James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank the Deputies for raising this very important matter. I watched the programme as well.

I am acutely conscious that all of the families and individuals impacted by the incidents which the recent RTÉ series has revisited have suffered significantly over the years as a result of the way in which those investigations were conducted. There is no doubt that the alleged practices detailed were unacceptable at the time and would not be tolerated today. Such incidents cast a shadow over the trust we place in our criminal justice and policing systems to ensure justice is done.

It is important to emphasise, however, that these investigations happened several decades ago and the safeguards which were available at that time to those who were the subject of investigation were very different from those in place today. It was following on from the work of the Ó Briain and Martin committees that the Criminal Justice Act 1984, regulating the treatment of persons in custody, the Garda Síochána (Complaints) Act 1986 and the Criminal Procedure Act 1993, providing a new system of appeal based on miscarriage of justice, were introduced. The available safeguards were further strengthened in the years that followed. Since 2015, An Garda Síochána has a code of conduct which is signed by all members and forms the core of their commitments in relation to behaviour and standards, and I know the Garda Commissioner is committed to upholding the highest standards within our policing service. The Protected Disclosures Act 2014 provides legal protections for anyone who speaks up if they are aware of wrongdoing. There is a protected disclosure policy in place in the Garda which is designed to ensure that any member who raises issues will be fully supported and that each and every Garda member knows they have the right and responsibility to raise their concerns and be confident they will be listened to and addressed.

We have a robust system of Garda oversight in place, including the Garda Síochána Ombudsman Commission, established in 2005. Oversight structures are currently being further strengthened through the Policing, Security and Community Safety Bill 2021, which is implementing the recommendations of the Report of the Commission on the Future of Policing in Ireland, the first principle of which is that human rights are the foundation and the purpose of policing. The Bill will include an expanded remit for the ombudsman and the establishment of a new policing and community safety authority, which will be provided with extra inspection powers and greater independence. Governance within the Garda will be enhanced by the Bill. These provisions, as well as the Garda Síochána (Powers) Bill, will ensure that gardaí adhere to the best international practice in the conduct of all investigations.

Miscarriages of justice serve no one. Those wrongly accused suffer greatly and, equally, the victims and affected families who feel they did not get justice also continue to suffer. As the Deputies will be aware, several of these investigations have previously been the subject of court proceedings, pardons, State apologies and associated compensation settlements. The Tribunal of Inquiry (Evidence) Act makes clear that such inquiries should be established with regard to definite matters of urgent public importance. As the Deputies will appreciate, the Act should be used judiciously and many of the tribunals which have been established to date have proven to be very costly. It is important to listen carefully to the observations made by the judges who have led some of Ireland's recent inquiries, and they have made very clear that public inquiries should serve a clear purpose. It is important also that we remember there are ongoing Garda actions taking place with regard to some of these cases we are talking about. It would not be appropriate, therefore, for any actions to be taken that might impact on those actions. While acknowledging that the details of the methods used in the cases in question remain disturbing, taking all of the current circumstances into account, I do not believe the establishment of a public inquiry into these matters, or something similar, would serve any useful purpose. I will address the Una Lynskey situation in the closing remarks.

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