Pat Rabbitte (Dublin South West, Labour)

We must remember Mr. Justice Morris's ominous conclusion that "of the gardaí serving in Donegal, it cannot be said that they are unrepresentative or an aberration from the generality". Mr. Justice Morris concluded that the Garda risked losing its character as a disciplined force amid "staggering indiscipline and insubordination". The most serious questions are raised about both the competence of Garda management and the degree to which the Department of Justice, Equality and Law Reform could or did exercise proper supervision over the service.

I am convinced that far from reflecting on a "dark period in our history" as if it has now been consigned to history, both the Minister and the Garda authorities must address insidious and deep-rooted malpractices which continue to damage trust between the Garda and the public every day. The objective is, as the Commissioner acknowledges, to provide professional, fair and effective policing to our community. He also acknowledges that "the powers and authority bestowed on individual members of An Garda Síochána carry immense responsibility", which must always be exercised proportionately in the pursuance of legitimate policing activity.

The issues probed by Morris are fundamental to our democracy and central to the public interest. Many law-abiding citizens already consider that the penalties imposed for gross misconduct previously identified by Morris were minimalist. From the very first of the Morris tribunal reports, the Labour Party argued there was a compelling case for fundamental structural and organisational Garda reform. There was, and I believe there remains, a culture within our policing service that permits or even encourages the covering up of unacceptable behaviour and goes into denial when it is exposed. Even a minor innovation, such as the Garda Reserve proposed by the former Minister for Justice, Equality and Law Reform, Michael McDowell, ran into the ground for one basic reason, that is, serving gardaí did not want to do their day-to-day jobs in the presence of outsiders who were not members of the club. Above all, we need a policing service that is unashamed to do its job openly and transparently in the full light of day and under full public scrutiny, which I believe is the intention of all young gardaí on leaving Templemore.

The Garda Síochána has previously operated with significant moral authority within the community, derived from a degree of mutual respect and a long and honourable tradition of trust. This trust has broken down. If we are to ensure that the abuses identified in the series of reports made by Mr. Justice Morris can never happen again, the Labour Party and I consider that two key reforms, thus far rejected by the Government, must be made. Both reforms are aimed at tearing down the veil of secrecy that surrounds the Garda Síochána and the Department of Justice, Equality and Law Reform, behind which they circle the wagons in collective self-defence.

First, we need an independent Garda authority, to stand between the Garda and the Department. Second, we need, as was provided for in the 1997 legislation, the extension of the Freedom of Information Act to include the Garda Síochána. The Labour Party has set out extensive arguments in other documents in support of those two contentions.

Of the reforms put in place, this House has reposed a great deal of hope in the Garda Síochána Ombudsman Commission. However, it is not yet possible to give a fair assessment of its impact or performance. Recently I met Christine and Derek O'Toole concerning the matters surrounding the death of their son Derek in March 2007 in a road traffic incident in Lucan involving off-duty members of the Garda Síochána. Mr. and Mrs. O'Toole told me they were expecting a ruling from the commission as to whether it would be investigating their complaint. The Chairman of the Garda Síochána Ombudsman Commission, Mr. Justice Haugh, has replied to my queries on behalf of the O'Toole family by confirming the commission is disabled from investigating in this serious case. I had argued that the relevant provision is section 87(3)(b) of the Garda Síochána Act, which provides that a complaint about the conduct of a member of the Garda Síochána while the member was not on duty is not admissible "unless the conduct alleged would, if proved, be likely to bring discredit on the Garda Síochána".

However the chairman of the Garda Síochána Ombudsman Commission has taken the view that:

The Commissioners would not subscribe to the proposition that mere involvement by an off-duty member of the Garda Síochána in a fatal accident would per se ordinarily constitute conduct of the sort contemplated by section 87(3)(b) of the Act and thus be appropriate for GSOC attention.

Many people will find the decision not to investigate the Derek O'Toole case surprising and disturbing. I do not believe it was the intention of the Members of this House, when putting in place the legislation, that a case such as this could not be investigated. It is a devastating blow for the O'Toole family and later in the debate, my colleague, Deputy Tuffy, will explain some of the circumstances surrounding this case. The chairman of the Garda Síochána Ombudsman Commission, Mr. Justice Haugh, informed me:

I would however accept that there might in exceptional circumstances be a complaint of misbehaviour (within the meaning of the Act) involving grave moral turpitude but not of the sort just mentioned, which might merit the attention of the Ombudsman Commission.

I do not know what happened in the tragic case of young Derek O'Toole. However as a Member who tries to remain alert in respect of what it is we legislate for, I had believed that merely being an off-duty member of the force would not have disbarred investigation in circumstances such as these. It is a great pity if this is the case. Moreover, if this is the case, Members must, if necessary, reconsider the legislation.

See this speech in context