Vol. 430 No. 7
4 Mr. Gilmore asked the Minister for Justice the inquiries, if any, which were held into incidents which occurred at Limerick Prison on 5 April 1992; if her attention has been drawn to the findings of the inquiry; and the action, if any, she intends to take on this matter.
The incident, which occurred on 9 April 1992, involved, among other things an alleged assault by a number of staff on a chief officer during what might be described as a melee. The allegation was so serious that a senior officer in headquarters was sent to Limerick Prison to carry out an investigation and report back to the Minister. It is far from easy to get full information when conducting investigations of this kind, and in order to ensure that he was given the full story the investigating officer promised each person interviewed that what was said would be treated in confidence. On completion of the investigation the investigating officer made a confidential report to the former Minister to which was annexed notes of the confidential interviews he had conducted.
It was decided on the basis of the information available to commence disciplinary proceedings against a number of prison officers. Each was asked in writing to respond to a letter which outlined what they were being accused of. In each case a response was received from a solicitor acting for the officers requesting a copy of the report which had been made to the Minister. Because of the confidential nature of the report and of the promise of confidentiality which had been made by the investigating officer, there was a reluctance to release the report and legal advice was sought as to whether release of the report could be avoided. The advice was that there was no alternative to releasing the report if it were decided to pursue the allegations, and that if the matter were raised in the High Court by way of judicial review it was certain that the court would order release of the report.
At this point my Department was faced with the stark choice between releasing the report, thereby breaching the confidence with which the report was compiled, or on the other hand withholding the report and consequently allowing the allegations to lapse. In the event a decision was taken to withhold the report. I am satisfied that this was the correct decision since it avoided a breach of trust and the consequences which that might have for the effectiveness of future such inquiries. The procedure adopted in this instance in conducting the investigation, though it was adopted for the very best of motives, has had the unfortunate result that wrongdoers will go unpunished. The matter has obvious implications for investigative procedures in cases of this kind and I am urgently reviewing these procedures so that we will not find ourselves in similar difficulties again.
This is far from being an easy matter because of the obvious risk that offenders, for example, may simply "clam up" unless they have some indication that the evidence they give will be kept confidential. But an urgent review of the situation is essential and that is what I am doing.
I wish to thank you, Sir, for insisting that the question be answered. May I ask the Minister if the disciplinary action to which she referred, and which arose from very serious incidents involving an alleged assault on both prison officers and prisoners, is proceeding or if an end has been brought to the disciplinary procedures? Second, are the prison officers concerned still at work in Limerick Prison? In view of the fact that this matter is over 12 months old, has disciplinary action of any kind been taken against them?
As I said in my original reply, the disciplinary action could not proceed because of the confidential nature of the report. The prison officers are still at work. Arising from allegations of assault on certain prisoners during the course of the incident, a Garda investigation was initiated. Arising from this investigation a file was sent to the Director of Public Prosecutions. I understand from the Garda authorities that they are awaiting a response from the Director of Public Prosecutions. In the event that he makes a recommendation that prosecutions are to follow, then of course disciplinary action will be taken.
I am calling Deputy Gilmore for a brief and final supplementary.
Is the Minister seriously telling us that following a series of incidents which occurred over 12 months ago, which required a Garda investigation, a file being sent to the Director of Public Prosecutions and an inquiry conducted by her own Department which lasted 16 days, no disciplinary action has or will be taken? Specifically, will the Minister indicate when the file on the matter was sent to the Director of Public Prosecutions?
I do not have the date when the file was sent to the Director of Public Prosecutions but it has been sent and the Garda authorities are awaiting a response. Because of the guarantee of confidentiality which was given by the investigating officer from the Department of Justice and because of the breach of trust that would be involved if the report were to be made known, no disciplinary action was taken in relation to the prison officers concerned. However, in the event of the Director of Public Prosecutions making a recommendation for prosecution, disciplinary action will be taken.
