Pat Rabbitte (Dublin South West, Labour)
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Question 83: To ask the Minister for Justice, Equality and Law Reform his views on the sixth report of the Morris tribunal published on 8 May 2008; the action he will take arising from the report; and if he will make a statement on the matter. [21210/08]

Dermot Ahern (Louth, Fianna Fail)
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The findings of the sixth report of the Morris tribunal are disturbing not only for the public but for the overwhelming majority of members of the Garda Síochána who are conscientious and honourable and who have been badly let down by some of their colleagues. It finds that a number of persons were unlawfully arrested and detained and that some were mistreated in custody through verbal and, in some cases, physical abuse. This followed directly or indirectly from the investigation into the death of Mr. Richard Barron in Donegal in 1996, which itself was dealt with comprehensively in the tribunal's second report published in June 2005.

The reports of the Morris tribunal have influenced greatly the policy changes underpinning the Garda Síochána Act 2005, a comprehensive reform of the law relating to the Garda Síochána. Among other things, the Act established the Garda Ombudsman Commission, put in place new and more streamlined discipline regulations, imposed a statutory duty on members to account for their actions while on duty and reformed the system of Garda promotions. If these measures had been in place in the late 1990s, there might never have been a need for the Morris tribunal.

It is difficult to find any comfort in the report but I am heartened that it found to be false a claim that conversations between solicitors and persons detained in Letterkenny Garda station were secretly recorded by members of the Garda Síochána.The Garda Commissioner has unambiguously apologised to those found by the tribunal to have been mistreated. He is now examining the latest report carefully with a view to addressing the findings as they relate to individual members.

Looking ahead, the report makes a number of recommendations arising from its findings, mainly centred on how improvements could be made to the law and practice relating to the conduct of interviews with persons in Garda custody but also touching on other aspects of Garda investigations. I will consider these recommendations carefully and I will consult with the Garda Commissioner on emerging proposals for change. We should also be mindful that the tribunal's two final reports are due to be submitted soon, perhaps as early as next month. Members will then have an opportunity to debate all of the reports' findings and recommendations.

Additional information not given on the floor of the House.

This will complete the substantive work of the tribunal. Mr. Justice Morris and his team deserve the appreciation of this House for this achievement. They have exposed the truth of what happened in Donegal in the 1990s and their findings and recommendations which have been the inspiration for comprehensive reform of the Garda Síochána will serve the force and the people well into the future.

Pat Rabbitte (Dublin South West, Labour)
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How can the Minister say that if certain measures had been in place in the late 1990s there may have been no necessity for the Morris tribunal when Mr. Justice Frederick Morris said that what he uncovered in Donegal is not peculiar to Donegal? I ask that the Minister respond to this conclusion.

Dermot Ahern (Louth, Fianna Fail)
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One of the changes made arose from the whistleblowers' regulations which were signed into law in April 2007. There is a confidential recipient, Mr. Brian McCarthy, former Secretary General to the President, who was appointed in March 2008. The system of whistleblowing will become operational once the charter is in place, has been submitted and is approved by me. When it is in place, it will provide a major opportunity for those conscientious members of the Garda Síochána who wish to make a whistleblowing complaint. If it had been in place during the time of the incidents which arose relating to the Morris tribunal, perhaps the tribunal would not have been necessary.

Pat Rabbitte (Dublin South West, Labour)
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What is the Minister's response to Mr. Justice Morris's conclusion that the deficiencies, malpractices, misconduct and indiscipline he discovered in Donegal over six years were not peculiar to Donegal? I ask the Minister to answer the following question rather than reading out whatever is in the file. Never mind the file. Has he had any reports from other parts of the country about the type of malpractices dealt with by the Morris tribunal?

Dermot Ahern (Louth, Fianna Fail)
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From time to time, a Minister with responsibility for justice will receive information. I have not received such information since I became Minister. As a result of the changes made in 2005, the Garda Ombudsman Commission is now up and running and has received a substantial number of complaints on issues brought to its attention by members of the public. The Garda Ombudsman Commission, which replaced the Garda Complaints Board, is a good vehicle. People such as Deputy Rabbitte encouraged it to be put in place to allow these issues to be dealt with so we do not have tribunals. Those gardaí who tend to operate in this way will be cognisant of the fact that stringent conditions and legislation are in place to deal with it.

Pat Rabbitte (Dublin South West, Labour)
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Is it the case that the Garda Ombudsman Commission may not deal with allegations of routine dereliction of duty within the Garda Síochána? I have had a number of contacts from within the Garda since the latest Morris report was published. At least three of these cases detail routine dereliction of duty, malpractice, misconduct and indiscipline, matters proper to the management structure within the Garda and with which the Garda Ombudsman Commission does not and cannot deal.

I know the Minister is in the job a short time and as Minister for Foreign Affairs he was, perhaps, more removed from the work on the ground than the rest of us. I am surprised if the Minister can honestly state to the House that Mr. Justice Frederick Morris was wrong when he concluded that there is routine indiscipline and worse in other parts of the country.

Dermot Ahern (Louth, Fianna Fail)
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In connection with what action has taken place, a new code of disciplinary measures has been put in place as a result of the recommendations of the Morris tribunal.