Jim O'Keeffe (Cork South West, Fine Gael)

His remarks and approach must be fully debated and a mechanism put in place to absolutely ensure that, in theory and practice, we open up that door. I want to hear a great deal more about how that will be done.

A third issue that has not been touched on in the Morris report but to which I will refer nevertheless is that of outside interests by members of the Garda Síochána and whether there should be accountability for that. I do not deny the right of members of the Garda Síochána to be involved in interests outside the force but I would be somewhat concerned if such interests were to interfere with their duties. In my days practising as a solicitor in west Cork, I recollect a member of the force who had the reputation of being far better at chasing bullocks than chasing criminals. Everybody, including me, thought this situation was being kept under control by the superintendent and that his major activities were devoted to his Garda duties. In light of the comments and criticisms of Mr. Justice Morris, I wonder if that was so. This is another issue we should look at and whether it may have to be dealt with by way of a declaration of interests in a register, as is provided for Members of the Oireachtas.

The main point is that we have to give more detailed consideration to the Morris tribunal's worthy recommendations. From the point of view of the Garda Síochána, absolute accountability is the key to the effectiveness and efficiency of the force and to the restoration of full confidence in its operation. It is obvious to me and to the Fine Gael Party that a mechanism must be established to oversee the rapid implementation of the recommendations in the report from Mr. Justice Morris and the redevelopment of the force under the structures and within the system provided for in the new legislation when finalised and in operation.

One option which deserves serious consideration is the establishment of an Oireachtas security committee to which the Minister for Justice, Equality and Law Reform, his officials and the Garda Commissioner would regularly report. This committee could also call on international expertise to ensure that international best practice is identified and applied by the force. The committee should also have the power to summon individual members of the Garda for questioning. If such a committee had been in place in the past, we might not have had the need to call on Mr. Justice Morris in the first place.

Anyone can see that the Minister who is promoting this Bill and the senior gardaí who are advising him are intrinsically linked with the issues dealt with by the Morris tribunal. I say that in a neutral rather than an adversarial way. There is a linkage. That is why I call for external oversight of the force, and who better than the representatives of the people elected to this House?

The decision of the Commissioner to transfer five gardaí on full salary to Dublin, which was criticised in the report, has done nothing to bolster confidence that the lessons from Mr. Justice Morris have been learnt. He may have a justified reason but it has not emerged. An Oireachtas security committee would provide a mechanism by which such actions could be called into account, clarified and explained. The Fine Gael Party envisages that such a committee would be a powerful one, akin to the Committee of Public Accounts, with the necessary independence and resources that would be fortified by following the PAC example of having an Opposition chairman.

Consideration should be given to inserting in the Bill a further provision for review. A security committee would provide oversight of its provisions. The coming months should be used to "Morris-proof" the Bill. At some point in the future we should appoint a commission of review for the Garda Síochána. I do not insist that it should be set up immediately but I believe that in principle it must be put in place, and it is only a question of when this will be done. One way of dealing with it is to provide in the Bill for a statutory review of its provisions and their success or otherwise after a period of time, perhaps two years. I would envisage a major review along the lines of the Patten inquiry which would be led by an international figure. It would be essential to have this in the Bill if we are not to set up a review at this juncture.

The Minister has stated with confidence that the Bill will succeed and that it provides a framework for a modern, efficient and clean Garda Síochána. He may be right, but it would keep everyone up to the mark in the knowledge that a full independent commission of review was around the corner.

I have some serious remarks to make in regard to the Minister's attempt to draw the rainbow Government into his Government's inept handling of the McBrearty case. I considered it a sign of desperation from a Minister who is clearly beginning to feel the pressure. He is aware, and his remarks this morning clarified this to some extent——

See this speech in context