Dinny McGinley (Donegal South West, Fine Gael)

As an Oireachtas representative for Donegal, I will approach this matter from a slightly different perspective being familiar with many of the main characters involved in this saga that has been going on since 1996.

The tragic death of Richie Barron on the side of a road outside Raphoe in the early hours of 14 October 1996 triggered a chain of events that has reverberated not only throughout County Donegal but throughout the entire country and has rocked our confidence in one of the institutions of our State.

The immediate and often forgotten victim of that night's tragedy was Richie Barron, an honest, hardworking industrious man, whose life was abruptly cut short at the age of 54. If Richie Barron were alive today he would still be a relatively young man of 63 years, not even pension age.

In the ensuing welter of reports, inquiries and tribunals, the fate of Mr. Barron and his immediate family is often overlooked and forgotten. Let us never forget that a man, a husband, a father, a grandfather has been taken from the bosom of his family, and to this day we cannot say, despite all the investigations, exactly how it happened. We do not yet know who was responsible for the death of Richie Barron.

It is only right that I, as a County Donegal representative in the Oireachtas, put on the record of this House the trauma and suffering of the Barron family. Many other Donegal families were drawn into this unbelievable vortex of mismanagement and sheer ineptitude. First among them are the McBrearty and McConnell families who were subjected to a degree of harassment, intimidation and victimisation that one would only expect to occur in some of the most undemocratic regimes in the world. These families, the McBreartys and their cousins the McConnells, were subjected to wrongful arrests, trumped up murder charges, false confessions and mental torture over a prolonged period. Only for the tenacity, courage and perseverance of Frank McBrearty Sn., his son Frank Jr. and Mark McConnell could today be languishing in Mountjoy jail serving a life sentence on a trumped up murder charge.

Today it is right and proper that we should salute the sheer determination of Frank McBrearty and acknowledge his contribution in ripping open the tissue of lies and deceit that permeated almost every aspect of the investigation of Richie Barron's death in Donegal. His courage and steadfastness has contributed immensely in bringing us somewhere nearer the truth as to what happened in Raphoe that night. We now know that there was no murder in Raphoe that night, just a sordid attempt at framing two innocent family men.

To indicate the official thinking in Raphoe and elsewhere in Donegal at that time, I wish to quote from a letter that is in the public domain that was sent to all Garda units in Donegal almost two years after Richie Barron's death. It states:

Re: Campaign to discredit Gardaí in Donegal Division.

I refer to the attempts to discredit Gardaí from this Division and other Members involved in the Barron investigation.

There is information to hand which suggest that Frank McBrearty (Senior) from Raphoe is financing a campaign to discredit Members of the Force. The campaign is being operated mostly by Mr. Billy Flynn, and sometimes trading as Zimmermann & Co from Enfield, Co. Meath.

Members of your District Force, and Gardaí who assisted in the investigation into the Richard Barron death should be notified of this matter, and directed to report any incidents or unusual contact that may occur either with Mr. McBrearty and his extended family or Mr. Flynn and his employees.

This document is for Garda use only and is Confidential.

That letter is signed by the chief superintendent in Donegal at that time. Almost two years after that tragic death that was the official attitude at a very senior level in Donegal

Other families in Donegal, such as the Peoples, Quinns, Gallaghers, and anyone who listened to Vincent Browne's programme last night or the night before would understand what they went through, including the Crossans, all of whom were innocent and were dragged into this investigation based on rumours, lies and innuendo. The above incidents eventually led, after a protracted period of five years, to the establishment of the Morris tribunal investigating the activities of some members of the Donegal Garda force.

We now have the second Morris report. It would be an understatement to say that our confidence in those who conducted the Garda investigation in Donegal has been diminished. It would be more accurate to state that the findings have been shocking, frightening and unbelievable. It would tax the imagination and the writing ability of the most talented crime writer in the world to come up with such a bizarre story. What has come out in this report and its predecessor is certainly stranger than fiction. A small number — a minority — of gardaí did an injustice to the hard work and dedication of the majority of their colleagues in Donegal. Accountability was seriously deficient. The normal checks and balances were absent and the driving force seems to have been the prospect of promotional opportunities. At this stage the most pertinent question must be how to reform the system that allowed this to happen on our doorstep. Inevitably we begin to focus in on the people whose leadership was found by Mr. Justice Morris to be "prejudiced, tendentious and utterly negligent".

Public criticism of the Garda Síochána has never been part of my agenda and I have looked upon it as society's bulwark against anarchy. Gardaí serving in Donegal during the past 30 years have had to endure situations and face dangers not experienced by members in other parts of the country. The Troubles in Northern Ireland were more keenly felt in Donegal than possibly any other southern county and the gardaí in Donegal were always available to protect us and our democratic institutions. For that service and commitment we are grateful.

However, the activities engaged in by a small number were shocking and frightening and possibly criminal. They have done a great disservice not alone to themselves and their families but also to the majority of their colleagues who are as shocked at the findings of the Morris tribunal as the rest of us. How can we ensure we do not have a repeat of what Mr. Justice Morris found in Donegal? How can we be sure that similar activities are not being perpetrated in other parts of the country? That is our challenge.

There are a number of people whose views and opinions should be considered when contemplating changes and establishing proper accountability in the operations of the Garda Síochána. First, the views and recommendations of Mr. Justice Morris must be considered. It is difficult to believe that his proposals on reforming the force, first published a year ago and pointedly repeated in the second report, have not yet been acted upon fully. I am glad the Minister is contemplating incorporating some of these into the Garda Bill. Second, the views of Senator Maurice Hayes, who more than anyone else except possibly Patten was responsible for the complete transformation of the police in Northern Ireland, on recruitment, training, the inspectorate, an independent police authority, the powers of the ombudsman and rights of access to police stations must not be dismissed. He speaks from vast experience. He has a proven track record and his opinions should not be discarded lightly. I hope the Minister will bear that in mind.

It is generally accepted that the Police Service of Northern Ireland is unique. It is the only jurisdiction in the world, so far as I know, where all complaints against the police are examined by an independent body. Previously all complaints against police in Northern Ireland were investigated by the police themselves, as is the position here. The Office of the Police Ombudsman is staffed by its own team of trained investigators, many from other jurisdictions, and is entirely independent of the police. The openness, transparency and accountability of the Police Service of Northern Ireland is the template for modern police services throughout the world and not only in Northern Ireland or here. and is an example for the rest of the world of what civilised societies should have to deal with their police.

Nuala O'Loan, the Police Ombudsman for Northern Ireland, has written and spoken on the efficiency and effectiveness of the operation and her views should be considered. I read an interesting article last Sunday or the previous Sunday in The Sunday Business Post and I hope the Minister is familiar with her opinions. While this is the end of the second chapter of this long book, there are quite a few chapters to come. Not everything has been revealed. There are families who have been mistreated by the institutions of the State and they will have to be compensated, particularly the families I mentioned at the beginning — the Barrons who lost their father, the head of their family, the McBreartys and the others. I hope we will not lose sight of what they have suffered when discussing this sad saga in our history.

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