The Deputy asks if an investigation has commenced into this matter pursuant to section 9 of the Garda Síochána Act, 1924. The section in question provided for the Commissioner, or any other officer of the Garda Síochána nominated by the Commissioner, or for any person nominated by the Minister, to hold an inquiry and to examine on oath the truth of any charge or complaint of neglect or violation of duty preferred against any member of the Garda Síochána. However, the section was repealed by section 4 of the Police Forces Amalgamation Act, 1925, and so does not provide a statutory basis for an inquiry.
Section 12 of the Dublin Police Act, 1924, as applied by section 18 of the Police Forces Amalgamation Act, 1925, makes it lawful for any person nominated by the Minister to hold an inquiry and to examine on oath the truth of any charge or complaint of neglect or violation of duty preferred against any member of the Garda Síochána.
While the 1924 provision is suited to inquiring into specific allegations against an individual member of the Garda Síochána, I am not sure it would provide an adequate vehicle for a comprehensive inquiry into the complexities of the Donegal case where there is a variety of issues and individuals involved. In any event, the provision is not applicable in relation to conduct alleged in admissible complaints made under the Garda Síochána (Complaints) Act, 1996 – section 15(3) of the 1996 Act refers. As I have mentioned on a number of occasions, complaints have been made to the Complaints Board against members of the Garda Síochána in the context of this case.
As I have also said to the Deputy previously, I want to see the truth of this matter determined. I know that this issue has been in the public domain for quite some time. Concerns about the handling of the investigation into the death of Mr. Richard Barron appear to have been first raised in correspondence with my predecessor in 1997. I want to see public confidence in the Garda, in so far as it has been adversely affected by the matter, restored. The question is how we best achieve this in an open and transparent way that will achieve the desired results without interfering with potential civil and criminal proceedings.
With this in mind, I am seeking the advice of the Attorney General as to whether I can proceed with any type of inquiry while civil and criminal proceedings are pending, and what the implications would be of such a course of action. While I obviously want to establish what happened in Donegal, I am sure all sides of the House will agree that it would not be acceptable to proceed in a way that would prejudice or jeopardise any of the proceedings which have been instituted, or proceedings which might yet be instituted. I will keep the House apprised of developments in this regard.
I have already advised the House that a file in this matter, following Assistant Commissioner Carty's investigation, has been sent to the Director of Public Prosecutions. Following receipt of directions from the DPP, one person, not a member of the Garda Síochána, has been arrested and charged. Further directions are awaited in respect of other aspects of the investigation. A number of civil actions relating to the case are outstanding.
The Garda Commissioner is already taking action to restore confidence. The Deputy will be aware that when the commissioner received the report of the assistant commissioner on the allegations in question, he decided, in the best interests of the public and the Garda Síochána, to transfer a number of personnel.
Additional Information.I have also been recently informed by the Garda authorities that an inquiry under the Garda Síochána (Discipline) Regulations, 1989, has been initiated by the Garda Commissioner with a view to investigating suspected breaches of discipline by a number of members of the Garda Síochána in the Donegal division arising from the investigation conducted by Assistant Commissioner Carty.
The Deputy asks if I intend to publish the reports of the earlier investigations into allegations of Garda misconduct in the Donegal area and, in this regard, if I have received the completed reports from the Garda Commissioner. On the latter point, the Deputy will be aware from recent correspondence that I have not seen the investigation file nor would it be normal practice for the Minister to do so. I have, of course, as I have previously informed the House, received a report of the assistant commissioner's investigation from the Garda Commissioner.
Given the various investigations and proceedings ongoing in relation to this matter, I do not believe it would be appropriate at this time to publish any of the reports I have received in the matter nor to lodge them in the Oireachtas Library.
My primary concern is to take whatever actions are necessary to ensure that the truth of what happened in Donegal is established and becomes known to the public, while also ensuring that this is achieved in such a way that no proceedings are jeopardised so that justice can be done and be seen to be done.
