Dáil Éireann díospóireacht -
Thursday, 12 Apr 2001

Vol. 534 No. 5

Ceisteanna–Questions Priority Questions - Garda Investigations.

Charles Flanagan

Ceist:

1 Mr. Flanagan asked the Minister for Justice, Equality and Law Reform if he has received a report into the alleged policing activities of Sinn Féin in County Kerry; the contents of the report received by him; and the action taken to date to prevent members of Sinn Féin operating a private policing service, hindering the work of An Garda Síochána and impeding the bringing of appropriate prosecutions against those alleged to have committed burglary and larceny offences. [10843/01]

Brendan Howlin

Ceist:

2 Mr. Howlin asked the Minister for Justice, Equality and Law Reform the findings of the report he sought from the Garda Síochána into allegations that members of Sinn Féin had been interfering with the work of the Garda Síochána in County Kerry; the steps he intends to take to deal with the growing incidence of vigilantism throughout the country; the specific investigation which has been held by the Garda Síochána into the shooting by masked men of a man in Ferndale Park, Wexford; and if he will make a statement on the matter. [10985/01]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue):

I propose to take Questions Nos. 1 and 2 together.

In so far as allegations of Sinn Féin activities in north Kerry are concerned, as I mentioned in the House on Tuesday night in the course of a debate on a Private Members' motion, I have received a report from the Garda about the alleged activities. A Garda investigation is continuing into the matter. Similarly, in so far as the incident in Wexford is concerned, I am advised by the Garda that investigations are also continuing. These are very serious allegations and it would be completely intolerable for any person or persons to seek to usurp the functions of the Garda Síochána in the investigation of crime. As Garda investigations into these matters are continuing, the House will appreciate that it would not be right for me to comment in detail on what is alleged to have happened. It is very important that nothing is said in the House which might prejudice or adversely affect the investigations.

The Government's position on vigilantism is clear and simple. There is no place in our society for vigilantism, no matter how it is dressed up, and it cannot and will not be accepted. The Garda Síochána has a statutory duty to investigate crime and individuals or groups who seek to usurp the functions of the Garda or engage in intimidation, assaults or threats will face the full rigour of the law.

Mr. Flanagan:

I am dismayed that the Minister for Justice, Equality and Law Reform has not yet received a report from the Garda on this serious matter.

Mr. Howlin:

He has.

Mr. Flanagan:

Does the Minister agree that his concept of zero tolerance is now a laughing stock when on his home patch in County Kerry, in his constituency, serious allegations of the type referred to have been made? Can he confirm that Sinn Féin, a political party registered in the State, is involved in street patrols and acts of intimidation throughout County Kerry and operating a private security firm which usurps the role and functions of the Garda? I put it to him that this matter is far more urgent and serious than his reply suggests and that it is incumbent on him, as Minister for Justice, Equality and Law Reform, to ensure that the only security force operating for and on behalf of citizens is the Garda. What does he intend to do about it?

Mr. O'Donoghue:

If the Deputy had been listening, he would have heard me say that I had received a Garda report on the matter.

Mr. Flanagan:

It is not complete.

Mr. O'Donoghue:

In his anxiety, however, to launch a tirade of allegations, which are not fully correct, he decided to ignore the first part of my reply. Regarding zero tolerance, I have explained on numerous occasions that crime levels have fallen by 25% since 1995, when the Deputy's party was in office, when there were 102,000 indictable crimes, an all time high.

Mr. Flanagan:

Will the Minister, please, deal with the question?

Mr. O'Donoghue:

Let us leave that matter aside for the moment. It is completely inaccurate to say that there are gangs marauding around County Kerry intimidating people. There have been complaints in specific areas in the north of the county where allegations of vigilantism have been presented. I have explained on more than one occasion that vigilantism will not be tolerated and that anarchy will ensue if people take the law into their own hands and become judge, jury and executioner. I have also explained that the matters in question are being investigated by the Garda. I am not, unfortunately, at liberty to outline to the House what precisely is contained in its report. I can only say that I expect the investigations to be completed and that I hope these matters will be dealt with by the Garda in accordance with due process.

