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

I wish the Minister well and congratulate her. It is very honourable position but a very difficult one to have. I thank the Leas-Cheann Comhairle for the opportunity to speak on this urgent and important report which led to the resignation of the former Minister for Justice and Equality. I thank and commend Mr. Guerin on his work. I also thank, commend and pay tribute to Sergeant Maurice McCabe and former Garda John Wilson. They have done the State a great service and it is important we all acknowledge that in this debate. It is also important to learn from the huge mistakes and major acts carried out against citizens. Let us not forget about the real victims of this affair.

We must also learn, move on and build a more modern and inclusive police service. The stress should be on it being a policing service. The Guerin report is about reform, accountability and building a good policing service. That is what we in this House all want. That is the only way forward for all of the victims, gardaí and the wider community. Nobody is excluded from that type of reform and accountability.

I welcome that the Secretary General of the Department of Justice and Equality has agreed to come before the Oireachtas Joint Committee on Justice, Defence and Equality. There can be no preconditions. All questions have to be answered properly and thoroughly. That is what public servants should do. Public servants equal public service. There are no ifs or buts, just clear answers and accountability. The same applies to Ministers, Deputies, Senators, gardaí, teachers, nurses and other public servants. Their role is to serve the public. It is stated very clearly in section 93 of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act. I look forward to the debate in two weeks time.

The details and conclusions of the Guerin report are shocking and damning. They make for sad reading, in particular chapter 19.32 which lists a number of incidents: the three incidents involving Gerry McGrath, outlined in chapter 6 of the report; the assault and false imprisonment of the girl in Cootehill on 2 September 2007, outlined in chapter 8; the public order incident on the bus at Kingscourt on 25 February 2007; the alleged concealment of the document compiled by Inspector Delta outlining problems at the Bailieboro station, which is covered in chapter 16; the dangerous driving incident at Lakeside Manor on St. Stephen’s night in 2007; the loss of a computer seized in an investigation; the assault in a public house in Bailieboro on 23 May 2007, which is covered in chapter 10; the harassment and sexual harassment of a female probationer garda, which is covered in chapter 14; and the public order incident in Bailieboro on 5 August 2007. They are some of the many incidents mentioned in the report.

Chapter 19.33 reads: “It has sent out a message to the force that if you ignore your duty, are grossly negligent, hide and cover up, you will be deemed suitable for promotions.” That is a very important statement in the report. I talk to members of the Garda regularly. Family members serve in the force. They talk about the need for a meritocracy within the Garda Síochána. Once one gets above the rank of sergeant, promotion seems to be based on political decisions. We need to depoliticise promotion. A garda who is good at dealing with the drugs issue locally or who is good at dealing with Travellers is the kind of person we need to promote in the force. Such people must be brought to the top.

Colleagues mentioned many cases that have been brought to their attention. I, too, wish to mention a number of cases. The first is the horrific death of Shane Tuohey from Tullamore, County Offaly. I was contacted by his sister, Gemma Tuohey Guinan. She asked us all to fight for justice for her brother, Shane. She attached a breakdown list of numerous problems which arose from Shane’s death which clearly showed that Garda corruption played a huge role in the cover-up of what took place that fateful night. She also said her father, Eamonn, had a meeting some time ago with Marie Cassidy who kindly showed him Dr. Harbison’s notes. The notes clearly stated that Dr. Harbison was called to do the autopsy on Shane as a special request from the then assistant commissioner. It is clear as time goes by that the case gets worse. The family feel they are a lot closer to getting answers. Gemma says they will keep fighting for justice for Shane regardless of how long it takes. That is one case which I raised a couple of years ago when I got my slot on Leaders’ Questions.

Another case that needs to be examined is that of Shane O’Farrell. I accept that some work has begun on it. On 2 October 2011, Shane O’Farrell was killed on the side of a road by a drug addict who had more than 40 previous convictions and was at large because of two suspended sentences imposed by courts on both sides of the Border. A significant issue arises in regard to the case also. It is important that we listen to the hurt and pain of his mother, Lucia O’Farrell. Shane’s family believe the justice system let them down.

Another case with which the Minister might be familiar relates to a protestor at the Kildare Street gate of Leinster House for the past nine or ten years, namely, Peter Preston. His daughter was assaulted in a public house. She was stabbed in the face with a glass by a member of a north side criminal gang. Mr. Preston made serious allegations about a cover-up of the case. I raised the matter previously and I was not satisfied with the response. The files are in the Department of Justice and Equality and I urge the new Minister to examine the serious allegations made. It is important we deal with them if we are trying to build up accountability.

I welcome the fact that the Government is to establish an independent Garda authority. That is a sensible and progressive approach. The new Garda authority’s powers should include the power to commission inspections and inquiries by the Garda Inspectorate. An Garda Síochána should be able to make disclosures to those prescribed under section 62(5) of the 2005 Act as well as the confidential recipient and the Garda Síochána Ombudsman Commission without fear of disciplinary action. The Garda Síochána Ombudsman Commission should be strengthened by the provision of a statutory right to access the PULSE database and the power to investigate reports made against the Commissioner under Regulation 7(2) of the Garda Síochána (Confidential Reporting of Corruption or Malpractice) Regulations 2007. It is also important that the post of confidential recipient should be retained and enhanced.

The Joint Committee on Justice, Defence and Equality held hearings with a number of groups, some of whom made excellent submissions. I hope the committee and the Government will listen to many of their ideas. We also need new approaches to deal with minor complaints to facilitate effective resolution. Those who ask questions about the Garda should never be deemed to be anti-Garda. We all have friends and family members who serve in the Garda. We also have excellent gardaí. However, massive corruption took place within the Garda Síochána and that must be dealt with.

New approaches are also required to deal with serious complaints. The Garda Commissioner must become subject to oversight. Currently, the Act states that "a member of the Garda Síochána" does not include the Garda Commissioner and therefore that officeholder is outside the remit of GSOC. I strongly support the belief that effective oversight of policing and public confidence therein favours the Garda Commissioner being subject to independent oversight and the legislation should be changed to allow for that. It is very important we would examine such issues.

We all want a policing service and good and effective police officers. We want public service at its best. We want police officers to be decent, honest and to do their job. We know there are times when people make mistakes. We all make mistakes, but I refer to serious complaints, corruption and major allegations. We are not talking about human error in mistakes such as those. Given some of the cases I mentioned today, we need a police force that is professional, ethical, inclusive, democratic and accountable to citizens. We cannot have a situation where people feel they cannot trust their own local Garda service. That is something we must address. Trust has been damaged but I wish the Minister well as she tries to rebuild trust. I will be satisfied if she achieves that.

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