Martin Ferris (Kerry North, Sinn Fein)
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Question 9: To ask the Minister for Justice, Equality and Law Reform if he has had discussions with the Garda Commissioner following the Supreme Court ruling (details supplied) on the matter of the loss of or failure to preserve evidence by members of the Garda; and if he will take steps to minimise such losses in the future either through Garda training, changes to evidence storage facilities and procedures or the upgrading of stations to ensure that the secure accommodation of evidence is feasible. [40227/08]

Dermot Ahern (Louth, Fianna Fail)
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The case referred to by the Deputy concerns the preservation of evidence by An Garda Síochána. The judgment delivered on 31 July last sets out in detail the specific circumstances of the case and the need to ensure that evidence is available for the defence to ensure there is no risk of an unfair trial. The court reiterated the judgment given in another recent case, Savage v D.P.P., that best practice would dictate that An Garda Síochána give notice to an accused, or potential accused, of the intention to destroy evidence which may reasonably be material relevant to a trial, giving such persons time to have evidence examined, if they so wish.

I am advised by the Garda authorities that they are studying the judgment and its implications for training and procedures for the force, and arrangements are being put in place to ensure compliance with the judgment. I am also advised by the authorities that there is currently a property store in each Garda district for the purpose of storing both property coming into the possession of An Garda Síochána and court exhibits. A new property and exhibits management system is currently 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.

There are now five divisional stores in operation. A further two locations are planned to be operational by the end of this year. 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.

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Is the Minister satisfied that everything is done to ensure that evidence collected by the Garda will be available for future court cases? I was involved in one case as a witness and in that case the murder weapon went missing in a Garda station and was never subsequently found. We have also read reports of evidence being stored in locker rooms by gardaí. When will the new property storage and management system be completed to ensure the gardaí are not frustrated when cases collapse due to the absence of or the failure to preserve key evidence?

Dermot Ahern (Louth, Fianna Fail)
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Obviously, I cannot guard against human error. There will always be circumstances where human error will occur. However, gardaí have a duty to preserve, to the best of their ability, exhibits for court evidence. The Garda is changing the system to bring these divisional stores into operation. There are stores in Athlone, Waterford, Templemore, Enniscorthy and Store Street and two more are due to come into operation. Currently there is a store in each district designated for the collection and retention of evidence.

I am also considering changing the law, as was indicated in the court case. There are issues with regard to people being deprived of their property for considerable periods of time while a case is being considered by the Director of Public Prosecutions and eventually brought to court. We are trying to provide for a situation whereby, subject to agreement between the defence and the prosecution, a piece of evidence could be examined and returned to the owner.

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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In some cases the evidence can be large items. In the case I raised it was a motor vehicle. Is there sufficient storage space for items of evidence of that size? In the case I mentioned that piece of evidence was destroyed before it could be independently examined. There could be a number of vehicles involved if there are a number of cases. There is also a need for court cases to be dealt with more speedily so evidence is not taking up space in the Garda stations.

Dermot Ahern (Louth, Fianna Fail)
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It has not been brought to my attention that there is a difficulty with storage of vehicles. When gardaí impound vehicles and take in vehicles that have been involved in road traffic accidents, they must have locations for their storage. To the best of my knowledge they are able to manage this. Indeed, I was involved in a case in Donegal in which a circus lorry was retained for a significant period as evidence. Its retention caused extreme difficulty for the circus owner, even though the lorry was somewhat peripheral to the accident. Thankfully, it worked out in the end.

Pat Rabbitte (Dublin South West, Labour)
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It is a great county for circuses.

Dermot Ahern (Louth, Fianna Fail)
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I am conscious of the difficulties in this regard.