Liz O'Donnell (Dublin South, Progressive Democrats)

The Minister has indicated that he was very unhappy with this and we have more to hear about this aspect of the case. The depressing fact is that all the honourable values we normally associate with the Garda Síochána have been besmirched by these events. A huge volume of evidence was heard by Mr. Justice Morris and the report contains detailed analysis, conclusions and recommendations.

It has been outlined what the gardaí did and did not do. They did not preserve the body or the clothing of Mr. Barron at the hospital and did not make inquiries locally immediately after the accident. They did not ensure a forensic post mortem was carried out. These were all terrible mistakes, but worse was to follow. The tribunal finds that the gardaí were consumed by the notion that Frank McBrearty Jr. and Mark McConnell were guilty. There had been no murder and the two men were completely innocent. Most shockingly, evidence to the contrary was rejected.

This is a total abuse of power by the Garda Síochána. We entrust the Garda with unique and immense power that is central to the functioning of democracy because it separates the State from every other actor in society. We confer the monopoly of the use of coercive force on the State, the power to arrest, detain and even use force. The State, in turn, exercises this power via the Garda Síochána and the Prison Service. That the Garda became so consumed by an untruth that it rejected contrary evidence and pursued innocent citizens was a fundamental abuse of power as well as a crime against the people.

Those members of the force most directly implicated in grave misconduct or grossly negligent management have been dismissed or have retired. Worryingly, serving members of the Garda are also severely criticised in the report. This places a burden of responsibility on the Garda Commissioner as well as on the Government in respect of senior officers. There are disciplinary implications and the report has been sent to the Director of Public Prosecutions. Given the gravity of these matters, meaningful sanctions are appropriate.

The Garda Bill is before the House next week and I share the concerns of Deputies that there may not be enough time to go into the appropriate reviews that have been recommended by Mr. Justice Morris. The issue of accountability of the Garda via the Minister for Justice, Equality and Law Reform has always been problematical — the Minister referred to that this morning. Independence and accountability can be mutually exclusive, but we can have both. One can be independent and accountable. In my experience problems regularly present regarding operational matters. There has been a deliberate resistance to develop a satisfactory level of accountability for operational matters by successive Garda Commissioners. I have always found this unsatisfactory. Given the powers vested, which we have seen are open to abuse, we need real accountability for operational matters, not just for policy.

I find it somewhat bizarre that the tribunal is pursuing the case against the Deputies, on appeal to the Supreme Court, in regard to the attempt by the tribunal to access phone and other records of those Deputies who were carrying out their constitutional duty to hold the Government to account. I believe that they have an absolute entitlement to protect their sources. All Deputies must be able to protect our sources when carrying out our constitutional functions. This privilege is a cornerstone in our weaponry as Deputies and is correctly being defended by the Houses of the Oireachtas. Whatever about the pressures that come on Deputies who pose unpalatable parliamentary questions in the public interest, it would be unconscionable to remove the protection of anonymity and privilege on those citizens who come to Deputies asking us to raise these questions. We enjoy parliamentary privilege for good reason and our papers, records and sources must be protected.

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