Oireachtas Joint and Select Committees

Thursday, 30 March 2017

Joint Oireachtas Committee on Justice, Defence and Equality

Recent Controversies Concerning An Garda Síochána

9:00 am

Photo of Niall Ó DonnghaileNiall Ó Donnghaile (Sinn Fein) | Oireachtas source

I thank the Cathaoirleach for his guidance as always. I thank the Commissioner and her team for attending. A number of colleagues have tried to tease out with limited success through no fault of their own the mechanics and timelines around the disastrous controversies that the Commissioner has outlined. I want to home in primarily but not exclusively on the rather short statement the Commissioner made to the committee this morning. While I concede that I do not have the legal experience or prowess of some of my colleagues, I did note the Commissioner's very careful use of language in her opening lines. Even at this stage, I wonder why this disastrous controversy is regarded as either "grave mistakes" or "wrongdoing", especially as she later went on to concede in her oral contribution that we may be dealing with a situation in which gardaí knowingly submitted false information. The other scenario she offered up was that they did this somehow in error or through ignorance. I was always told and directed that ignorance of the law was no defence. Either way, I am curious to know why this is not a much more serious issue than simply a mistake or a wrongdoing.

In terms of the witness's own remarks and her contributions to the press over the last couple of days, I wonder whether she specifically informed the Minister for Justice and Equality before she or her organisation spoke to the press. When did she make the Minister aware of the scale of this controversy and of the falsified breath tests? What was the level of information that she offered to the Minister in that regard?

I understand we are under time pressure, but I wish to make a point that deeply troubles me and should cause this committee and the public great concern. It relates to the second last line of the witness's opening remarks today, in which she said, "My fear – my real fear - is that this falsification and these mistakes may not be confined to traffic data." I think the Commissioner does us and the public a terrible disservice by raising a red flag like that without expanding upon it. She raised that red flag and then told us she has no specific evidence. Has she limited evidence? Has she an idea? Has she had any kind of confidential disclosure? For example, has she had any detail around whether this data relates to the recovery of drugs, weapons and firearms, domestic violence statistics as referred to earlier today, or the arrest and registration of sex offenders? Where exactly are her concerns on this? The witness has spoken about leadership and I agree with her. At times of crisis in particular, there needs to be very strong leadership indicated. I do not think that coming in here and raising that red flag is showing leadership.

I think it is bordering on showing contempt for this committee and indeed the public. I would hate to think it was, worse again, in some way a red flag to try to distract from the controversies referred to today.

The Commissioner said if you overturn a stone you find something. I noted that Senator Conway referred to it and I was glad that other members were aware of what she said. One does not always find something when a stone is overturned. Sometimes one finds only grass or sand or the ground. It is a really insightful comment from the Commissioner about the scale of the cultural problems within her organisation. That is why public confidence is at rock bottom.

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