Mattie McGrath (Tipperary South, Independent) | Oireachtas source

We have a serious situation. I salute the Garda Reserve who give their time. They should be given the first chance to become recruited to the Garda Síochána if they are suitable.

The Garda Representative Association, GRA, has repeatedly called for impartiality in investigations. No one is hiding in that regard. The Garda Síochána Ombudsman Commission and its forerunner, with which I was involved, must restore trust with the Garda and people. I have seen on television that when a garda is involved in an accident in some cases a helicopter flies members of the Garda Síochána Ombudsman Commission to investigate. I accept there must be independence but I question the resources that are put into the commission. The investigations must be carried out in a proper manner. We must examine the situation. The Garda must be investigated by an independent body. The GRA has asked for that. However, when we see cases such as those of the late Fr. Niall Molloy and Shane Tuohy they spoil the whole atmosphere for the rest of the good gardaí. I have seen gardaí being abused at the front gate trying to protect us in this House from people who want anarchy on the streets. I salute the Garda and I support it. I have been involved in the community alert initiative all my life. A police force cannot operate without the support of the public. We must build trust.

I am not a reckless person. I asked questions some months ago of the Minister for Justice and Equality, Deputy Shatter, about an incident when he was stopped at a checkpoint on Pembroke Street between February and early March 2011. He responded about incidents in 2008 and 2009. I inquired whether he was cautioned on that occasion by gardaí at a checkpoint under the Road Traffic Acts, which he was, and whether the gardaí on that occasion used their discretion. It was a simple question but he did not answer it. I asked whether he was asked to produce a specimen of breath under the mandatory breath testing provisions contained in the Road Traffic Act 2010. He did not fully answer the question. I also asked whether his behaviour and reaction to the request was appropriate and cordial. There was no answer. I further asked whether he attempted to use the privilege of travelling to the Dáil as a means of avoiding giving a breath test. The issue was not clarified. I inquired whether he did give a specimen of breath. According to legal advice I received, a failure to do so is the same as a refusal. The Minister did fail to do so. I asked the Tánaiste whether he would, in the public interest, and to facilitate greater transparency, immediately publish the Garda report which exists into the incident that took place in late February, early March 2011.

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