Dáil debates

Wednesday, 26 March 2014

Garda Inspectorate Report on the Fixed Charge Processing System: Statements

 

6:30 pm

Photo of Derek NolanDerek Nolan (Galway West, Labour) | Oireachtas source

Before I begin my substantive contribution, I want to acknowledge the role played by the former Commissioner, Deputy Callinan, over his distinguished 41-year career. It did not end in the best of light, but we should not define the man, nor his record of service, by one event, one month or one year in his tenure. He certainly did much good work for the State in his role as Garda Commissioner. In my exchanges with him over the brief period I have been in this House, through the Committee of Public Accounts, I found him in other areas, apart from the penalty points, to be diligent in his work. I acknowledge and commend him on that.

I welcome the publication of and the debate on the Garda Síochána Inspectorate report. I acknowledge and commend the Minister for Justice and Equality on his commissioning of that report, which is a point that is often missed. I also acknowledge the large role played by the Comptroller and Auditor General, Mr. Seamus McCarthy, and his team in doing much of the underlying analysis and work which form the basis upon which the report was prepared. In fact, the Comptroller and Auditor General's report, which has been debated at the Committee of Public Accounts and will be the subject of a report that the committee is preparing, is one of extraordinary clarity, detail and good work, and is a real example of the public service and the organs of State doing their job extremely well.

However, it must be pointed out that both the Comptroller and Auditor General's report and the Garda Inspectorate report are much more damning and harsh with regard to the actions of the Garda than the report that was prepared by the assistant commissioner, Mr. O'Mahoney. That contradiction between the internal report and the external reports points to something worthy of note: that the internal investigation was definitely not as meaningful or, perhaps, as thorough or damning as it ought to have been.

For the Garda Síochána, this has been a particularly damaging time. Its reputation has been tarnished and its trust has been damaged by endless headlines, allegations, reports and perceptions, be they with regard to GSOC, whistleblowers, penalty points or, now, the taping of conversations in Garda stations. It is reported or suggested that perhaps Mill Street Garda Station in Galway could have been one of the stations involved.

When I spoke to the former Garda Commissioner, Mr. Callinan, on the penalty points issue at the Committee of Public Accounts, I tried to ask him what would constitute corruption in his view, because the assistant commissioner's report stated that there was no criminality or corruption, and we had a rather long interchange without any satisfactory answer being given. I still find it difficult to accept that there was no corruption in a system which was clearly abused for the gain of others and that we have been unable to find a way of showing that. I understand that this has been referred to GSOC to look into and it may probe it to a greater extent, and, in fact, that three members of the force have been disciplined on the basis of the O'Mahoney report, but this is something that was so widespread, according to the report, that there must have been more to it.

I welcome Monday's announcement of the establishment of a Garda authority. This provides a strong future for the Garda. It is something that was in the Labour Party manifesto and I am glad that it has now worked its way in, through Cabinet, as a Government decision. When up and running, it will allow for a properly functioning, transparent, public-oriented and publicly accountable Garda. I am sure the Minister is completely committed to seeing that through.

I will have to put on the record - because if I do not I will be neglecting my duty to my constituents - that there is a great deal of controversy, worry and angst with regard to the administration of justice, the Garda and, in fairness, Deputy Shatter, as Minister for Justice and Equality, and I am receiving constant telephone calls telling me that he should resign, that this is a sham, etc. At all times, I have been able to sit down with constituents and go through it step by step. However, it has got to the stage at which we really are in a very serious position and the public's patience is at an end. I wanted to say to the Minister that today, on the radio, on Galway FM, I again stated that the Minister for Justice and Equality had nothing to answer for, but we are in a position of utmost good faith at this point. If anything, following the most recent revelations over the past number of days, we are at a very high standard where we must have full disclosure. Everything must be explained, such as why there were delays in letters, where the information was, why it did not come out and who was responsible for not delivering it. All of this information is pertinent, and the matter is causing severe worry. It is no longer an issue of process; it is an issue of who knew what and whether there is a cover-up. This is what we are getting out there. We need the utmost good faith and not merely technical correctness but for everything to be brought out and put forward in a full and transparent manner. I had to say that to the Minister.

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