John O'Donoghue (Kerry South, Fianna Fail)

The general issue of Garda misconduct in Donegal continued to be raised in the Dáil and elsewhere during the latter half of 2000 and in the first half of 2001. I was concerned that the matter had yet to be resolved and that public confidence was being affected. However, there remained the concern that an inquiry might prejudice criminal proceedings. In May 2001, I wrote to the then Attorney General, Mr. McDowell SC, indicating that I was of the view that the nature of the Donegal situation was such that it required a comprehensive review that would examine and report on all aspects without interfering with potential civil and criminal proceedings and sought the Attorney General's advice as to whether I could proceed with an examination, be it a sworn inquiry or otherwise, while civil and criminal proceedings were pending.

The Attorney General replied on 25 June 2001 advising that the civil proceedings and criminal prosecutions should be allowed to run their full course before a tribunal could be considered. He made clear that he was advising on the matter without the benefit of seeing the full investigation report which was necessary for him to advise and brief counsel on pending civil actions against the State. I directed my officials to get copies of the report and pass it to the Attorney General. The Minister, Deputy McDowell, confirmed this account of the sequence of events in the House this morning.

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