Liz McManus (Wicklow, Labour)
Link to this: Individually | In context

Question 86: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the position in relation to two members of the Garda who are reported to have become involved in a fracas while on armed protection duty outside of the US Embassy in Dublin; and if he will make a statement on the matter. [36272/06]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

I regret that as the very grave incident referred to is the subject of ongoing disciplinary proceedings, I am not in a position to comment on the matter and it would be wrong of me to do so.

Brendan Howlin (Wexford, Labour)
Link to this: Individually | In context

I will not pursue the Minister on this matter. When will these matters be brought to a conclusion and when will he be able to answer this question to the House? The Minister promised new disciplinary regulations on 19 May 2006 and said they would be in force by the summer recess. It is now November. Why are those regulations not yet in force? When will they come into force?

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

The disciplinary regulations are the subject of a consultation procedure and this has been advanced. The regulations which I modified following a series of representations made to me are a huge improvement on the old ones. It is not a matter of me clicking my fingers and stating my view. I must follow a consultation process with the Garda and statute also obliges me to consult the representative associations. I have done this and hope that the regulations will be brought into full effect before the end of this year.

Brendan Howlin (Wexford, Labour)
Link to this: Individually | In context

The Minister did not answer my first question about the specific disciplinary proceedings. When will the procedures involved in this incident be concluded so that he can give an account to the House?

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

I cannot say, but as soon as they have been concluded, I will notify the Deputy and respond to any question that I might reasonably answer in those circumstances.

Brendan Howlin (Wexford, Labour)
Link to this: Individually | In context

Perhaps I might ask about the regulations. It was no one on this side of the House who said that the disciplinary regulations would be in place by the summer recess, it was the Minister who gave that assurance on 19 May. He set that deadline for the conclusion of his statutory obligation to consult. In subsequent parliamentary questions, he said that he has extended the deadline beyond the summer recess. Now he says that he is simply obliged to continue the consultation period, presumably for many more weeks.

Breaches of discipline are serious and the code is important. It was greeted with fanfare on the day of the Morris report's publication as the Minister's immediate considered response. I do not expect the Minister to accept this, but it seems that it was simply a contrivance to get through the day. We have still not got the procedures in place months after the Minister gave a firm commitment to this House that they would be introduced.

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

I regret to inform the Deputy that that is not so. I have been very clear in what I want in the regulations, but I must consult others. It would be very easy for me——

Brendan Howlin (Wexford, Labour)
Link to this: Individually | In context

What about the deadline?

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

The deadline reflected my expectation at the time, but I cannot simply click my fingers and declare the process of consultation over as I must ensure that I am being fair. The Deputy will appreciate that, as Mr. Justice Morris said in his tribunal report, the current procedure is like that for a murder trial but for relatively small infractions of the disciplinary code. I must sweep all that away and introduce an entirely different code. In so far as I can, on a basis of partnership I must bring the Garda Síochána representative associations with me.

Jim O'Keeffe (Cork South West, Fine Gael)
Link to this: Individually | In context

That will be a new experience.

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

I have made a great deal of progress. One must show a little determination to achieve things. The disciplinary code, which had been allowed to grow ever more complex, like the procedure for a murder case, is now the subject of regulations that have been circulated, and I intend to sign them.

Brendan Howlin (Wexford, Labour)
Link to this: Individually | In context

Not to me.

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

Yes, but there has been consultation on their exact content and modification to ensure that they are fit for purpose. If it takes another few weeks to reach agreement, I am happy to take that extra time.

Jim O'Keeffe (Cork South West, Fine Gael)
Link to this: Individually | In context

I was horrified to learn of an apparent fracas involving two members of the Garda, one on armed protection duty, outside the US Embassy in Dublin. I appreciate the Minister is unable at this stage to answer a specific question, but I wish to ask a general question. What supervision is in place for those assigned to duties of that kind? Reading of the incident, it seemed that the apparent dereliction of duty extended over an extremely long period. Is the Minister satisfied that there is generally adequate supervision of members of the Garda Síochána assigned to such duties?

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

I do not wish to comment on the individual case, but there is a system of sergeants and inspectors whose functions include ensuring that people are at their post, are sober and so on. It goes without saying that if any superior officer had any inkling that an incident of that kind was taking place, he or she would have acted immediately. The circumstances were extremely unusual and most people in this House would not even have dared to write them in fiction. However, that is how things turned out.