Dáil debates

Wednesday, 26 February 2014

Allegations in relation to An Garda Síochána: Statements (Resumed)

 

2:10 pm

Photo of Seán KyneSeán Kyne (Galway West, Fine Gael) | Oireachtas source

In clearing today's Dáil schedule for a debate on this issue, the Government has clearly and unambiguously expressed a shared desire to establish once and for all the foundations of the allegations which have been made. The Minister, Deputy Shatter, is undoubtedly one of the most progressive justice Ministers we have had. The catalogue of reforms he has introduced and guided through the Oireachtas is unequalled among his predecessors. It is important to consider the legislative reforms the Minister has championed. He has maintained a Garda Síochána force strength of more than 13,000, which is higher than that planned by the previous Government at a time of great strain on State finances. The Minister secured the finance necessary to commence Garda recruitment, with a staggering 20,000 people expressing an interest in joining the Garda ranks, which is an important vote of confidence in the force. He is reforming the custodial system by championing legislation that gives a second chance to people who have committed relatively minor crimes. I refer to the Criminal Justice (Spent Convictions) Bill 2012, which I hope will be passed soon. The Minister is also introducing legislation that promotes the use of non-custodial options. He has introduced legislation to substantially overhaul our bankruptcy and insolvency systems. He has reformed the State's immigration and citizenship procedures, which have radically reduced waiting times for applications and for which proper ceremonies are now held. These ceremonies are befitting of the important status of Irish citizenship.

The Minister has initiated a significant quantity of amending criminal justice legislation in various areas. I refer, for example, to the Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012, the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 and the Criminal Law (Defence and the Dwelling) Act 2011. The Criminal Justice (Forensic Evidence and DNA Database System) Bill 2013 will establish a DNA database as an indispensable tool in the fight against crime. The Minister is working on two other very important issues which I warmly welcome and for which I look forward to campaigning, namely the Children and Family Relationships Bill 2013 and the proposal to hold a referendum on marriage equality. However, the important and motivating zeal and vigour which is displayed by the Minister, Deputy Shatter, can place him at odds with others who do not share his views and visions. It is fair to say that the Minister is a public representative of conviction, cast in the mould of those public representatives for whom popularity is secondary to an enthusiasm to get on with the job. It would be impossible for any Minister championing reforms of such breadth, which span many different areas, to avoid upsetting or clashing with some people.

It is regrettable that some participants in this debate in the media and elsewhere seem unable to approach this serious issue with objectivity. Some people have allowed their dislike or personal opinions of the Minister to colour their judgment. I fear that for some people, establishing the facts of what happened has become secondary to political point-scoring. The Minister aptly described the direction events have taken when he said earlier that "a situation has been reached in which other allegations made by Sergeant McCabe have become caught up in partisan and divisive political debate". The allegations that have been made with regard to the Garda Síochána and the Garda Síochána Ombudsman Commission are very serious. Therefore, it is wholly appropriate that independent people have been asked to investigate the allegations and determine whether full-scale inquiries are required. The questions of when these allegations were first espoused are secondary to the need to investigate them and to establish the facts clearly and beyond doubt. Only when this has been achieved will we be able to say that public confidence in these vitally important institutions has been restored.

An important Bill that is going through the Oireachtas, the Protected Disclosures Bill 2013, will give whistleblowers in every walk of life certain rights, including the ability to provide information that is of interest from the perspective of public safety. I welcome the decision the Government made yesterday to introduce legislation in tandem with the Protected Disclosures Bill 2013 to allow the Garda to make complaints directly to the Garda Síochána Ombudsman Commission. That is important in the context of a case I have come across which does not relate to the Garda. I have spoken previously in this House about an individual who was fired from his job, along with a number of other people, for questioning procedures within a health facility. It is very stressful for a person to have such information. I can fully understand the concerns of the person in question.

I also welcome the appointment of the retired High Court judge, Mr. Justice Cooke, to investigate the GSOC bugging and the appointment of Mr. Seán Guerin SC to assess the issues and allegations made by Sergeant McCabe. I also welcome the role of the Oireachtas Joint Committee on Justice, Defence and Equality in investigating amending the Garda Síochána Act 2005 to expand the role for GSOC.

The public's trust in the force is of paramount importance. Everything being done by Mr. Justice Cooke, Mr. Guerin SC and the Oireachtas Joint Committee on Justice, Defence and Equality needs to ensure we have full confidence in An Garda Síochána and the Garda Síochána Ombudsman Commission.

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