discipline) Regulations, 1971. That investigation is not completed. A separate issue is the complaint that other members of the force who were present in their official capacity declined to intervene. That, too, is the subject of disciplinary inquiries.

In the normal way, I would have to make the point that disciplinary proceedings are internal Garda proceedings and that it is not the practice to make any statement about them even when they have been completed. However, it may be that special considerations will apply in this case in that there have been two sets of legal proceedings and a court adjudication. Accordingly, while I cannot say what issues may arise in that regard at a later stage, it is open to the Deputy, when the disciplinary procedure will have been completed, to put down a further question, and I shall then consider what, if anything, it may be possible to say in the light of what has meanwhile transpired.

I wish to say, at the outset, that I personally regret having to put down any question at all on this matter. I say that sincerely to the Minister. May I ask the Minister, accepting the law and the constraints under which he acts, would he not consider that the time involved in completing the investigations has been reasonably long enough? Would he not agree that it is time for these investigations to be finished, because their substance is very serious?

I understand that criminal charges against the person in question were heard before the Dublin Juvenile Court on 18 December. He was convicted and fined £150. He appealed the conviction, but withdrew his appeal on 28 January 1980. An investigation into his actions, from a disciplinary point of view, was commenced on 3 January 1980, but had to be suspended when he gave notice of appeal against the District Court convictions. Following withdrawal of that appeal, the investigation was resumed on 6 February. I am assured that the investigation will be completed as quickly as possible, as we would all want it to be.

May I ask, through the Chair, if I am right in understanding from what the Minister said, that until such time as a court hearing takes place the operations of the Garda Act to which I refer do not come into action? I understand that the alleged offences took place quite some time previous to the date in December which the Minister mentions.

I understand that to be the position.

I am asking a third or fourth supplementary question, but finally, would the Minister not agree that in this instance no service whatsoever has been done to the Garda Síochána, for which he is responsible? No good service has been done to the Garda Síochána, if these allegations are proved to be correct. Could I ask him, in terms of his powers as Minister for Justice, to have this matter closed as quickly as possible. I am receiving representations about it.

The Deputy must appreciate that the question of disciplinary action against any member of the force is wholly, totally and solely a matter for the Commissioner of the Garda Síochána.

May I finally ask, through the Chair, does the Minister not agree that the good name of the Garda Síochána and their credibility with the public is a matter for political concern of all Members of the House, and particularly that of the Minister? Would he not agree that a delay in finalising this matter one way or the other is not in the interests of the police force, on which we all depend?

I assure the Deputy that the actions of any individual in the Garda force that blemish the good name of that force is one which each of us would very much regret.

Question Time is now over.

May I just ask two brief questions?

Would the Chair mind finishing these two questions?

Perhaps the Minister should be allowed to enjoy his Easter without having these two questions hanging over his head.

Indeed. Thank you, Deputy.

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