Mr. Howlin:

Does the Minister accept that the issue of vigilantism in counties Kerry and Wexford and the constituency of Dublin West is among the most serious confronting the proper operation of democratic policing in the State and will he undertake to publish the report he has received regarding activities in County Kerry? Was the shooting in Wexford of an innocent man by gunmen wearing balaclavas drugs related and was there paramilitary involvement? Does the Minister agree with the statement of his colleague and former ministerial office holder, Deputy Michael O'Kennedy, that Sinn Féin needs to be confronted about these matters?

Mr. O'Donoghue:

Garda investigations into the matters in question are under way and there is every possibility that there will be prosecutions with convictions ensuing. Vigilantism is, most certainly, bad for democracy. There are allegations to the effect that in certain places in electioneering certain members of Sinn Féin are disregarding the rule of law. These allegations are being investigated. I wholeheartedly agree with the Deputy that if any group assumes the right to become judge, jury and executioner, it undermines the concept of democracy. I have repeated that this will not be tolerated and is unacceptable in any civilised society. If other political parties were to engage in similar activities, can one imagine the chaos that would ensue overnight? While I agree fully with the Deputies, I cannot give an undertaking to publish the report at this time because investigations are ongoing.

Mr. Howlin:

Can a copy be provided for Opposition spokespersons?

Mr. O'Donoghue:

I do not have a sufficiency of detail to enable me to reply to Deputy Howlin on the incident in Wexford, but agree with the general point made.

Mr. Flanagan:

On the basis that the Minister will not publish the information which has been made available to him, will he confirm that there is in operation in County Kerry – perhaps in other places also – private, subversive, security firms, in particular a group known as Kerry Concerned Parents Against Drugs?

Mr. O'Donoghue:

I know that a certain person, who states that he is a member of Sinn Féin, has stated publicly that he was involved in recovering what he described as stolen property and returning it to its original owner. I have also published a new security Bill which is designed to ensure that in future there will be a licensing system for companies and individuals who wish to become involved in the security trade. The objective of the exercise is to ensure that those who become involved in the security industry are of good character and are sufficiently professional in the exercise of their duties.

With regard to the general question of who is, or is not, involved in these matters, Deputy Flanagan would appreciate more than most that it is neither feasible nor possible for me to publish the report he mentioned without prejudicing a possible prosecution.

Mr. Flanagan:

What about zero tolerance then?

Mr. Howlin:

May I ask the Minister a direct question because the usefulness of parliamentary questions is itself undermined by the Minister's approach to this? I tabled a parliamentary question asking for the current status of an investigation in relation to a shooting in Wexford but the Minister says that he does not have any information to give me. That is not acceptable. Will the Minister answer the broad questions that certainly prejudice no prosecution in relation to the Wexford shooting. First, can he rule out, or rule in, paramilitary involvement? Second, as far as the Garda Síochána has ascertained to date, is this a drugs related shooting? The answers to those simple questions should be available to the Minister. As the Minister charged with protecting the rule of law, will he outline what specific strategy he has to combat vigilantism?

Mr. O'Donoghue:

Much as I might be tempted to reply directly to Deputy Howlin's questions, I would be rightly censured in this House and elsewhere were I to engage upon specifics which might ultimately prejudice a prosecution. Deputy Howlin will appreciate that.

Mr. Howlin:

I have only asked general questions.

Mr. O'Donoghue:

Nor will I become involved in seeking to finger any individual or individuals.

Mr. Howlin:

Nobody asked the Minister to do that.

Mr. O'Donoghue:

All I have said is that one individual in the Kerry case came forward and said that he was involved in this form of activity. Therefore, I could not obviously be prejudicing anything in relation to an individual who said that. In regard to other matters, I cannot be expected to come to the House and reply to questions about matters which are under investigation by An Garda Síochána. I would be very tempted, obviously, to reply to Deputy Howlin's question but I am not prepared—

Mr. Howlin:

Not even to the most general point?

Mr. O'Donoghue:

—in a public forum such as this—

Mr. Howlin:

This is the Parliament of Ireland.

Mr. O'Donoghue:

—to provide a possible defence for any individual in a court. It is the Parliament of Ireland, Deputy Howlin, but it is not a court.

An Ceann Comhairle:

We must call the next question.

Mr. Flanagan:

Are you taking two Questions together, a Cheann Comhairle?

An Ceann Comhairle:

Yes, we allowed for the 12 minutes.

Mr. Howlin:

It is an outrageous response.

Mr. Flanagan:

No information from the Minister.

Mr. Howlin:

The Minister should realise that he is responsible to this House.