John O'Donoghue (Kerry South, Fianna Fail)

The Garda Síochána has served this country exceptionally well since the foundation of the State and the majority of members, including those based in Donegal, have done so in a professional way and with the greatest of integrity. This State owes a great deal to the Garda Síochána which has stood as a bulwark of democracy, often in the most difficult of circumstances. Members of the Garda Síochána have been called upon to make the ultimate sacrifice in the service of the public.

However, it was a matter of great concern to me as Minister for Justice, Equality and Law Reform that individual members of the Garda Síochána might be implicated in wrongdoing. I consistently stated that it was essential for the reputation of the force that any alleged wrongdoing by members was investigated thoroughly and, if well-founded, appropriate disciplinary or criminal proceedings should be initiated. I was determined to see public confidence in the gardaí, in so far as it has been adversely affected by the events in Donegal, restored. I wanted to see the facts of the matter established, justice done and those who had engaged in criminal activities made accountable for their actions.

I always had an open door when it came to this issue. I met the Opposition spokespersons on justice, former Deputies Blaney and Gildea from Donegal, and at all times answered questions as fully and completely as possible. I also consistently pointed out that individuals had a constitutional right to the protection of their good name and a fair trial, that integral parts of our justice system are the presumption of innocence and the right to due process, and that I would not be party to any attempt to breach those rights by arbitrarily condemning individuals or trying to prejudge the outcome of proceedings.

I want also to refute in the strongest possible terms the politically motivated and mischievous suggestions made that I in any way was opposed to or hindered the establishment of a tribunal of inquiry in this case. The facts speak for themselves and belie these malevolent suggestions.

I was never against the principle of a public inquiry but clearly establishing a tribunal of inquiry was not something to be undertaken lightly. As far back as February 2001, I made it clear to Dáil Éireann that I had an open mind as regards the setting up of a tribunal. I stressed that I wanted to see the truth of this matter determined. I said that I wanted to see public confidence in the Garda restored. However, the question I posed then went to the heart of the problem. How do we do this in an open and transparent way without interfering with potential civil and criminal proceedings? This was a complex matter. I stated that the law, which provides for due process, cannot be shaped or moulded to fit the mood of the time. Rights must be respected. Due process must be protected. In the hierarchy of rights, the right to due process is a superior right. These are the fundamental principles which are the foundation of our legal system. I made it clear that I had not ruled out the option of holding a public inquiry but I was not convinced at that time that it would necessarily be the best way of dealing with the matter.

In the early hours of 10 October 1996, the body of Mr. Richard Barron was found on a roadside in Raphoe, County Donegal. Once again, I express my sympathy to the family of the late Mr. Barron. During the period 1997 and 1998, neither my officials nor the Garda Síochána drew my attention to any particular problem involving the Garda Síochána in Donegal. The first indication that I received from the Department or Garda Síochána that there might be a serious problem in Donegal was in April 1999. I satisfied myself that the various allegations were being taken seriously and investigated by the Garda at a high level, that the Garda Síochána Complaints Board was also investigating some aspects of the matter and that no further action on my part was appropriate until the investigation had progressed further. I was also aware that six persons had initiated civil actions arising from their questioning by gardaí. I was also aware that concerns about the handling of the investigation into the death of Mr. Barron had previously been raised with my predecessor, Nora Owen, in February 1997 by a Member of Seanad Éireann. I was kept aware, in a broad manner, during 1999 of developments. I was aware that the investigation was complex, that there seemed to be substance to some of the allegations and that the question of criminal prosecutions was likely to arise.

By early 2000 there were concerns that the Garda investigation had not yet been finalised. As early as March 2000, I considered the possibility of a public inquiry but did not pursue the matter as I was concerned that a public inquiry might delay resolution of the matter and pre-empt criminal proceedings. The indications were at that stage that a report being prepared by Assistant Commissioner Carty would be submitted to the Director of Public Prosecutions.

In August 2000, my Department received a report from the Garda Síochána that, arising from the investigations in Donegal, a number of criminal prosecutions were likely. In the circumstances, I took the view that we should await the decision of the Director of Public Prosecutions and not do anything that might prejudice possible criminal proceedings and allow any members of the Garda Síochána who had engaged in criminal behaviour to escape from the sanctions of the criminal law. That report of August 2000 was from Deputy Commissioner Noel Conroy and constituted a synopsis of the Carty investigation file which has been sent to the Director of Public Prosecutions.

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