Clare Daly (Dublin North, United Left) | Oireachtas source

The reason we are going on about this amendment is we believe it to be a particularly important component of what we are trying to achieve in the multiple amendments we have tabled. Unfortunately, many of the really important amendments to be moved later in the context of the composition of the authority itself, amendments we believe are critical to its independence, have been ruled out of order. Therefore, we will not get a chance to discuss them. However, we must step back and examine this matter strategically and determine why we are considering a new Garda authority. It is because of the behaviour of gardaí that came into the spotlight in recent times. In many ways, it is nothing new. We had the Morris tribunal and, in fairness, we had the findings of the Smithwick inquiry, which implied gardaí praised the pack mentality ahead of honesty. People throughout the country have experience of the blue wall of silence being alive and well. It is actually heroic gardaí at the centre of the organisation who have allowed the spotlight to be put on this issue for the first time in many decades. In that sense, this is an opportunity we should not ignore.

We all know that in the lifetime of this Dáil, because of the work done by the whistleblowing gardaí who brought to light the malpractice associated with penalty points, many citizens began to come out of the closet and tell stories about their own experiences at the hands of the Garda. Quite often, these were just ordinary people going about their business when some event caused them to have dealings with the Garda. In many instances, it was a tragedy, such as the death of a loved one in unexplained and horrific circumstances, on foot of which the investigation was not handled appropriately. The family might not have been dealt with sympathetically, information might have been covered up and people might have been kept in the dark. This is the stuff that separates the population from the gardaí and that prevents us from having policing by consent or a police service that sees its role as being to serve the public rather than cover up for its mistakes or, worse, deliberate wrongdoing. It is just not good enough.

We have discussed repeatedly in the House the independent review mechanism that the Minister set up on foot of all the cases coming to light. It has been our assertion that this process was actually to derail the spotlight being put on these issues rather than make any serious attempt to deliver transparency. We do not say that lightly or in a mean way; we are saying it based on the experience of those hundreds of citizens who, in good faith, gave information to the panel for assessment and who, from what we can see, have been told in 95% of cases that it will not be investigated any further. Every day, we still get cases on our desks of people who are having poor experiences. One tragic case that was before the tribunal involves the family of a Mr. John Kelly who was found in the canal in the Dublin docklands in 2008. There are very serious allegations of unexplained information concerning John's death. His sisters live in Australia and his mother, who has obviously been traumatised by the experience, lives in Dublin. In the relatively recent past, gardaí visited that woman with information on John's death that had been given to them over a year ago. Allegedly, it contained names of people who were present on the night of his death. A year later, gardaí arrived at the bereaved mother's door not to investigate the death based on the new evidence but to say they want to investigate the content of the letters. The family is not being co-operated with properly. It is already bereaved and has probably been tipped over the edge by this. Like Deputy Wallace, the family has written to both the Minister and the Commissioner, again receiving no answers. It does not augur well for confidence in the police force.

The behaviour of gardaí should be laid down in the principles. We must set out why somebody would want to become a garda and the standard by which he or she should be held to account.

We are trying to put it in law and up front that they are a service, that they are human-rights-compliant, and that they should be deemed to be behaving ethically. To be quite frank, a lot of the behaviour that we have come across has not been ethical in any way whatsoever. It would not give confidence to citizens to go to the Garda if they are in trouble. That is a pretty shocking thing for anybody to have to say, but we would certainly believe it based on our experience. Therefore, we are making a final plea to the Minister of State. This, or at least a part of it, was in the heads of the Bill. If the Bill is to mean anything at all, it has to be reinstated. We would really like it to be included in the Bill.

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