Dáil debates

Wednesday, 28 May 2014

Garda Síochána (Amendment) Bill 2014: Second Stage (Resumed) [Private Members]

 

7:20 pm

Photo of Joan CollinsJoan Collins (Dublin South Central, United Left) | Oireachtas source

I positively endorse the Garda Síochána (Amendment) (No. 2) Bill 2014. I fully supported it a year ago and on a number of occasions during the "Shattergate" era I said that Deputy Wallace had proposed a credible Bill that could have been accepted by the Government a year ago. I have heard a number of Deputies on the other side of the House say that all these investigations have been happening and that the Government has responded in the right way to what happened.

Half of those investigations might not have been necessary if the Bill Deputy Wallace introduced a year ago had been accepted, particularly as the Government would have been in a position to refer the relevant issues to a commission of investigation, a strengthened GSOC or an independent policing board.

I am happy that the Government will not be opposing the Bill before the House. I hope the Minister will keep her word and ensure it will pass through the Houses quickly. A number of recent reports, particularly that relating to the Morris tribunal, contained recommendations which were quite similar to the provisions in the Bill. However, the point has been made that these were only half implemented. In other words, GSOC was established but it was not given the powers it should have been given. All of us in this Chamber will be remiss if we do not ensure we go the whole way on this occasion. An independent policing board must be set up and I would prefer if the options Deputy Wallace has put forward in the context of its composition were accepted. In addition, the remit of GSOC must be strengthened and the commission of investigation must be facilitated.

Many of those who are present in the Gallery were also present last year. A large number of them felt extremely frustrated following the debate which took place on that occasion. They were of the view that their cases had not been heard. They had gone through the process relating to GSOC and had been almost driven demented. These people have come up against a brick wall with regard to trying to have their cases heard and to obtain justice. Details relating to more than 30 cases were handed in to the Taoiseach, Deputy Enda Kenny, not so long ago but there has been no acknowledgement to any of the individuals involved that they have been received or referred to a commission of investigation, nor have these people been informed of the current position regarding their cases. It would be very much appreciated if the Minister could acknowledge receipt of those cases and indicate what will be the next step in respect of them. That would be a good and positive step forward for the many people from Justice4all who submitted their cases.

There are certain cases to which reference must be made. The first of these is that of Shane Tuohey and the cover-up relating to it for the past 12 or 13 years. Shane's father and grandfather are in the Gallery this evening. New information has emerged in recent days which indicates that certain evidence and investigation files which were handed to the coroner were never referred to during the inquest. Shane's family believes that the files in question contain a number of lies or else details that were not correct and that these were placed in the files by former superintendent Peter Wheeler. In addition, the coroner's report - form C71 - which indicated that there was a suicide attempt was not included in the investigation. The family is of the view that the investigation should be reopened in light of the issues which have emerged in recent days. There is also the case of Sarah Bland. I have reread the details relating to this and what happened was completely scandalous. Justice was not forthcoming in either case. Both must be dealt with by the commission of investigation and its terms of reference must be broadened to allow it to take cases of public interest into consideration.

Another case which comes to mind is that of Fr. Niall Molloy. Everyone, including the Minister when she was on this side of the House, has stated that what happened to Fr. Molloy was an absolute scandal. Senior politicians were present at the event at which Fr. Molloy was beaten. There are also indications that a senior member of Government colluded with the church to try to muddy the waters in respect of the case. There are many more similar cases which must be dealt with.

The commission of inquiry must have a broad remit and it must be given the power to compel superintendents, inspectors and other gardaí who were involved in any attempt to engage in cover-ups during investigations to appear before it. In addition, there must be a clear-out in respect of any officers who were involved in cover-ups. It will not be possible to rebuild the Garda Síochána unless there is a strong base from which to start. It is very important that such a clear-out takes place.

A number of speakers have defended the Garda and have stated that this is a very difficult time for the force. It is also a very difficult time for the families I referred to and for others who for many years have tried to have their cases heard and to obtain justice. That fact should be taken into account when particular Deputies refer to the very difficult situation in which the force finds itself. I accept it is in a difficult position and I hope that by means of the process that has been outlined, we will build a more robust and transparent police service that will be able to respond to the many complicated events it is obliged to deal with each day.

No one on this side of the House has it in for particular gardaí. I have provided support to a young community garda in my area who was beaten up during a burglary at his home. I was also involved in supporting an undercover Garda operation to infiltrate criminal gangs in Crumlin, cases relating to which have been forwarded to the Director of Public Prosecutions. There are many matters on which I and others on this side of the House support the Garda. However, there is no longer any point in stating that there are only a few bad apples. The Guerin report has indicated that the problem is much wider than that and I am of the opinion that we must deal with it head on. All gardaí will prefer to have this matter dealt with now in order that they might work properly in the interests of the people for and with whom they are supposed to work.

Another issue which must be dealt with is the leaking of information to certain journalists in respect of certain incidents such as those involving Deputies Clare Daly and Wallace. I was actually contacted in respect of a particular incident when misinformation was leaked from certain Garda stations. This problem must be tackled. If the operations of the force were the subject of greater transparency and were covered under the freedom of information legislation, issues such as those could be dealt with and journalists who want to obtain particular information in respect of them could do so. It is too often the case that information is leaked to certain - but not all - journalists. This is an issue on which action must be taken.

I welcome the Bill and I hope the Government will accept it.

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