Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

I want to start by thanking Mr. Justice O'Higgins for the comprehensive report he produced. It is worth noting that this commission of investigation was established on 3 February 2015, yet he was able to conclude his investigation and produce a report for the Minister by 25 April 2016, a total of 15 months. He had to do a lot of work. As we know from the report, he interviewed 97 witnesses, and there were a considerable number of serious complaints of regarding wrongdoing in respect of serious criminal investigations conducted by the Garda.

It is worth pointing out that the commission of investigation procedure under which Mr. Justice O'Higgins carried out his work was a procedure introduced by the House in 2004. The reason the Oireachtas introduced such a method of investigation was that we wanted something cheaper and quicker than traditional tribunals of inquiry, which can go on for too long. It is important to point out that the primary difference between the tribunal of inquiry procedure and the commission of investigation procedure is that, in respect of the latter, the evidence and hearings are held in private. That may be an advantage or disadvantage. By opting for a commission of investigation we got a cheaper and quicker investigation, but we did so at the expense of ability of the public to see all aspects of the evidence produced before the chairperson of the inquiry.

It is instructive to recall what would have happened if a tribunal of inquiry had been held. The public would have been able to see the evidence given by Sergeant McCabe and his cross-examination, the other witnesses and the victims who came forward.

People in this House may be appalled by that but we should remember that it is highly unlikely that we would be in this Chamber after 15 months discussing this report had we gone down the route of a tribunal of inquiry. For that reason, commissions of investigation are the way forward so that this House can produce quick and cheap investigative reports.

I am conscious that most people in the country will not have read this report. It is important, therefore, that the public has an understanding of what the report is about. It is also important that we as public representatives are aware of our function when it comes to looking at the failings identified in the report by Kevin O'Higgins. As Deputy Martin mentioned, the report reveals a series of inadequate investigations by An Garda Síochána in the Cavan-Monaghan region. The only reason those matters came to light was because of complaints that had been made by Sergeant Maurice McCabe. It is important to note and to put on the record of this House that the report largely corroborates the complaints made by Sergeant McCabe. It is also important that we note that what Kevin O'Higgins said about Sergeant McCabe is that he was "a dedicated and committed member of An Garda Síochána" who "has brought to public attention certain investigations where the public was not well served."

Although Sergeant McCabe is an important figure in the report produced by Kevin O'Higgins, he is not the most important person. The most important people referred to in the report are the ordinary citizens of Ireland who made complaints to An Garda Síochána and who were entitled to have those complaints adequately and competently investigated. Any citizen who goes to the Garda with a criminal complaint is entitled to be confident the complaint will be properly investigated. Without that, we do not have an adequate justice system. Unfortunately, the criminal complaints that feature within the pages of the report were not properly investigated. The victims of crime referred to in the report can therefore, unfortunately, legitimately say that they did not receive justice. Everyone in this House knows that where an innocent person is wrongly convicted, that is a miscarriage of justice but, similarly, it is a miscarriage of justice when guilty people are not convicted. That appears to be the implication of what is in the report from Judge Kevin O'Higgins.

It is also worthwhile mentioning on the floor of this House some of the events that were investigated and reported upon by Kevin O'Higgins so that the public will get an indication of the inadequacy identified in the report. In the case of the Kingscourt bus incident there was clearly a failure on the part of the investigating garda to take statements from witnesses, a failure to take adequate notes, a failure to interview suspects, a failure to inquire whether the suspects had criminal records and a failure to complete an adequate report. However, what stands out most in respect of that chapter, and it is apparent in other chapters as well, is that the investigating garda who was responsible for the investigation was a young probationer guard. There was a clear absence of supervision of the young guard in respect of the investigation he was conducting. One of the most important issues that can be extracted from the report is that the Garda must implement a new system of supervision so that young, probationary gardaí, or whoever is in charge of a Garda investigation, is adequately supervised. It is not tenable that one can have a garda investigating a serious criminal complaint without the garda being adequately supervised. It is also unfair on young gardaí coming into the force if they are left on their own without adequate supervision in respect of what they are doing.

Other speakers have referred to the chapter on Ms Mary Lynch, an extremely tragic chapter. Whatthe report indicates is that the vicious assault to which she was subjected on 30 April 2007 by Jerry McGrath should have resulted in a charge against him under section 3 of the Non-Fatal Offences Against the Person Act, as opposed to a charge under section 2. That might seem a minor misclassification but it was not; it was a very serious misclassification. The detail of the assault against Ms Lynch, to which the Minister previously referred, was horrific. It was a serious assault. However, by charging Mr. McGrath under section 2, the summary offence, as opposed to section 3, the alleged crime was misclassified on the system as being a minor offence. We do not know what might have happened in different circumstances, but what we do know is that Mr. McGrath appeared before the District Court in Tipperary in respect of another offence on 30 October 2007 when he sought a bail application, and he was granted bail. However, as Judge O'Higgins outlined, had it been the case that the judge in the District Court at the time had been informed that Mr. McGrath was charged under section 3, making it a serious offence, which he was not, that might have affected the decision of the court to grant bail. Tragically, we know that on 8 December 2007, while Mr. McGrath was out on bail he murdered Ms Sylvia Roche-Kelly.

