Enda Kenny (Mayo, Fine Gael) | Oireachtas source

Everybody can understand how sensitive and important this is for people who are victims of crime, particularly the family of a good woman who was murdered. No more than the victims of any other crime committed throughout the country, people have a right to have trust and confidence in our justice system. Public confidence in An Garda Síochána and in its oversight is rightly an issue of great importance to this House and the Members who serve here.

In recent weeks a number of events have served to weaken and undermine that confidence. I am determined that public confidence in these fundamental institutions be maintained and rebuilt. The best way of achieving that is to establish the truth in all of these matters. To this end, the Government today made three decisions. First, we approved an amendment to the Protected Disclosures Bill 2013, currently before the House, which will enable serving gardaí to bring complaints directly to the Garda Síochána Ombudsman Commission. Second, we decided that pending the enactment of this legislation, an interim confidential recipient will be appointed to receive complaints from serving gardaí. The Minister for Justice and Equality was mandated to proceed with the required consultation with those who have to be consulted so that an appointment can proceed quickly. Third, we decided to appoint Mr. Seán Guerin SC, an experienced and respected criminal lawyer to conduct an assessment of the various issues and allegations that have been raised by Sergeant Maurice McCabe since 2008.

As Members are aware, Deputy Martin gave me material from Garda McCabe last week which contains very serious allegations against members of the force. I am aware, as is everyone else, that the good sergeant has been in contact with the Garda authorities, GSOC, the Department of Justice and Equality, the Department of Transport, Tourism and Sport, the Department of the Taoiseach, the Committee of Public Accounts, other Members of the Oireachtas and the media, as is his right. Much of that correspondence related to the penalty points issue which was the subject of the report by Garda Assistant Commissioner O'Mahony that was published last year.

The issues raised in the material given to me by Deputy Martin do not relate to penalty points. Most of the incidents mentioned have now been publicised in the media, whether in newspaper reports or on television. They include a number of very serious allegations against people, including serving members of the Garda Síochána, which I am not in position either to investigate or verify. Many of these allegations have been the subject of investigation by senior gardaí, the Garda Síochána Ombudsman Commission and-or the Director of Public Prosecutions. In some cases, people have been tried and convicted. In addition, we must all be mindful that there are currently at least two court cases ongoing which relate directly to these issues. In dealing with these matters, therefore, it is important to remember that these were not victimless crimes. They have been very painful for victims and families, as alluded to by Deputy Martin. That is why I regard the issues as being very serious and I have considered them carefully.

However, I am not in a position to verify the veracity of or investigate the claims. Nor would it be feasible or appropriate for me to seek to investigate whether and how these matters were dealt with by the Garda authorities, GSOC and the DPP, all of whom are, quite properly, independent in the conduct of their responsibilities. I am, however, acutely conscious that the scale of the public discussion around these matters could have implications for confidence in the administration of justice in our country. There is a need to address these concerns and put in place a process that can do so quickly and effectively. For that reason, the Government has asked an independent and objective legal expert, Mr. Seán Guerin SC, to examine and assess all the relevant papers and recommend what further action might be taken. If he recommends that a commission of investigation should be established, it will be done. The terms of reference for this work are currently being finalised. The report, which we hope will be completed before the Easter recess, will be laid before the Oireachtas by me and published. I believe this is a prudent way to proceed in view of all of the comments, allegations and documents that surround these matters.

In addition, the Government agreed last week that recent events have now given rise to a clear need to review the operation of the oversight structure and the relevant legislation. That is why the proposed hearings by the Oireachtas justice committee into these matters are crucial. I hope they can commence as soon as possible. Mr. Justice Cooke may also make recommendations in that regard, as may Mr. Guerin. My intention is that the Government will bring forward proposals for the reform of the current Garda oversight and complaints systems by the summer. It is my clear view that the current system is not working as effectively as our citizens and our police force deserve and our democracy requires. It must be modernised and reformed.

Tomorrow, I intend to have statements in the House all day, except for Leaders' Questions, to be led off by the Minister for Justice and Equality. The Minister is quite happy to attend and will finish up those statements with a question and answer session for any Members of the House who wish to ask him questions.

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