Dáil debates

Wednesday, 4 July 2018

Topical Issue Debate

Garda Commissioner Appointment

5:05 pm

Photo of Bríd SmithBríd Smith (Dublin South Central, People Before Profit Alliance)
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I welcome to the Gallery the sole survivor of the Miami Showband massacre and the brother of the three young Reavey brothers who were shot dead in a sectarian attack. They are here because they head up a group known as the Truth and Reconciliation Platform. To my knowledge, the only real condemnation of the appointment of Drew Harris as Garda Commissioner was made by Stephen Travers who survived the Miami Showband massacre. Mr. Travers condemned the appointment for all the right reasons and we all heard him on "Morning Ireland" outline those reasons. I am shocked by the silence in this House about this appointment. I lived through the Troubles and, as a young woman from a republican family, I witnessed the distress of families who were victims of sectarian attacks, from both sides. This group represents families, victims and survivors from both sides and should be commended on that.

The appointment of Drew Harris as Garda Commissioner is like sticking a knife in their back. Mr. Harris has a record of blocking truth for the truth and reconciliation process that is needed to achieve closure on many issues in the North. I refer to what was said about him by a Belfast judge, Mr. Justice Treacy, in 2010 when he accused Mr. Harris of an extreme abuse of power in closing down the Historical Enquiries Team, removing its budget and powers. In doing so, he make clear that the state was not genuinely committed to addressing the concerns of the families, survivors and victims.

When one has a conversation with survivors, families and victims one realises that for many years they have been blocked from finding the truth. The Minister should think about that. How would he feel if his son, brother or someone else close to him was killed and he wanted to know who killed him and why and how he was killed? As the Minister will be aware, the collusion of the British and Northern Ireland state in these killings is common knowledge and a Belfast court has ordered an investigation into the matter. We have been trying to achieve a similar investigation into state collusion in the Dublin and Monaghan bombings. The survivors and relatives of the victims of the Miami Showband massacre are taking a case to court. We know there are major question marks surrounding the involvement of Drew Harris in the blocking of information to these families.

I have a simple question for the Minister. Could he envisage a scenario in which the Garda Commissioner, namely, Drew Harris, is arrested and taken North to attend a trial that the survivors and families of the Miami Showband massacre manage to secure and give evidence on why he blocked the release of at least two files that pertain to what was known as the Glenanne gang? This group colluded with British MI5 forces to carry out at least 89 sectarian murders. How would the Minister, as a member of the Cabinet and Government, feel if the Garda Commissioner, who he so proudly appointed to do such a great job, was arrested on the ground that he blocked justice being delivered to the families, relatives and survivors of these horrendous sectarian murders? That is a possibility in the future and I would like the Minister to address it because that is what is at stake with this appointment. Put to one side the hurt and the stab in the back to the families and victims of collusion, who need closure, how does this appointment compromise the State, the Minister's office and the role of the Garda Commissioner potentially in the future?

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I want to acknowledge the hurt, loss and sense of suffering on the part of all victims of the Troubles in Northern Ireland and on the island of Ireland over the years. I also want to acknowledge the broad welcome the appointment of Mr. Drew Harris as Garda Commissioner has received. This is the first occasion upon which the independent Policing Authority has recommended a candidate to Government, following a rigorous selection process conducted by the Public Appointments Service on its behalf. A great deal of work went into ensuring that the widest possible field of qualified candidates put themselves forward. I welcome the successful conclusion following the recent decision by the Government to appoint Mr. Drew Harris as the next Garda Commissioner.

As a well-respected Belfast-based newspaper stated during the week, Mr. Drew Harris is not an outsider, he is a policeman, he is an Ulsterman and he is an Irishman. He has defended the institutions of democracy and rule of law all his life. His father was murdered by terrorists with a political agenda in breach of democracy and rule of law. As Garda Commissioner, Mr. Harris will have the full functions of that role, including safeguarding the security of the State. On taking up office in September, he will, like all entrants to An Garda Síochána, make a solemn declaration, under section 16 of the Garda Síochána Act 2005, to uphold the Constitution and the laws of the State. The incoming Commissioner is a person of huge ability and the highest integrity. I know he has enormous respect for and knowledge of An Garda Síochána, having worked with members of the organisation as close colleagues over the course of his career.

As I have said, this is the first occasion the independent Policing Authority has exercised its function in regard to the filling of this important position.

