asked the Minister for Justice the number of gardaí prosecuted for offences in court from 1 January 1979, to date, giving the date of each case, the charge or charges involved and the verdicts; if this is a dramatic increase over an average five year period since the foundation of the Garda force; and if he feels that the matter warrants special Government or parliamentary examination.
Written Answers. - Prosecutions of Gardaí.
652.
Limerick East): The Garda authorities have informed me that the statistical information sought in the question is not available in Garda headquarters and that, while records at local Garda stations throughout the country could be examined with a view to compiling the information, any such examination would take a disproportionate amount of time and resources. Because of retirements, transfers, etc., it would not be feasible to compile the information on the basis of the recollection of members now in charge of particular areas.
Even if the information were available, I could not agree to give some of the details sought — in particular, information such as dates that would make individual cases readily identifiable. A person who is prosecuted is subject to the hazards of contemporaneous publicity but it is a long established and in my view commendable convention that, except in very exceptional circumstances where a departure from practice can be called for in the public interest, Ministers for Justice do not provide material the publication of which effectively involves the raking over of old criminal cases. In a matter of this kind, I believe that members of the Garda Síochána can reasonably expect to be accorded the same treatment as other citizens.
I have very little doubt that in recent times there have been more prosecutions of members of the force for one reason or another than in earlier years — though it will be noted that prosecutions may come up for final adjudication by a court well after the events to which they relate, so that, unless allowance is made for that, a wrong impression may be taken.
No doubt the increase in prosecutions reflects, in part, a dropping of standards on the part of some members of the force — corresponding, perhaps, to a dropping of standards in some other walks of life. So also does the fact that in a number of cases in recent times (though again, for the most part, in respect of incidents that occurred quite some time ago), damages have been awarded against members of the Garda Síochána in circumstances of a kind that brought no credit on them. These matters are a cause of regret and of concern.
On the other hand, speaking not only for myself but also for the Commissioner, I can say that there is a firm determination to ensure that all steps necessary will in fact be taken. On that point, it is clear that the prosecutions that have been taken show, very clearly, a determination on the part of all the relevant authorities, including of course the Commissioner, to see that, if and where the relevant evidence of criminal activity is available, there will be no hesitation in initiating the criminal process and that the fact that a person is a member of the Garda Síochána is no protection. On that basis the evidence, far from suggesting that the matter warrants special Government or parliamentary examination, indicates very clearly that the authorities are fully committed to dealing with the problem.