There was also the incident in Cafolla's Restaurant, which involved a complaint by the owner of a fish and chipper about the fact that some men had come in and emptied the bottles of vinegar and replaced them with urine. She went to the Garda. She was entitled to have her complaint adequately investigated. The report, unfortunately, recordsthat the gardaí thought the incident funny. However, even if they did think it funny, it was essential that they carry out a proper investigation. Ms Cafolla was entitled to have her complaint investigated and she was entitled to be told honestly what was happening to the investigation and not to be told that the file had gone to the DPP when that was not the case.

We also know in respect of the assault in Cootehill, to which Kevin O'Higgins devotes another chapter, that there was a very serious offence in which a 17 year old girl was assaulted when she was walking home. Again, that criminal investigation was fundamentally flawed. There was inordinate delay in the investigation, no identification parade even though there was a suspect, the investigation file was incomplete with sergeants failing to provide statements and again, the notes were inadequate.

The incident in connection with Crossan's public houseinvolved a man being assaulted outside a pub and sustaining injuries to his head. Citizens who are subjected to such assaults are entitled to know that we have a justice system that will seek to bring the perpetrators of those crimes to justice. We cannot get justice unless the Garda conducts the investigation of those criminal complaints in a competent and adequate manner. We know from Kevin O'Higgins' report that the investigating garda simply did not investigate this criminal complaint. He then went out of his way to cover himself by asking the complainant to withdraw the complaint, and the complaint was then withdrawn, but it should have been properly investigated, and there was an inordinate delay on the part of the Garda in doing so.

Finally, there is the case of the Fr. Michael Molloy investigation, which involved a complaint by a man that his son had been sexually abused by Michael Molloy. The investigation had major flaws in that search warrants were defective, there was a failure to have the computer forensically examined and then the computer itself was lost. As Deputy Martin mentioned, it was surprising that the only person who was subjected to a disciplinary inquiry in respect of the loss of the computer was Sergeant McCabe, even though he was not even the exhibits officer in the case.

The reason I have referred to those examples from the report of Kevin O'Higgins is that we in this House must recognise that those victims of crimes were badly let down by An Garda Síochána, and they were badly let down by the State. Our concern is that such errors might extend beyond the region of Cavan-Monaghan. It is our job as legislators, and it is the Government's job as the entity responsible for the political direction of the force, to ensure that proper management structures are instilled and installed into An Garda Síochána. It is not tenable that An Garda Síochána can continue as it is without there being a fundamental reform in the management and supervision within the force. The absence of supervision and proper management is unfair to young gardaí joining the force. Every young person who starts a job is entitled to be properly trained. However, it is most unfair to the people of Ireland, particularly those who may be subjected to a criminal attack. They are entitled to the protection of the State and that protection cannot apply unless the Garda Síochána adequately investigates offences.

A lot of public attention has centred on what the Commissioner's senior counsel said to Sergeant McCabe. One of the sacrifices the House makes when it opts for a commission of investigation in that we do not get to see the cross-examination and the evidence of the witnesses. The benefit is that we get the result much quicker. However, it is worth pointing out that the question about Sergeant McCabe's integrity was answered conclusively in the report. Kevin O'Higgins viewed him as being "never less than truthful in his evidence". It is clear that Sergeant McCabe was a man of integrity. That question has been answered. I also welcome the statement made by the Garda Commissioner today in respect of the issue, which did give rise to public disquiet and concern last week and the previous week. In particular, there is the issue as to what happened in the meeting in Mullingar in 2008.

That matter must be resolved, not by looking at transcripts and evidence at which Members are not legally entitled to look, but by having a proper, quick inquiry and investigation into it. I appreciate that the Minister has now directed the Garda Síochána Ombudsman Commission, GSOC, to conduct such a short investigation.

Members also must recall that over the past 15 years, there has been a series of tribunals and commissions of investigation into Garda Síochána wrongdoing or malpractice. Members frequently consider the Garda Síochána in the shadow of allegations that have been made and investigated. The Government and Members must ensure they try to provide a mechanism whereby management structures in An Garda Síochána are changed and a proper system of supervision is put into An Garda Síochána. It is necessary to have an assessment plan as to what management direction the Garda Síochána must take. While there are many fine men and women in An Garda Síochána, its major failing is that there is an absence of management in the force and this report demonstrates there is an absence of supervision in the Garda. The people of this country need An Garda Síochána, as they have nothing else to protect them from crime and without it they are not safe. Members must legislate and the Government must decide as to what is best to ensure the people have such protection.

It is also important to recognise the role played by whistleblowers within An Garda Síochána. Dissent should not be regarded with suspicion. When whistleblowers come forward, they should have an entitlement to have their complaints investigated. They do not have an entitlement whereby everyone must automatically believe immediately everything they say. All that a whistleblower is entitled to is to have his or her investigation and complaints examined adequately. That is all Sergeant McCabe sought. He got that and he was vindicated and he was corroborated by Mr. Justice O'Higgins. It should be the objective of all Members of this House, all legislators and the Government to ensure the culture of An Garda Síochána changes in order that it can become a more professional force that accepts and encourages criticism in the knowledge that such criticism will achieve improvement in the force.

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