Dáil debates

Thursday, 2 October 2008

3:00 pm

Photo of Joe McHughJoe McHugh (Donegal North East, Fine Gael)
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Question 6: To ask the Minister for Justice, Equality and Law Reform his views on the absence of adequate storage facilities for sensitive evidence in Garda stations; and if he will make a statement on the matter. [32800/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I have been advised by the Garda authorities there is a property store in each Garda district for the purpose of storing both property coming into the possession of the Garda Síochána and court exhibits. I am further advised that a new property and exhibits management system is being introduced in the Garda Síochána. The purpose of the system is to establish a property store in each Garda division with enhanced facilities to manage all property coming into the possession of the Garda Síochána in that division, with a small number of very specific exceptions, which may be required to be retained securely at local Garda stations.

The system is being introduced on a phased basis, with two pilot locations at Store Street and Athlone Garda stations now fully operational. The system is being extended with a new divisional store recently operational in Waterford for the Waterford-Kilkenny division and a further four locations are planned to be completed by the end of this year. The implementation is being overseen by a Garda implementation group.

Further locations are planned subject to the availability of resources and as suitable locations become available for use. In the interim, property coming into the possession of the Garda Síochána will continue to be handled in the manner prescribed in Garda procedures, which is subject to audit and inspection.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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Does the Minister accept newspaper reports from the early summer which claimed key evidence in murder trials was left piled on top of lockers in Garda stations because of the absence of secure units? This is wholly unacceptable for the criminal justice system. Is the Minister confirming that the divisional property stores are still confined to the two pilot project locations? If that is the case, it records no improvement since earlier this year. What is the target for the development of such a store in each Garda division. It is not sufficient to have two pilot projects. Is there an insurance for the criminal justice system that there will be secure and fire-proof Garda divisional property units?

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I already stated there is a property store in each Garda district for the purpose of storing property required for court exhibits or property that comes into the possession of the Garda. It has been decided to roll out a property-exhibit management system in order to, if necessary at times, centralise the holding in the division rather than the district. There is no sense as to why items would be kept on top of filing cabinets because in each Garda district there is a property store. The Garda is moving to introduce a more modern system which complies with best international practice. Gardaí, as part of their training and as a result of recent significant court cases, have a duty to retain items as court exhibits. They have the facilities with a property store in each Garda district.

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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Is the Minister denying the published newspaper reports to which Deputy Charles Flanagan referred on the contamination of forensic evidence and exhibits being carelessly stored on top of filing cabinets? If the Minister is denying these reports, that is fine as it is consistent with his answer. I come into the House on the basis of believing what the Minister tells me in the House. How can I reconcile what the Minister has just said and what I read and was not denied in a newspaper report? In the time of Sherlock Holmes care would be taken that forensic evidence would be protected from contamination. The fact that this is not happening has been alleged by a serious newspaper writer and not contradicted.

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I cannot guarantee that items are not in some way damaged or lost. It comes back to human nature. We must, however, give the Garda credit for the measures it has taken. It is not satisfied with the existing system and is trying to make it better by putting in a fully automated and computerised system. It will allow the Garda to have a database to track from a divisional point of view exhibits held in various locations. I am not claiming the Deputy is criticising but there will be incidents through human error and some neglect where difficulties could arise. The Garda has been given the resources to put this new management system into place as much as is humanly possible so that court exhibits are kept safely.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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It is neither feasible nor fair of the Minister to put the entire onus of this matter on the Garda Síochána when he speaks of proposed improvements. He knows Garda improvements are dependent on Garda resources which, in turn, are dependent on the Minister and the manner in which he makes them available. With the economic downturn, will the Minister confirm the €260 million promised for new and upgraded Garda stations will not be adversely affected?

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The aim of the property management system is to establish a property store in every Garda division which will manage all property coming into the possession of the Garda Síochána in that division. With the exception of a small number of specific items, property coming into Garda possession will be retained at the appropriate divisional property store. This is in order to centralise it and allow the Garda to track the exhibits at divisional level. A computerised system is being put in place to automate the tracking of evidence.

I am not abdicating responsibility. The Government has provided the Garda with the resources to put the system in the place. That is my responsibility. The running of that management system is a matter for the Garda.

Photo of Michael D'ArcyMichael D'Arcy (Wexford, Fine Gael)
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I hope it will not be like PPARS.