Dáil debates

Tuesday, 11 April 2017

Reform of An Garda Síochána: Motion [Private Members]

 

9:45 pm

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats) | Oireachtas source

For a police force to have authority it must have the respect and confidence of the civilians it polices. While traditionally that has been the case in this country we are getting very close to reaching a tipping point in terms of public confidence in the Garda. The public will not accept too many more scandals before the rule of law and the authority of the Garda is completely disregarded.

It is clear there have been serious problems within the Garda for decades. The problem is that successive Governments, led by the major parties, have utterly failed to tackle the problems. It seems the major parties have been happy to use and abuse An Garda Síochána for their own purposes. Not too long ago we had the spectacle of what was going on in Donegal. We had the Morris tribunal, at a cost of some €70 million, which pointed to systemic problems within the Garda, major cultural problems and significant issues relating to lack of accountability and lack of professional performance. The Morris tribunal was very clear that it was not just a case of a few bad apples in Donegal, but the indications were that the problems went right through the force - deep cultural problems, organisational problems and a lack of accountability throughout the force.

While the problems within the Garda are very serious, the more serious problem we have had is a failure at political level to tackle the problems. Parties traditionally have been very happy to maintain a cosy relationship with the Garda - getting constituents into the Garda in the first place and ensuring colleagues, constituents and friends were put in line for promotions. The reality is that is the way An Garda Síochána has operated because of a very unhealthy relationship with political parties through the years. Rather than that being something of the past, unfortunately, that kind of unhealthy relationship between politics and the Garda has continued up to the present day, most notably in recent years in respect of the Taoiseach's attitude and behaviour towards people who had the courage to come forward and be whistleblowers and to tell the public about some of the malpractice and maladministration that was going on in the Garda. Rather than those people being treated with respect and listened to, unfortunately, we had the most senior politician in the country going out of his way to rubbish the allegations they were making.

Traditionally, An Garda Síochána has been male dominated, hierarchical and excessively authoritarian. That breeds a kind of culture which is very unhealthy. One either goes along with what is happening within the organisation or one gets out. Unfortunately, several very promising gardaí have felt there has been no choice for them but to get out. For those who remain, who wish to make a career within the Garda, it is very hard for them to function in such a way that they can have the confidence to do the right thing and call it out when things go wrong, and that their superiors will listen to them and take appropriate action. If the attitude from the most senior politician is to rubbish people who have the confidence to do that, how can we have the kind of climate within the Garda where people feel empowered and encouraged to stand up for what is right? It is very difficult for gardaí who are out on the beat, who are trying to police local communities and do their best by their fellow citizens when there is that kind of attitude and culture coming down, not only from the top of the Garda but from the political system.

We had various inquiries on foot of whistleblowers and they would have run into the sand if Sergeant McCabe had not had the foresight to record the conversations he had in relation to evidence at the O'Higgins inquiry. We are still waiting for an explanation as to whether the Garda Commissioner instructed her counsel to attack the character of Sergeant McCabe. That issue has never been adequately addressed. On that basis alone, there are serious grounds for the Commissioner to step aside, but of course it goes much further than that. That issue was not addressed by the Commissioner, nor was it addressed by anybody at a political level, neither the Minister for Justice and Equality nor the Taoiseach. That is a serious failing of politics on their part.

Subsequent to that we saw all of the other serious scandals within the Garda. When the Charleton inquiry was established the Social Democrats said it was essential that the Garda Commissioner step aside pending the work of the inquiry. Unfortunately, that did not happen and that is a serious mistake. It is clear that if the Garda Commissioner is preparing to defend herself before a commission of investigation that she is not in a position to oversee and discipline her force. Examples have been given of how she is compromised in doing that and how she is severely restricting the work of the Charleton inquiry in terms of encouraging people to come forward and give evidence. That whole scandal has been compounded by the shocking detail that has come out in respect of traffic offences and the fake breath tests. The Minister knows that in any organisation where there is an unhealthy culture that in order to change it one must have accountability. One cannot have accountability unless there are consequences for people who do wrong. It was a test of the current Commissioner's mettle and authority when she was presented with all of the data for the fake traffic figures that she would take action against those senior officers who were responsible for overseeing such a shambolic system.

Unfortunately, she failed that test and has rendered herself unfit to continue as Commissioner.

Fianna Fáil is dancing around on this issue and talking tough, but if one talks tough, one must accept the following logical conclusions on what steps to take. It means calling for action to address the issue. It is not just a matter of talking tough but also of doing what is right. There are political reasons Fianna Fáil will not call for the commissioner's resignation or sacking, of which we are all conscious. Yet again we see compromise at political level and an utter failure to address inherent problems within the Garda force, for which both major parties have to take responsibility.

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