Dáil debates

Tuesday, 27 May 2014

Garda Síochána (Amendment) (No. 2) Bill 2014: Second Stage [Private Members]

 

9:00 pm

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

I welcome the opportunity to contribute to the debate on this new and radical legislation, the Garda Síochána (Amendment) (No. 2) Bill 2014. I thank Deputy Mick Wallace for bringing forward the Bill which I will be strongly supporting because it should be a major part of the reform agenda. The people are crying out for change, reform and accountability. They are also crying out for professionalism in the police service. I thank Deputies Clare Daly, Mick Wallace and Luke 'Ming' Flanagan for the work they have done on the whistleblower issue. They were the first to highlight it, as well as the scandals in the justice system. The role of Independent Deputies is to challenge, reform and change the system and the legislation before the House is part of that process. The status quo, the system and politics must all change. In that context, politics must change radically. The Government and all political parties in the Dáil should support this important Bill.

We recently lost a Minister for Justice and Equality and a Garda Commissioner. This is the time for the Government to put up or shut up. It should support the Bill 100%. We need to stop pussyfooting around and get on with the so-called democratic revolution. All we have had up to now is talk and plámás. The Bill would make a difference and we owe it to the citizens of the State to have it enacted. We also owe it to the victims of cases in which there have been gross miscarriages of justice to have the legislation enacted. The families in question need answers and the truth. Above all, however, they require justice. On previous occasions reference has been made to the case of Shane O'Farrell, the cases brought to light by Dr. Richard O'Flaherty of Limerick and the many cases publicised by the great journalist Gemma O'Doherty, the Shane Tuohey case and the Preston case. In addition, there is the case of James Sheehan in County Kerry, in which gardaí illegally planted a gun and destroyed his life and good name. I met him and I am convinced that what he says is an accurate reflection of what happened.

I was absolutely shocked and horrified by what Deputy Mick Wallace indicated was still going on in respect of Sergeant Maurice McCabe. It is an absolute disgrace that the bullying and intimidation are still happening. Where are the Association of Garda Sergeants and Inspectors and the other representative organisations which should be defending Sergeant McCabe? Where is the acting Garda Commissioner when all of this is going on? I commend the other whistleblower, John Wilson, for the magnificent work he has done on all of these cases. The agenda pursued by Sergeant McCabe and Mr. Wilson is designed to try to provide a policing service we can trust and support. It is not, as some have stated during previous debates, anti-Garda in nature. We all have brothers, sisters, cousins, etc., who serve in An Garda Síochána.

We want a meritocracy. We want the good gardaí to be protected and to be able to get on with the job. These are the gardaí who want to be accountable to the citizens of the State and obey the law of the land. That is why the Garda Síochána (Amendment) (No. 2) Bill 2014 is important legislation.

The Bill aims to strengthen the independence and impartiality of the Garda Síochána Ombudsman Commission and provide for the establishment of a Garda Síochána independent board with monitoring, oversight and supervisory functions over An Garda Síochána. The legislation would create a power-sharing arrangement between the board, the Minister for Justice and Equality and the Garda Commissioner. For me, that is common sense and a part of the reform agenda. The establishment of a Garda Síochána independent board with monitoring, supervisory and oversight functions over An Garda Síochána would be an important step in strengthening the democratic accountability of An Garda Síochána. This is necessary to promote public confidence and trust in the force but it is something we have ignored. In the debate in recent months Government parties and other major parties have failed to listen to the whistleblowers and Independent Deputies and in so doing have damaged trust in the Garda. The Minister must act now. We need reform to build up trust because many good people are suffering. I gather the Minister will accept the legislation and this is positive but as well as accepting legislation we need reform and support for good honest whistleblowers in the Garda Síochána.

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