Dáil debates

Wednesday, 28 May 2014

Guerin Report: Statements (Resumed)

 

3:30 pm

Photo of Jerry ButtimerJerry Buttimer (Cork South Central, Fine Gael) | Oireachtas source

They were members of the Provisional IRA who tried to kidnap gardaí and who killed members of An Garda Síochána, the armed Defence Forces and Members of the Oireachtas.

As Members of this House, we are charged with the responsibility of protecting and defending the institutions of this State, including An Garda Síochána. We must never forget that.

That said, An Garda Síochána is not above the law and there cannot at any time be one rule for them and one rule for us. The fundamental task and role of An Garda Síochána is protection of our citizens and the investigation and conclusion of criminal matters. From my experience, the Garda Síochána in Cork city are fine officers who do this in a myriad of ways, be that through their official engagement in policing forums, their role as community gardaí and, often, their engagement off-duty in terms of the assistance they provide to young and elderly people who are at risk and not at risk and through their involvement in clubs and organisations across all parts of Cork city. This is work for which they are not paid but volunteer. I compliment them on doing so.

The Guerin report is one step on the road to the restoration of the reputation of and confidence in An Garda Síochána within society. I welcome the establishment of the commission of investigation. It is important we thank and pay tribute to former Minister, Deputy Shatter, for his work in the Department of Justice and Equality. We are always quick to airbrush and forget people. The former Minister, Deputy Shatter, is a decent person and an honest and honourable man whose only motivation was to do right by the people and the institutions of this State.

There is a malaise of issues surrounding An Garda Síochána that need to be addressed, be that the bugging of the Garda Síochána Ombudsman Commission, the penalty points issue or the treatment of whistleblowers. It is important that this catalogue of issues is addressed. It is imperative that the fundamentals of An Garda Síochána are restored and that as citizens we can have full confidence in the force and, in particular, its management, organisation and structuring. Despite the populism of some Members opposite and the media, the Government has acted. It has established an independent expert review of performance, management and administration of the Department of Justice and Equality, strengthened the Garda Ombudsman Commission, established the commission of investigation, commissioned the Garda inspectorate to carry out a comprehensive inquiry into serious crime investigation and management and operational and procedural issues, the establishment of an independent Garda authority and the appointment of a new Garda Commissioner to be made by an independent appointments body.

I would like to pay tribute to the Acting Garda Commissioner, Nóirín O'Sullivan, who has been a revelation and a breadth of fresh air. Only last week, she spoke at launch of the Dublin Pride Festival. What a monumental statement that was in the context of the role of An Garda Síochána in 21st century Ireland. I commend her bravery and initiative on doing so. There is much cacophony about An Garda Síochána. The Acting Garda Commissioner had the integrity, foresight and vision to speak at the launch of Dublin Pride. Only a few short years ago, despite the best efforts of Sergeant Paul Franey and others of G-Force, gardaí were not allowed to march in uniform when the European conference of gardaí was in Dublin. I was thrilled when Acting Garda Commissioner O'Sullivan spoke at Dublin Pride. I look forward to the day when the Garda Commissioner, the Minister for Justice and Equality of whatever hue, Opposition spokespersons on justice and other Members of this House will march in the Dublin Pride Festival, sending out the message that An Garda Síochána and we as legislators are changing and want an open, tolerant and inclusive society. I hope that the 2014 report in relation to An Garda Síochána will record that event of last week as significant. It was fantastic.

We are told that lightening never strikes twice.

However, the Morris tribunal is now being replaced by the Guerin report, the Cooke report, the commission of investigation and a host of others measures.

Let me outline what we and the Minister must do. I have absolute confidence in the Minister because I know her. The legacy issues that she has inherited, arising from a decade or more of incompetence and inactivity by the Fianna Fáil party and its people in office, will be addressed once and for all. Irrespective of the result of the local elections last week, the people want these matters addressed. They want to see a new way in which the Garda appoints sergeants, inspectors and commissioners. The Minister is appointing a Commissioner. The people want new means by which gardaí interact with one another and by which the Garda will tolerate different points of view. This does not apply just to the Garda; it applies to every organisation requiring cultural and institutional change.

It is important that we consider the treatment of whistleblowers. As one who was for many years in a minority position and perhaps afraid to make remarks and come out, I believe whistleblowers must be given the opportunity to comment, no matter who or where they are, even if they are outside the Garda. That is why I look forward to the bringing forward of the protected disclosures legislation.

It is imperative that we regard Sergeant McCabe as an example and allow whistleblowers, irrespective of who they are, an opportunity to have their voices heard and their allegations or grievances aired in an appropriate manner. We all work in institutions with human beings. I worked in a staff room where there were differences of opinion as to how the school should be developed or run. However, we were given a platform at staff meetings and we had the ability to approach the principal and make remarks. Some were taken on board and others were ignored. That is life; none of us has a monopoly on knowledge. I hope we allow people to make their cases and that they will not be prejudged. I hope they will not be hindered or treated differently in any way. A whistleblower may not be always right but sometimes he or she may be. We must develop protocols.

This also applies to information received by politicians. There are times when we receive sensitive information that must be passed on. We should have some type of ombudsman for ourselves. Through parliamentary questions, the Ceann Comhairle serves as that person.

I wish to conclude by making a number of points on the education and training of gardaí. We have initiated reform regarding the recruitment of gardaí. It is important that we examine how we train and educate young gardaí before we let them into the community to serve as members. While we need to bear in mind mental health, dealing with minorities, domestic violence and stress, I believe from reading the Guerin report that it is also important that we examine how we can look after probationary gardaí and young gardaí who have just emerged from training. We must support the latter and develop them through on-the-job training, professional development and support.

Consider the issue of internal promotion in the Garda. I hope we will have a system in which people will be promoted on merit or their ability to serve at the rank of sergeant, inspector, superintendent, chief superintendent or even assistant commissioner. It is important that we consider this.

If one were to examine the Guerin report, one would be disturbed and concerned. The Minister speaks about fundamental reform and the opportunity to bring about real and lasting change. It is absolutely the case that there is such an opportunity but it is important that we assure the public that the majority of serving gardaí are trustworthy, honourable and decent and do the right thing every day. We must not forget that they put themselves at risk every day and night on our behalf.

If we are to have the far-reaching change that is sought, there should be buy-in on all sides regarding responsibility and co-operation with An Garda Síochána. It is important that all of us in this House and society have but one police force. I look forward to the reform. From working with the gardaí in Cork, I realise these men and women are changing the model of policing every single day, putting people first and changing the perception of many of the force. Regardless of whether it is a question of dealing with domestic violence, family law, sport or the elderly, the Garda Síochána is central to what we do and how we change. This is just the beginning but it requires all of us to collaborate and not to score political points.

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