Barry Ward (Fine Gael) | Oireachtas source

There are two issues I want to raise. The first arises from what we have just heard. I certainly will not contradict anyone on what they said, but could we explore a bit more the issues of natural justice that have been outlined? Two things were said that I am concerned about. First, on the issue that a garda can be investigated by GSOC without being on notice of that, I do not necessarily see that as a problem. On the other things that have been said about a garda being suspended while he or she does not know why, that is abhorrent and I have a significant problem with that. However, in the ordinary course, just as how someone can be under criminal investigation without being on notice until or unless such time as his or her input it required, I do not consider that a problem.

On the references to natural justice, the same provisions are open to gardaí -or are they not; contradict me if I am wrong - in terms of exploring breaches of natural justice through the courts, for example. The GRA or the AGSI might like to respond to this, but on the first point, on natural justice, there is no fettering of access to the courts. If a garda believed he or she was not being treated fairly by the system, by GSOC or whichever oversight body it might be, he or she would have recourse to the courts. Therefore, is there really a problem with a garda not being on notice of being under investigation, quite apart from the issue of not being aware of why he or she has been suspended, which is much more difficult?