Dermot Ahern (Louth, Fianna Fail)

The sixth report made serious findings against a number of members of An Garda Síochána arising from the Barron investigation. It found that a number of persons were unlawfully arrested and detained and that some were mistreated in custody. The tribunal does not accept the evidence to it of several members of An Garda Síochána and strongly condemns the instances of mistreatment it uncovered. It goes without saying that members of the Barron family were also victims of this misconduct and I extend my sympathies to them for the grievous loss they have suffered.

The report made a number of recommendations, mainly centred on how improvements could be made to the law and practice relating to the conduct of interviews with persons in Garda custody, but also touching on other aspects of Garda investigations. I am, in consultation with the Garda Commissioner, carefully considering the recommendations, and I will propose any necessary proposals for change. On the positive side, I am happy to note that the report found no truth in the serious allegation that conversations between solicitors and persons detained in Letterkenny Garda station were secretly recorded by members of An Garda Síochána.

The seventh report uncovered a continuing pattern of harassment by some gardaí, as shown by the issuance of 68 summonses against associates of the McBrearty family and the finding that Detective Sergeant White planted drugs on Paul Quinn to "teach him a lesson". The members of the Garda Síochána impugned in the seventh report have already either been dismissed, have retired early or have resigned. The seventh report also confirms that the Garda Síochána Complaints Board had neither the statutory powers nor the resources to deal effectively with events on the scale of those that emerged in Donegal.

The eighth report concludes that the false allegations against two assistant commissioners were utterly without foundation and were constructed by Mr. Frank McBrearty senior, with the assistance of Mr. P.J. Togher, a former garda, from "numerous half-truths, lies and rumours". The tribunal also identified Mr. Martin Giblin, senior counsel, as the person who conveyed the information to Deputy Howlin.

The significant reforms which have taken place in the Garda Síochána in the last three years have arisen largely as a result of the findings and recommendations of the Morris tribunal. These include the enactment of the Garda Síochána Act 2005, the imposition of a duty to account on Garda members for any act or omission while on duty, new more streamlined Garda discipline regulations, a new Garda Ombudsman Commission and Garda inspectorate, a new merit based and performance related promotions regime, and the establishment of joint policing committees.

The tribunal recommends that the Committees on Procedure and Privileges of Dáil and Seanad Éireann urgently review the manner in which Members deal with allegations brought to their attention by so-called whistleblowers in order to guard against unfounded allegations being endowed with undeserved legitimacy. It is clear the tribunal is not opposed to the principle of whistleblowing per se. A key issue to emerge from the Morris tribunal's investigations was the lack of a whistleblower system for members of the Garda Síochána. In its third report, the tribunal recommended that "subject to safeguards, it should be possible for any serving member of An Garda Síochána to ring headquarters, and to speak in confidence with a designated officer, or group of officers, as to real concerns they may have as to misconduct within the organisation". The Garda Síochána (Corruption or Malpractice) Regulations 2007, which were made in April 2007, allow civilian employees as well as sworn members of the Garda Síochána to make confidential reports on any corruption or malpractice of which they become aware.

The tribunal has stated that the review it recommends should be addressed urgently by both Houses "with a view to ensuring an appropriate balance between the right of access of a whistleblower to his/her public representative, and the right of those subject to those allegations to be fairly treated and not made the subject of unfounded allegations that have been endowed with undeserved legitimacy because they were conveyed cynically and successfully to well-meaning Members of either House". In view of what happened in this case, the tribunal's recommendation is eminently sensible. I am sure the Committees on Procedure and Privileges of both Houses will consider these matters carefully.

All the reforms that have been undertaken, many of which arise from the findings and recommendations of the Morris tribunal, are helping to strengthen the Garda Síochána and to assist it in performing its vital role in today's Ireland. It is now an organisation that is more open to the outside. It has a new professionalism in its management development and selection systems. It is prepared as never before to perform its functions effectively, efficiently and fairly in responding to the needs of local communities. Thanks in large measure to the findings and recommendations of the Morris tribunal, we now have a system of oversight in place to ensure, as far as humanly possible, that the abuses uncovered by the tribunal do not recur.

I appreciate that Deputy Howlin has a particular interest in this issue. I emphasise that I could have ignored the issues that were raised by Mr. Justice Morris, particularly in the last two reports, which I read from cover to cover. However, it would have been a dereliction of my duty were I not to put on record my view as Minister for Justice, Equality and Law, a view that is shared by the officials in my Department, in terms of how this matter was handled.

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