Vol. 566 No. 3
129 Mr. Costello asked the Minister for Justice, Equality and Law Reform the action he has taken or intends to take on foot of the report received from the Garda Commissioner into the treatment of two persons (details supplied), arrested in Grafton Street, Dublin, in April 1998 who received an apology and undisclosed damages in a settlement announced in the High Court on 12 July 2002; and if he will make a statement on the matter. [12903/03]
As the question notes, the State settled the case taken against it by the two persons concerned, paid damages and in a statement in court expressed regret at what had happened and accepted that the persons concerned were of unblemished character.
The Garda Commissioner has concluded his examination of the incident and the subsequent handling of the case and while he does not propose to initiate disciplinary proceedings, particularly taking into account the lapse of time and the retirement of certain Garda personnel, his report accepts that the subsequent handling of this incident by members of the Garda Síochána left a lot to be desired. It is of course a matter for the commissioner to initiate such proceedings – the Minister does not have the discretion to do so.
Perhaps the aspect of this case – apart from the original incident, which was very serious in itself – that could most give rise to concern in people's minds is a perception of a potential conflict of interest in circumstances where a garda is involved in initiating a prosecution against a person for an assault on him or her, especially in cases in which that person has made a complaint against the garda involved. Most people would see this, no matter what the facts, as inherently unsatisfactory – I certainly do.
On this point, and arising from the investigation into this case, a directive has been issued by the Assistant Commissioner in the Dublin metropolitan region requiring that in any case of alleged assault on a Garda, an independent member of at least sergeant rank should prepare the subsequent file. Supervisors will ensure that any charges are correct and adequately reflect the circumstances of the alleged assault. The completed file is to be submitted for the information and directions of the district officer, who in appropriate cases is to submit the file to the Director of Public Prosecutions. Emphasis has also been placed on the importance of dealing promptly and professionally with all correspondence involving such cases. The system outside the Dublin metropolitan region is different and already provides for independent scrutiny of proposed prosecutions, usually at superintendent level.
This is a welcome procedural safeguard to ensure the appropriateness and correctness of charges in circumstances where there could otherwise be a perception of a potential conflict of interest. In addition, and in a development which should further address any such concerns, consultation is now under way between the Office of the Director of Public Prosecutions and the Garda authorities in relation to procedures for prosecutions for assault on members of the force. This was a very regrettable case and many people may well consider the outcome, taking everything together, to be unsatisfactory. I hope, however, that lessons have been drawn and procedures put in place to ensure that any such case in the future is dealt with in a proper and professional manner.
The background to this case was that two young women were ill treated, to say the least, in a wholly unwarranted fashion by gardaí. They were put into a car very roughly and imprisoned in a cell. When they took an action against the Garda for its members' behaviour, they were counter-charged with all sorts of nefarious activities, including assault and damage. This has been going on since 1998. The case against the women was dropped as it appeared in court and undisclosed damages were awarded to the two women. A belated apology was made to those young ladies, ordinary citizens to whom a great deal of damage was caused. We have been waiting for this report for some time. The Garda Commissioner was tweaking it on the last occasion I asked a question on this matter in February. We still have not received details of the report other than that the Garda Commissioner does not intend to initiate any action. Has the Minister for Justice, Equality and Law Reform asked the Garda Commissioner, the person entitled to take action on this matter, whether he should do so? I take it from the tenor of the response and some of the remarks made by the Minister of State that it left a good deal to be desired, was inherently unsatisfactory, very regrettable, etc. It seems at the very least that the Minister should examine why that report cannot be acted on in a more efficient fashion in relation to those people, members of the Garda Síochána, who behaved in this criminal fashion.
Approximately €1 million is spent each year on damages of this nature which are generally settled out of court. Is it proper that taxpayers' money should be used for this purpose? Will the Minister agree to establish an ombudsman to deal with such allegations?
The Deputy has raised a number of questions. I am personally aware of the circumstances of this case and I share his view that it is a serious one. In relation to the decision of the Garda Commissioner, the Deputy will appreciate that the matter of the initiation of disciplinary proceedings is left by legislation to a determination by the Garda Commissioner. I am not satisfied that it would be proper in those circumstances for the Minister to initiate an approach to the Garda Commissioner. It might well cause any subsequent disciplinary proceedings to be challenged in the courts for improper interference on the part of the Minister.
The time allocated for this question has expired. I must call Question No. 130 because I do not want to deprive the Deputy who tabled it of the opportunity to raise his question.
I ask the Minister of State to relay my request to the Minister that the Garda Commission would be requested to take action on this issue if that can be done.
I will outline the Deputy's comments to the Minister.
That completes Priority Questions. We will now deal with Other Questions.
