Dáil debates

Wednesday, 17 July 2013

Garda Síochána (Amendment) Bill 2013 [Private Members]: Second Stage (Resumed)

 

7:15 pm

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent) | Oireachtas source

I thank the Acting Chairman for the opportunity to contribute on this new legislation. I welcome the Bill, as it is progressive, fair and sensible. Speaking as a member of the Oireachtas Joint Committee on Justice, Defence and Equality, I believe the Bill is a clear path towards ensuring fairness, equality and justice for all citizens. For this reason, I will vote in favour of the legislation.

The Bill is concerned with truth and the importance of fairly implementing the laws made in the Houses. Sadly, we have all seen the law abused and many miscarriages of justice. We cannot turn our backs on these cases. We cannot turn our backs on these people.

A number of Deputies referred to the issue of trust in and respect for An Garda Síochána. Where I come from, one earns trust and respect. This is the bottom line regardless of whether one is a garda, a teacher, a councillor or a Deputy. On the north side of Dublin, one earns respect by working in the community. It is important that we say this in the debate.

The legislation seeks to strengthen the independence and impartiality of the Garda Síochána Ombudsman Commission and to establish a Garda Síochána independent board with monitoring, supervisory and oversight functions in respect of the Garda Síochána. This is a sensible proposal. What is wrong with it?

Yesterday, I attended a meeting of five victims of Garda malpractice and a lack of Garda accountability. These are real people. Ms Margaret Delaney and Mr. Billy Ryan claim Garda harassment, but their case was deemed inadmissible for investigation by the ombudsman, as no breach of the disciplinary code had occurred. Mr. Eamon Tuohey claims there was an inadequate investigation into the death of his son. Dr. Richard O'Flaherty witnessed interference in cases and Garda harassment in Limerick. He is a Limerick doctor. Mrs. Nuala Ramseyer claims there was an inadequate investigation into the death of her brother. These are all real cases. They are decent and genuine people. It is important to point out that this Bill is about developing good policing, not about the dedicated and genuinely good gardaí who serve their communities and their country.

Members of my family have served in the Garda. Many relations and friends still serve there. I will not take any lecture from the Minister for Justice and Equality about being anti-Garda. I will not take a lecture from any member of the Government. This Bill is about setting standards, about honest, high-quality policing and, above all, about accountability, which is the key word in this debate. At all times, we need high-quality and honest policing. The majority of gardaí provide it. However, it is important that safeguards against bad, dishonest and corrupt policing be in place. That is what the Bill is about. Why are Government backbenchers and Ministers losing the bottle to support it?

I wish to highlight another example of corrupt policing. I raise the case of Mr. James Sheehan of West Commons, Ardfert, County Kerry, whom I met recently again. He was arrested on 17 August 1989 under section 30 of the Offences Against the State Act. A gun was allegedly found in his car, which had been driven by a garda to Tralee Garda station. It was alleged that the gun was found in the dashboard. In a subsequent search of his house, a number of bullets-----

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