Pat Rabbitte (Dublin South West, Labour)
Link to this: Individually | In context

Question 66: To ask the Minister for Justice, Equality and Law Reform if he has received communication from the Garda Síochána Ombudsman Commission regarding a possible public interest inquiry into the circumstances in which serious drug charges against a person (details supplied) were dropped; if the internal Garda inquiry into the affair has been concluded; if he has received a report from the Garda on its inquiry; and if he will make a statement on the matter. [14551/09]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

I have previously informed the House that I received an interim report from the Garda Commissioner concerning certain inquiries being carried out by an assistant commissioner into events related to a particular case involving a convicted drug dealer. I am informed by the Commissioner that those inquiries are still ongoing and I await a full report from the Commissioner as soon as those inquiries have been completed.

The House will be aware that when this matter first came to light I agreed to a request from the Garda Commissioner that the interim report which he had provided to me should be forwarded to the Garda Síochána Ombudsman Commission. The ombudsman commission has indicated that it is conducting a public interest inquiry relating to the case. The ombudsman commission is well placed to look into all aspects of this case and to establish the full facts. I am informed by the Garda Commissioner that there is ongoing liaison between the Garda Síochána and the ombudsman commission on its inquiry.

Deputies will be well aware that the Garda Síochána Ombudsman Commission is an independent authority established under the Garda Síochána Act 2005. The independence of the ombudsman commission is a cornerstone of its operations and an important guarantee of its integrity. I am sure no Member of this House would suggest that I should interfere in this, or any, investigation being carried out by the ombudsman commission. Accordingly, I propose to await the report of its investigation into the matter.

In the circumstances, therefore, I believe it would not be appropriate for me to make further comment about the case pending the outcome of the ombudsman commission's work. It goes without saying that if any action on my part is required as a result of the ombudsman commission's investigations then I will take it.

The House will be well aware that there has been considerable media publicity in recent days concerning the issue of a road haulage operator's licence to the person referred to in the Deputy's question. That issue is the subject of a separate review by the Minister for Transport. I hope the House will appreciate, therefore, that I am somewhat constrained in what I can say about the matter and accept that we must await the establishment of the facts in this case, in particular by the ombudsman commission. The ombudsman commission has confirmed to us that it has included the issue of the granting of the licence to this person as part of its remit.

Pat Rabbitte (Dublin South West, Labour)
Link to this: Individually | In context

How long does the Minister intend continuing to tell the House that it is an interim report? This matter happened on 31 July last year. How long does the Minister think he needs in order to come in here and outline plain facts about this case? I ask him to stop sheltering behind the ombudsman commission. If he is not sheltering behind the skirts of the ombudsman commission he is sheltering behind the Minister for Transport. The bare facts are that this person was found red-handed in possession of £1.7 million worth of drugs and the charge was dropped. A nolle prosequi was entered on the last day of the court term without notice to the court. How can the Minister explain that? He has just said the drugs trafficking trade is a large component of the driving of the phenomenon of gangland crime. How could a convicted drugs importer get an international licence to import death into this country, despite his convictions? The Minister comes in here as the man responsible for the Garda Síochána and says to us the matter is with the ombudsman commission or the Minister for Transport. People are in disbelief that somebody with three serious convictions and then caught red-handed in possession of a huge consignment of drugs had the charges dropped. Now somebody is covering up for him and issuing a licence to him to repeat the performance. I find this beyond belief.

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

There was no delay on my part. When I got the interim report from the Garda Commissioner, I suggested, and it was agreed, that the interim report would be sent to the Garda Ombudsman Commission. I did so because it raised serious questions and serious questions were being raised in the media on the issue. As I said, with regard to the granting of a licence, neither I nor the Department had received any communication on the issue. The issue of a "good repute" check was purely a matter between the Department of Transport and the Garda Síochána, as is always the case. I understand the Department of Transport generally seeks the Attorney General's advice on the granting of a licence in circumstances where people have previous convictions. I am not speaking about this specific case, but this is generally the case where people have previous convictions, such as where those with previous convictions apply for taxi licences. There is considerable case law in that area and there have been successful challenges in the courts where the Department of Transport has been obliged to grant a licence, even though people have been convicted of previous offences. I am speaking generally in this regard.

The Deputy has said there is disbelief. There would be disbelief if this House or any politician were to interfere in the independent process that was set up by the House to investigate complaints against gardaí. That is the reason we have the Garda Ombudsman Commission. It is investigating the situation and has upgraded its investigation into a public interest inquiry. It would be very wrong of me, the Deputy or anyone in the House to interfere with that. I will not do that.

Pat Rabbitte (Dublin South West, Labour)
Link to this: Individually | In context

The Minister has responsibility for the Garda Síochána. He has just said an interim report was given to him some months ago. This event happened on 31 July. How long does it take for the Garda Síochána to complete its report? Is the Minister satisfied a nolle prosequi was entered in the circumstances described? Is he satisfied that should have happened?

With regard to the person concerned, the information is that he is not, after all, a Garda informant. Therefore, who is running, sheltering and protecting him? Are the individual gardaí sheltering him acting on their own accord? Do they think they are acting in the public interest or are they acting for corrupt purpose? After all we have seen and after the Minister's admission that a large component of the gangland feuding that is wrecking some of our communities is driven by the drugs trafficking trade, I would have thought that as Minister he would want to hear from the Garda Síochána, after ten months, what the hell was going on. I would think he would want to hear why a convicted drugs dealer could get a licence to resume importing death into this country, if that is his disposition, and to do that with impunity.

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

With regard to the report, the Garda quickly produced an interim report. That interim report was referred immediately to the Garda Ombudsman Commission. A final report by the Garda Síochána is due and it will, ultimately, be fed into the Garda Ombudsman Commission. On the issue of a nolle prosequi, it is not for me to say whether that should have been put into the District Court at that time. That is not an issue for the Minister for Justice, Equality and Law Reform, but an issue for the independent DPP, as the Deputy well knows.

Pat Rabbitte (Dublin South West, Labour)
Link to this: Individually | In context

Is the Minister satisfied that it should have happened?

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

Allow the Minister to conclude.

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

Regarding the Deputy's allegations about people being informers or gardaí being complicit in any wrongdoing, I strongly suggest that he leave the matter to the independent Garda Síochána Ombudsman Commission, which was rightly established and given powers by the House in the aftermath of the Morris tribunal, to determine whether there has been any wrongdoing. It should be done by an independent body not this House. We do not need to set up independent tribunals. Rather, the commission should be allowed to get on with its work. If it makes recommendations, the House and I will bear them in mind and pass whatever legislation or orders are necessary to ensure the like does not recur.

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

Ceist Uimh. 67.

Charles Flanagan (Laois-Offaly, Fine Gael)
Link to this: Individually | In context

Is the Garda co-operating fully?

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

Yes. I have been informed by the Garda Commissioner that the Garda is co-operating fully despite what has been reported in the media.

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

I have called Question No. 67.