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Dáil Éireann díospóireacht -
Wednesday, 15 Oct 2003

Vol. 572 No. 4

Written Answers. - Garda Disciplinary Proceedings.

Liz McManus

Ceist:

113 Ms McManus asked the Minister for Justice, Equality and Law Reform the disciplinary action taken against two gardaí based in Tallaght station as a result of the settling of a defamation case taken by a prominent solicitor, which was settled in the High Court on 9 June 2003; his views on whether the conduct of the gardaí in the case was totally incorrect; the steps being taken to prevent such conduct in future; and if he will make a statement on the matter. [23371/03]

Responsibility for the disciplinary process in respect of members of the Garda Síochána is a matter for the Garda Commissioner in accordance with the provisions of the Garda Síochána (Discipline) Regulations 1989.

I have been informed by the Garda Commissioner that disciplinary proceedings were commenced against two gardaí in respect of this matter. A monetary penalty was imposed in respect of one member and the disciplinary proceedings against the second member have not yet been finalised.

I have formally expressed my serious concerns to the Commissioner about the issues raised by the case concerning the treatment of persons in Garda custody. He agrees that the manner in which the accused was treated while in Garda custody, fell far short of what a citizen of this State is entitled to in terms of respecting and upholding the person's rights, and the way in which he, as Commissioner of the Garda Síochána, expects members of the force to carry out their duties.

The Garda Commissioner has also informed me that, as part of the policing plan 2003, the development of an enhanced interviewing techniques training course for designated operational members has been progressed and that international research and comparison in this area has been completed. In order to ensure that there is no recurrence of cases of this nature, or to ensure prompt intervention in any case causing concern, supervisors will monitor the interviewing of detained persons in Garda stations and if it is thought that any further training, or the issue of new guidelines is required, this will be attended to.

The Deputy will also be aware of the legislative proposals I have published on the establishment of an independent Garda inspectorate to investigate complaints against members of the force and which will have the powers of an ombudsman.
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