Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

Chomh maith leis an méid a bhí le rá ag an Teachta Cuffe, deirim é seo. Caithfimid smaoineamh sa chás seo go bhfuilimid ag caint ar rud truamhéalach. Tá triúr daoine a bhí gafa leis an chás tragóideach seo marbh, beirt acu marfa ag duine éigin agus duine eile a fuair bás ó shin, Sylvia Shiels, Mary Callinan agus Dean Lyons. Ní gá go mbeadh sé chomh tragóideach is atá agus a bhí sé, dá ndéanfadh na gardaí an obair cheart ag an am. Ní bheimis ag déileáil leis an cheist seo anois, cúpla bliain ina dhiaidh sin.

It will be crucial to get right the terms of reference of the commission of inquiry if the wrongs inflicted on and suffered by the late Dean Lyons and his family are to be redressed to any degree. It is also important to examine the circumstances which gave rise to a case in which a vulnerable young man appears to have been set up by a garda or gardaí who, acting with impunity, manufactured a false confession and then sought to cover it up.

My colleague, Deputy Crowe, will examine the terms of reference of the commission of investigation and expert group and outline changes required to ensure they deliver the correct outcome. The Garda has always appeared to be able to operate with carte blanche in conducting its activities. Historically, one need only examine the role of the Broy harriers or, in more recent times, the activities of the Garda special branch over the past 30 years, including, for example, the role of the heavy gang, the Sallins case and the assassination of Eddie Fullerton. Inevitably, the culture prevailing in the special branch spread into other areas of Garda activity resulting in tragic cases such as those of Dean Lyons, Brian Rossiter, Terence Wheelock and John Moloney. The ultimate outcome was a force engulfed by a culture of unaccountability and impunity and a State willing to continuously turn a blind eye to its activities. If positive change is to occur, the prevailing culture in which members of the Garda Síochána are willing to cover up for their colleagues, as was the case in the Reclaim the Streets assaults or what is emerging from the Morris tribunal, must be replaced.

In light of the cases I raise and to prevent further travesties and injustice, Sinn Féin calls on the Government to instruct the Minister for Justice, Equality and Law Reform to adopt, even at this late stage, the full Patten model for Garda reform, including a Garda ombudsman with at least equivalent powers to those of Nuala O'Loan, the PSNI Ombudsman, to fulfil a complaints investigation function in line with the Government's obligation under strand three of the Good Friday Agreement that it must ensure at least an equivalent level of protection with regard to human rights safeguards.

Sinn Féin intends to table an amendment to the Criminal Justice Bill, which will introduce a statutory requirement for all Garda interrogations relating to serious crimes to be videotaped, following from the recommendation of the Martin committee in 1990, and that the corridors of Garda stations also be videotaped. It is in these corridors that regular beatings occur with the result that vulnerable people such as Dean Lyons sign confessions for crimes they have not committed. Rather than doing proper police work and the investigative, laborious slog this entails, many gardaí prefer the easy option of beating confessions out of people. This culture must be eradicated and the Garda Síochána, from top management down, must cease allowing practices of this nature to continue in stations in this city.

Revealing, understanding and accounting for the actions of everyone involved in the case to be investigated by the commission of inquiry is not only important to redress the wrongs suffered by Dean Lyons, his family and the families of Mary Callinan and Sylvia Shiels, it has broader implications for the much needed transition to a just society. If we fail to deal with all the pertinent issues surrounding the Dean Lyons case, among others, it will continue to loom over us and pose a threat to the future stability of and confidence in the Garda Síochána and the justice system. Such confidence is required and we must all strive to achieve it. It will not emerge unless the Garda Síochána and the judicial system are willing to own up to the mistakes of the past.

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