Dáil debates

Wednesday, 15 December 2021

Appointment of Member and Chair of the Garda Síochána Ombudsman Commission: Motion

 

2:52 pm

Photo of Bríd SmithBríd Smith (Dublin South Central, People Before Profit Alliance) | Oireachtas source

I know nothing about the new appointee, Judge MacCabe, but I think his role should be challenged, not just in respect of what happens in the future but also in how he deals with the legacy of GSOC. The first complainant to GSOC - I cannot remember the year - was Deputy Gino Kenny. He was not a Deputy then. We had RTÉ footage of him being thrown off a bridge in Bellanaboy by six gardaí, illegally and violently, at a Shell to Sea protest. I queued up with him that morning and his complaint was thrown out, investigated by gardaí themselves. The Minister said GSOC's independence "is the guarantee to the public that complaints against members of An Garda Síochána will be investigated without fear or favour". There is no guarantee. As previous speakers have pointed out, a high percentage of the public do not see GSOC as independent and investigating without fear or favour.

The case of Shane O'Farrell has been mentioned. I have spoken to Lucia within the past hour and told her that, sadly, somebody she wanted to meet, namely Terence Wheelock's father, passed away last week without ever knowing how his son died in custody in Store Street Garda station. The Wheelock family have re-engaged in a campaign for a public inquiry into that young man's death.

It has been almost a year since George Nkencho was killed by armed gardaí in Blanchardstown and we do not know where that will lead or how long the investigation will take. There is therefore a litany of reasons the public are not confident in GSOC. Whatever difference the judge whom the Minister has appointed will make will be most welcome, but there are legacy issues that have to be dealt with. If we do not deal with them, we will just be battening down on the mistrust and the lack of confidence Joe Public has in An Garda and all the apparatus surrounding it. The new chairperson of GSOC may bring with him considerable skills and experience, but he has to ensure that whatever happened in the past is dealt with. To that end, the three specific cases of Shane O'Farrell, Terence Wheelock and George Nkencho, although still at coroner's report stage, must be speedily dealt with and not dragged out longer and longer like Stardust and Bloody Sunday were and like all those very deeply felt injustices are dragged out by the State apparatus.

No senior gardaí are ever really held accountable for what happens on their watch. We do not see that come in front of us with reports that such-and-such a senior garda is being suspended or taken off duties or is up on charges for what has happened. We have to begin to see results. The proof has to be in the pudding and the results have to be seen. Otherwise, there will be failure after failure and the public will never have confidence in this process.

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