Clare Daly (Dublin North, Socialist Party) | Oireachtas source

The last time the Minister for Justice and Equality was before the House to answer Minister's questions at the end of February I asked him to conduct an independent inquiry into the Garda treatment of Ian Bailey. His response was that it was the subject of legal proceedings and that it would be inappropriate for him to comment. He did not answer the question. Now, six weeks later we are being told that a commission of investigation is being set up. The terms of reference that the Taoiseach referred to earlier include an examination of whether there was any evidence of unlawful Garda activity towards Ian Bailey, but evidence of unlawful Garda activity towards Ian Bailey has been known by this State since 2001 and the DPP's report. Information has been available on fitting up and on the supply and distribution of drugs by members of An Garda Síochána in that case. In 2006, Marie Farrell went to everybody and told how the gardaí had done favours for her in return for giving evidence against Ian Bailey. It is correct, as Deputy Mac Lochlainn said, that there are rumours that French prosecutors, with the permission of the Minister, are back on these shores to examine what we now know - and have known for some time - was a corrupt and false Garda investigation into the horrific murder of a French national. There are members of the French legal system in the Visitors Gallery today because this story has become international.

That case was horrendous but it was not the only case dealt with by gardaí in west Cork. If the Government was serious about getting to the bottom of how the Garda operates in this State, then the entire operation of the west Cork force should be brought under the remit of the commission of investigation. So too should other stations around the country that crop up more often than others - districts like Tullamore, Cavan and Limerick, for example.

This inquiry must be held in the open and it must be fully resourced. The O'Mahony internal inquiry had around 30 people working on it full time. There needs to be a full complement of senior counsel put on this case. We need to know what will be examined - it cannot be left to the Judge. I appreciate the fact that the terms of reference leave open the question of the prison recordings but that is not good enough. This is a very serious matter. Prisoners' telephone calls with their solicitors were taped. I do not agree with what Michael Donnellan has said in this regard. I believe that information was known by the State. I have evidence which suggests that last year, gardaí from Tullamore sought access to recordings of calls between a solicitor and prisoner in the Midlands Prison. I believe this was well known. These things are not in the past.

I think the Taoiseach and his friend the Tánaiste were trying to say that a line has been drawn, that they are now in favour of new appointments and a new, independent police authority but how could anybody take that seriously, given that the Taoiseach vilified that idea last year and said it was not necessary? The Taoiseach is presiding over a dysfunctional police force at the moment and he needs to do a lot more than this which is, in some ways, a side-show. If the Taoiseach was serious he would be establishing a thorough commission of investigation into far more than the matters at hand and we would be deciding the terms here.

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