Dáil debates

Wednesday, 29 November 2006

4:00 pm

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

We are here to discuss the findings and conclusions of a number of important reports. I pay tribute to all those associated with the production of the Morris, Barr, Birmingham and Nally reports. Those who worked in producing those excellent reports have been of service to the State. While one might not agree with every expression or recommendation in the reports, those involved made an honest effort in their work for which I am thankful.

It is important to bear in mind that these were high profile reports into high profile issues. When we speak about what must follow on from the reports, we must also bear in mind that there were individual cases where issues were not properly dealt with. Another one has been uncovered. It arises from the tragic death of a young County Offaly man, Shane Tuohey, five years ago which has been the subject of investigation by Philip Boucher-Hayes of RTE. We cannot forget that such individual cases need to be considered and brought to a conclusion that can give closure to the families involved. I have tabled a question to the Minister which will seek information on the Garda investigation into that case. It will be interesting to establish whether the Minister finds it necessary to have some form of independent investigation. That is just one example of many instances in the past. Let us hope that in future we will have in place a process and institutional arrangements to ensure such questions will not have to be addressed again.

I strongly believe Ireland has benefited greatly from the Garda Síochána. It has been staffed by dedicated men and women and has a proud tradition going back to the foundation of the State. Ireland is rare in having an unarmed police force and we must be grateful to W.T. Cosgrave, Kevin O'Higgins and the other founders of the State for this.

Despite the focus on the problems that have emerged around the country and in different parts of the force, we must bear in mind that through the teething of the Free State and more recently during the Troubles, gardaí have acted valiantly to secure our State and protect its citizens. Unfortunately, there have been a number of incidents in recent years arising from the deplorable actions of a number of individuals. These have been well publicised and the good name of the force has been brought into considerable disrepute. Even more troubling was the evidence of indiscipline and elements of cover up of such indiscipline. This gave an indication of the development of a culture which was removed from the core mission of the Garda Síochána which is to serve the State and its citizens. Everyone in this House will want to see a refocusing and redirection arising from these reports which will ensure the core mission is established at the centre of the Garda's approach.

The revelations made by the Morris tribunal, and to some extent the other reports, have severely damaged the Garda Síochána and deeply affected public confidence in the organisation. Unfortunately, the alarming circumstance now exists where some members of the public second guess the motivation of Garda decisions, doubt the bona fides of individual members and question the honesty of the force. The revelations of Garda behaviour, particularly in Donegal, were shocking in the extreme. Many of us could not believe there were gardaí who had the audacity to undermine the rule of law so subversively and to deliberately deprive innocent citizens of their rights to liberty, fair process and the presumption of innocence. However, others had seen some of that at first hand and were not too surprised. As it turned out, some individuals within the Garda Síochána were, in no uncertain terms, corrupt, unscrupulous and ruthless.

It is incumbent on us as legislators and on the Government to confront this decline in confidence, to address the root causes of it, and to implement changes and reforms that will truly turn around the Garda. This must be done not just in terms of public perception, but also the efficacy of the organisation as a force for law and order.

The Garda Síochána must be equipped to deal with the 21st century problems it now faces, such as international crime, drug trafficking, gun crime, gang warfare, anti-social behaviour, juvenile delinquency and violent crime. The Garda must prepare for the challenges it faces through reform. Refusal to reform, along with the failure of systems to prevent corruption, mismanagement, rising crime and falling detection rates, have been responsible for the decline in confidence in the Garda.

I am not convinced the current Minister for Justice, Equality and Law Reform acknowledges the extent of this problem. He sees criticisms from the Opposition as a reflection on his ministerial record. He repeatedly tells us about more investment in the Garda. Everyone knows the Government can spend money, but the outcome arising from expenditure is the basis on which we must evaluate its performance. The Minister has enacted many Bills and claims that things are really not as bad as Fine Gael has been saying, alleging that we are manipulating the figures. The figures are independently available to the Minister and everybody else. I do not accept the Minister's approach on these issues. I do not accept that investment equals results. I do not accept that law equals order. I simply do not have confidence that the Government has the political will to deliver the kind of change the Garda Síochána must see.

Contrary to what the Minister for Justice, Equality and Law Reform has been saying, Fine Gael has not been cooking the numbers or making statements that cannot be backed up with evidence. When we make criticisms on law and order, we use figures published by the Central Statistics Office, the Department of Justice, Equality and Law Reform, and the Garda itself. The Minister is probably frustrated that these statistics belie the claims he makes about improved law and order. One does not even need to ask the Department for figures. A cursory discussion with any member of the public will reveal that things are worse than they ever have been. People do not feel safe in their homes and they feel the gardaí are no longer in control.

Fine Gael wants to see the Garda Síochána as the best police force in the world. We do not want it to be just good, nor adequate, but excellent and widely referred to as such around the globe. We would expect optimum results in the prevention and detection of crime from such a force.

What will Fine Gael do differently? What will the next Fine Gael-Labour Government do to remedy the problems with policing? We believe we need to implement change at two different levels. We see the need for change at the organisational level, specifically institutional change to an outdated structure to bring it into line with best international practice, thereby returning accountability and transparency to a force desperately in need of it. We also see the need for change at community level, where communities need to be policed by real, dedicated gardaí whose only concern is the welfare and safety of that community. This is the only way to restore full public confidence in our police force and to get the best from the Garda in the future.

The Minister made a rather inflammatory remark when he spoke of calls for the establishment of a police authority. Through the accountability of the office he holds and that of the Garda Commissioner, he sees Dáil Éireann as Ireland's police authority. He sees that as the most appropriate mechanism for the democratic oversight for a modern police force and security service. I have long advocated the establishment of effective parliamentary oversight through a security and policing committee, which would be an advantage. As somebody who has been a Member of this House for a long time and who is a member of the Joint Committee on Justice, Equality, Defence and Women's Rights, I know it is not possible, under present procedures, to have Oireachtas oversight.

Fine Gael believes the time is right to establish an independent Garda authority. We have listened to the views for and against and at this stage, the time is right for the establishment of such an independent Garda authority that would incorporate——

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