I have dealt with this matter in some detail on a number of occasions in this House. I have at all times given as much information as possible and welcome this opportunity to update the House.
I am constrained by a number of factors and I ask Deputies to be equally mindful of those factors. This is a complex matter and a number of issues have yet to be resolved. A number of civil actions have been initiated, the Director of Public Prosecutions is examining the question of criminal proceedings in a number of cases, complaints have been lodged with the Garda Síochána Complaints Board and the question of possible disciplinary action against members of the Garda Síochána may have to be considered by the Commissioner. All these factors place an onus on us to be careful in what we say about the matter in hand. It is essential that the truth is determined and that, in this process, the rights of all concerned are upheld and vindicated. We must be careful not to prejudice any proceedings which may arise from the matter in question.
The Deputy asked what steps have been taken since I received the report of a senior Garda officer into allegations of corruption and malpractice involving members of the Garda in County Donegal. On completion of the investigation by the Assistant Commissioner, a file in the matter was forwarded to the Director of Public Prosecutions. The directions of the director are awaited. Deputies will be aware that the question of criminal prosecutions is a matter solely for the Director of Public Prosecutions and I, as Minister for Justice, Equality and Law Reform, have no role in the prosecution of individuals for criminal offences. It would be totally inappropriate for me to make any comment in this regard and, accordingly, I do not propose to do so.
In addition to the investigation carried out by Assistant Commissioner Carthy, two other investigations relating to Donegal were initiated. One, conducted by Assistant Commissioner Murphy, relates to matters raised by the then Opposition spokesmen on justice and the other investigation, conducted by a chief superintendent, relates to a matter raised by a member of the Garda Síochána in Donegal concerning the original investigation. The results of these investigations are still awaited.
The Deputy also asked if I will bring the report before an Oireachtas committee and if I will establish a sworn inquiry into the allegations. I want to see the truth determined. I also want to see public confidence in the Garda restored, in so far as it has been adversely affected by the matter. The question is how we can best achieve this in an open and transparent way.
Obviously, it is a matter of great concern that individual members of the Garda Síochána might have been implicated in wrongdoing. It is essential for the reputation of the force that any alleged wrongdoing by members is investigated thoroughly and, if well founded, appropriate disciplinary or criminal proceedings should be initiated. I have indicated the position in these matters.
Additional InformationThe Commissioner has already taken initial steps to address the question of public confidence in policing in Donegal by the transfer of a number of personnel. In this the Commissioner has my full support. While it is the case, therefore, that various steps have been and are being taken to deal with different aspects of this matter – and it is also the case that these inquiries and so on must be allowed to run their course – I can understand the point that the completion of individual inquiries could still leave a concern that the bigger picture has not been addressed or that it has not been addressed in a way that deals with the issue of public confidence.
The nature of the Donegal case is such that it requires some form of comprehensive review that will examine and report on all aspects of the matter. Deputies will be aware from previous statements I have made in the House that I accept the current arrangements for dealing with complaints against the Garda Síochána are not satisfactory and need to be revised. I have also indicated that I intend to bring forward appropriate proposals to Government to amend the Garda Síochána (Complaints) Act, 1986. In that context I am looking at the possible establishment of new processes which would not only deal with complaints against individual members but would address wider issues of the type raised by the case in Donegal.
I intend to bring to Government in the near future proposals for amendments to the existing Garda Síochána (Complaints) Act and suggestions to deal with wider issues of the kind to which I have already referred. When the Government has considered the matter, I will make a further statement. I cannot say, at this stage, whether a public sworn inquiry by way of a tribunal would represent the best way of addressing what I have described as the "bigger picture" issues in this case. It is an option which I have not ruled out, but neither am I convinced that it would necessarily be the best way of dealing with the matter. At this stage, I have an open mind on the matter.
