Bertie Ahern (Dublin Central, Fianna Fail)

Disciplinary implications for members below the rank of superintendent are being examined by the Commissioner, so it is not the case that there is no disciplinary action. As I said, the transfer of members from Donegal is a completely separate matter from any disciplinary action that might be taken. This does not rule out that the Director of Public Prosecutions may decide to bring a prosecution against any member. The information in the Morris report is available to the DPP who is totally independent of the Minister. It would be inappropriate for the Minister to have any influence over the DPP in these matters. He has no say whatever in bringing prosecutions on these issues. It is incorrect to in any way blame the Minister on these issues.

As I said, last year there were dismissals and resignations from the force when the first report came out. Following the recent report, two members at superintendent level have indicated that they will retire. The Garda Commissioner said that not only will he shortly bring forward disciplinary actions but he will also outline a comprehensive package of management reforms. None of those issues is being ignored.

On the late Councillor Eddie Fullerton from Buncrana, the family has asked the Department to look at the case and I am aware of its long-held views on issues of collusion. I have no doubt those matters will be considered by the Minister.

I repeat that issues of accountability and of appointing an ombudsman were considered at length following the first report as were the options in respect of a complaints procedure. The Government considered all the options and came down in favour of a three-person ombudsman commission because with police ombudsman institutions there does not have to be a single person in charge and the complaints systems in other states have commissions with more than one person sitting on them — there are nine commissioners in the UK. Having a three-person commission, therefore, increases the chances of having an internal debate, which is welcome, before a decision is taken on matters of complaint. This is a considerable strengthening of the process that is there. It will certainly help matters in the future. The House should, and will, support these proposals.

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