asked the Minister for Justice the reason it has now been decided to initiate a disciplinary inquiry in respect of a Garda member (details supplied) by senior gardaí into an accident involving a Garda escort car which occurred in September 1982 especially since this matter was decided by the courts in June 1983; how, if this was an internal inquiry notified to the Garda member on Monday, 14 February 1984 the details of the proposed inquiry were leaked to the national media and appeared on the following Tuesday; and if he considers that the renewed pressure which has been placed on the Garda member and on his family is warranted in the circumstances.
Ceisteanna—Questions. Oral Answers. - Garda Inquiry.
23.
(Limerick East): In the normal course I would not be prepared to make any comment on a disciplinary matter because, under the regulations, that is something for the Commissioner to deal with — as he has in fact been doing in this case without reference to me. However, in view of the assertions made in the text of the question, some limited comment is called for especially against the background of certain comments which the Deputy is reported as having made to political correspondents concerning his reasons for putting down the question.
What I propose to say is based on information supplied by the Garda authorities and is factual. The Deputy will appreciate that I cannot become involved in any expression of opinion on the merits of the issues to be investigated.
First, although the statutory regulations use the word "investigation" to describe the action to which the question refers, what is involved is a formal procedure and it is standard practice, and not abnormal as the Deputy appears to have thought, for this to be preceded by a less formal investigation. Second, more members than one are involved. Third, as may be deduced from the fact that more members than one are involved, the investigation will cover a number of matters and I am informed that there will be no question of the member concerned being liable to be held to have been in breach of discipline in respect of any allegation on which he was acquitted in court.
I am informed that information about the disciplinary investigations is not released officially to the communications media. If the Deputy means to imply that in this case information was supplied by somebody in Garda management through some unofficial channel, I would request that he forward whatever evidence he has to the Garda authorities so that it may be checked.
I will take the last part of the answer first. If, as the question says, on Monday 14 February 1984 the member was informed and the papers were informed the following morning and had full information, it is a question for the Minister. I want him to let us know how that can happen with such rapidity. That is the only evidence I have. Is the Minister aware that the member concerned first heard of the criminal proceedings against him in an announcement apparently from an official Garda source on the 9 p.m. news in March 1983? True to form the next day The Irish Press and the Irish Independent had a full account of the matter. The Minister must agree that this indicates an orchestration of the media in relation to this case which is particularly disturbing and which we have to question the Minister about.
A question, Deputy.
I am asking the Minister if he will explain how these events can occur in the proximity in which they do occur, and if it is the normal procedure before the member was informed to tell the press what was coming up in relation to a Garda member.
(Limerick East): I am not aware of what the Deputy has suggested. I was under the impression that the Deputy had some information which he might be able to communicate to the Garda authorities so that they could have the matter checked out. The essential point to remember is that I have been informed by the Garda authorities that there will be no question of the member concerned being liable to be held to have been in breach of discipline in respect of any allegation on which he was acquitted in court.
Does the Minister agree that the alleged disciplinary offences as stated included a number of those alleged offences for which the Garda member had already been tried in court including one which was the allegation of running away on being arrested, which was exactly the same as one of the alleged offences considered in the indictment at the time? It is only today that the Minister is telling us this and I am sure the member concerned will be glad to hear that from the Minister.
The Deputy should put a question.
This is a serious matter. The Minister has already questioned my decision to table the question.
I do not mind how serious the matter is but it is not a suitable subject for a speech at Question Time.
I am happy that the Minister has said what the case will be. I should like to ask the Minister if it is normal after a court case has been completed in such an instance — in this case as far back as June 1983 — that nine months later, in February 1984, disciplinary procedures commence? Is it not normal for the disciplinary process to follow immediately.
(Limerick East): Matters of discipline in the Garda Siochána are for the Commissioner to deal with. As I said in my reply to the original question although the statutory regulations used the word “investigation” to describe the action to which the question refers, what is involved is a formal procedure and it is standard practice, and not abnormal, as the Deputy appears to have thought, for this to be preceded by a less formal investigation. What I am saying to the Deputy is that there will be no question of the member concerned being liable to being held to have been in breach of discipline in respect of any allegation on which he was acquitted in the court. In reply to the general point the Deputy has made I should like to say that there are situations where members of the Force are acquitted on specific items in court but there are other outstanding disciplinary matters which are a matter for the Garda authorities to proceed with.
We must move on.
I want to put a final supplementary to the Minister.
Deputy Tunney will be drawing my attention to the fact that he has got a question.
If the Chair got the agreement of the House to deal with it there would be no trouble.
Will the Minister agree that the allegation that this member tried to evade the notice that was served on him, one of the formal allegations against him is ridiculous because he was on Garda duty at the time? In fact, the member was serving on duty with the British Ambassador, the Taoiseach and others at the time he is alleged to have tried to evade the notice.
(Limerick East): The matter is one for the Garda authorities. It was because of the Deputy's concern that I answered in a more fulsome way than would be normal in questions about Garda discipline. I should like to assure the House that if any member of the Garda has been acquitted in court he will not be disciplined in respect of that allegation again.