Tommy Broughan (Dublin North East, Labour) | Oireachtas source

I am delighted to have the opportunity to contribute to this critical debate in the House. I also share the strong concerns of other Deputies about the nature and extent of the allegations made by Sergeant Maurice McCabe on Garda misconduct and the potential dereliction of duty. I welcome the decision of the Government to initiate the review of the dossier by Sean Guerin SC, as well as the earlier decision on the review by Mr. Justice Cooke. I think we should move to a commission of investigation under the 2004 legislation immediately.

I was not able to be present for the Minister's speech this morning, but I studied it very carefully. It is hard to imagine why a Minister who has been very vigorous in respect of legislation on other matters, would not have conducted a much more transparent and quick investigation of this matter in the two years since he became possessed of these very serious allegations. It could have been resolved in 2012. I have continuously been pursing him regarding the failure to apply fixed charge notice penalty points, and have highlighted in particular the campaign run by the PARC road safety group.

The serious allegations made by former Garda John Wilson and Sergeant Maurice McCabe on the specific issue of full enforcement of the road traffic laws are another reason to establish a commission of inquiry.

I have always been a strong supporter of community policing, as are many other Deputies, and I organised joint policing committees in my constituency before the House passed the relevant legislation. Labour Party policy for the past two decades has been to have an independent Garda authority. The current debacle has underlined the necessity to separate the Garda Síochána from Ministers and politics in respect of all operational matters.

I note Deputy Mick Wallace tabled a Bill some months ago to amend the law to make the Garda Síochána Ombudsman Commission more independent and strengthen its powers. I join other Deputies in commending Deputies Clare Daly and Mick Wallace on their courageous initiative in this matter. I also share the views expressed by the former Police Ombudsman for Northern Ireland, Nuala O'Loan, who noted the weaknesses of the Garda Síochána Ombudsman Commission, including its lack of powers to investigate the performance of the Garda Commissioner and access all information on the PULSE system and criticised the fact that serving gardaí are working for the commission. The best way forward would be to establish a commission of investigation.

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