I welcome the fact the Minister has accepted the concept of the ombudsman. If we accept that position, it is important the staff and resources for the ombudsman's office are put in place. I note the Minister stated it would only have half the staff of the ombudsman's office in the North. If it is to work, resources must be invested.
The Minister referred to a divided, polarised society. I want to give an example of how people have been polarised and have lost faith in the system. Anyone who has attended court proceedings in the State has regularly encountered wheeling and dealing at the back of the court. Also, a situation arises whereby solicitors in cases of alleged Garda brutality, where a formal complaint has been made, recommend to their clients that they withdraw their complaints for fear of victimisation. Of 1,200 complaints processed by the Garda Síochána Complaints Board, some 600 were ruled out. The usual excuse for this was that the complaints were vexatious, mischievous or time-wasting. It is clear the system is not working and that the public do not have faith in it. The office of the ombudsman would work.
I was consulted by a woman whose son died in Garda custody in my area. She had not heard anything from the Garda authorities in the seven months following her son's death. The man died in Tallaght and the case was investigated by gardaí from another area. However, the family was not informed of the details. I put a question down at the time — I understand it was on 19 January last — and received a letter stating the Garda authorities had been in touch with the family. However, they were only in touch with the family on the back of my request. I informed them this was not acceptable. The woman felt let down because she did not know the reason for the delay, whereas I was told it was due to the wait for a toxicology report. Moreover, the woman's son had been in Tallaght Hospital yet nobody from the hospital had been in touch to tell her what medication he had been on. It is one example of system failure.
Reference has been made in the debate to the situation in Donegal and the resignation of members of the Garda Síochána there and so on. A further example from my area involves the case of a young man, Kevin O'Reilly, who was stabbed and died. His father called for an independent inquiry but the case collapsed. That man cannot have closure on his son's death. It was another case of gardaí investigating gardaí. The father made serious allegations that many of those involved in that case may have been involved in collusion with gardaí and were Garda informers.
A number of cases have arisen in my area. A young man, Stephen Hughes-Connors, died in a den in the Rossfield area. The prime suspect in the case and his girlfriend have never been interviewed. The view in the locality is that it was a slipshod investigation by the Garda Síochána. As with the other cases, the victim's mother and her family are left without closure while some of the gardaí involved in the investigation have resigned or moved on.
It was always assumed there was no police corruption in this State. However, we need only examine the newspapers to find examples of it. In the past there was a crazy situation in that while there were corrupt Irish police all over the world, there were none in Ireland. That is nonsense. Gardaí have abused their positions and there has been criticism in the past, although that is not to take away from those doing positive work in the community. The involvement of gardaí in corruption undermines the force and those gardaí who have served the force well, in many cases for the best part of their lives. This is why it is important we get the Bill right and have the time to debate it.
On the office of the ombudsman, I favour a single ombudsman. It is easier to identify with one individual. I listened to the Minister's point about having a chairperson and perhaps a spokesperson. However, for many the point is not whether there is one or three people but that the Minister is worried a strong, independent individual would be appointed to the position, which was a concern voiced to me. There is confusion as to why the Minister has not opted for a one-person ombudsman's office. While I noted his reference to other areas of the world, there is a question of credibility on this issue.
The Minister talked in terms of simple solutions. He gave an example of the three judges of the Special Criminal Court. However, many of those aware of the workings of the Special Criminal Court will look back on the prime example of the sleeping judge. The simple solution in that instance was that there was a judge on either side to wake up the sleeping judge with an elbow. A three-person panel is not always the solution.
I have no difficulty with the idea of having more people available to carry out investigatory work. Many individuals will make complaints if the system is seen to be fair. I have listened to what gardaí have said and they are not happy with the idea of being investigated by other gardaí. That is a positive move by them.
Many difficulties exist and in many communities Garda credibility is on the line. If we hear of assaults in Garda stations, particularly in this city, and people constantly coming to the courts claiming they were assaulted in a Garda station, it raises the hackles of anyone in public life.
It is important the Minister and the Executive listen and make themselves aware of what is happening within the Garda Síochána. I see the ombudsman having a listening role. In the past people felt it was not politically correct or right for people to criticise what the Garda Síochána did. For some unknown reason it was thought this would take away from the good work of the majority of gardaí. That mentality has weakened the position of the Garda Síochána in many communities.
A number of years ago in my area we had a drug epidemic and the number of people in the area on drugs was above the national average. People were forced into going out in huts to monitor the role of drug dealers. On one occasion a stolen car in the area was recovered by people in the huts. Gardaí came to the area, recovered the car from local residents and left. Some time later a woman called to say she had heard from local gardaí that the car had been recovered and that she was coming to collect it. To my knowledge, that car was never recovered by the woman and a question mark lies over the incident. We had corrupt gardaí in Tallaght. One was expelled from the force because of his involvement with the gang that allegedly killed Veronica Guerin. There are isolated cases and individuals involved in this.
It is important that procedures be put in place and that they be open and transparent. A person with credibility in the justice system should have the role of ombudsman and the selection process should reflect this. The key has to be finance and resources if we are to put in place structures that will work.