All those who put themselves forward were subject to robust scrutiny by an independent expert interview board which determined that Mr. Harris was the best person for the office. lt is only right and fair to give him the opportunity to be judged based on his performance in his new role which he will take up at a time of major reform and investment that will redefine An Garda Síochána as an organisation. In addition, the start of his tenure will coincide with publication of the report of the Commission on the Future of Policing in Ireland which will chart a new course for policing in the decades ahead. I am confident that Mr. Harris has the necessary ability and vital policing, security and change management experience required to lead An Garda Síochána at this critical time. He will bring his talents to the challenge of transforming An Garda Síochána in order that it will become a model of policing excellence, equipped to deal with the huge range of challenges such as those facing police services worldwide. He can be assured of my support and that of the Government and most members of the House in his endeavours.

I am sure the Deputy will agree that dealing with the legacy of the Troubles on the island is a complex and sensitive task, one to which there are no easy solutions. In my previous role as Minister for Foreign Affairs and Trade I spent a great deal of time working with the main parties in Northern Ireland and the British Government to identify ways to address the legacy issues that continue to hold back politics in the North. In 2014 we, collectively, agreed a framework of measures in the Stormont House Agreement. The Garda authorities will continue to co-operate with the Police Service of Northern Ireland in all relevant criminal investigations, be they historical or contemporary, in accordance with the arrangements in place. Regrettably, the political impasse in the Northern Ireland Executive has delayed the roll-out of these measures under the Stormont House Agreement. With the Tánaiste, Deputy Simon Coveney, and the Taoiseach, I will work hard to seek the re-establishment of the Executive for the benefit of all the people of Northern Ireland.

On the issue of unresolved and Troubles-related criminal investigations in this jurisdiction, the Garda authorities will fully pursue any new evidence or information that comes to light, with a view to bringing the perpetrators of crimes to justice.

My Government colleagues and I look forward to working with Mr. Harris as he takes up this exciting, not to say challenging role, in which we wish him every success.

5:15 pm

Photo of Bríd SmithBríd Smith (Dublin South Central, People Before Profit Alliance)
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As usual, I did not get the answer to the question asked. I have got used to not really expecting answers to really difficult questions. I believe, however, that the Minister may have given this issue some consideration. If he did not, he should have. He started his statement by referring to the rigorous selection process that had reached the decision to appoint Mr. Drew Harris. He must have thought about the possibility that in the future a person who had blocked information going to the families and survivors might possibly be arrested and brought before the courts in the North of Ireland and face a demand to give evidence there. If he has not considered this possibility, the process was not rigorous. Having blocked for six years the issuing of files to families, last August Mr. Harris was ordered to hand them over within 12 weeks. Last week the families received some of them. I do not know exactly how many they received, but two were held back. They relate to the Glenanne gang and a person known as the "Jackal". He refused to hand them over. The refusal to hand them over could be the subject of a court case. Is it right that a court should have to order the head of the PSNI, formerly the RUC, to hand over files within 12 weeks and that almost one year later he had only just about handed them over? I ask the Minister to picture the families who have waited six years for files and all of their lives for justice. At the end of July it will be 43 years since the Miami Showband massacre. The families have been denied access to the files by the State and now they will see a situation where a person who was the head of the PSNI will be the Garda Commissioner with access to files on their loved ones, files which they cannot access. Is that fair or just? Is it the justice the Minister wants to present?

On 31 July we will, sadly, commemorate the slaughter of the members of the Miami Showband. On behalf of the survivors, I ask the Minister and the Garda Commissioner to join us at the commemoration to meet the families and have this discussion with them. It will take place in Dublin.

Photo of Frank O'RourkeFrank O'Rourke (Kildare North, Fianna Fail)
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The Deputy's time is up.

Photo of Bríd SmithBríd Smith (Dublin South Central, People Before Profit Alliance)
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I also ask the Minister to delay the appointment of Mr. Harris until he meets the families and answers their questions.

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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Neither I nor the Government will delay the appointment of Mr. Drew Harris. The appointment of a new Garda Commissioner is always significant, but it is particularly so with the appointment of Mr. Harris, the first person from outside the jurisdiction to be appointed to the position since the establishment of An Garda Síochána almost 100 years ago. The new Commissioner is a person of huge ability and the highest integrity. He worked in the PSNI throughout its transformation following the peace process. I am sure that experience will help him greatly in his new role as Garda Commissioner. Co-operation between the PSNI and An Garda Síochána has never been as good and this appointment will serve to cement that relationship even further.

As we approach the centenary of the establishment of An Garda Síochána, the organisation is on the cusp of significant change. The expert Commission on the Future of Policing in Ireland is in the final stages of its work and its report will chart a new model for policing in the decades ahead. The new Commissioner will take up his post at this critical time. I look forward to the Deputy's contribution, with that of every other Member in the House, in ensuring the institutional framework agreed under the Stormont House Agreement can be established at the earliest opportunity to deal with the issue as raised.

I offer my condolences to all those involved, especially those affected by the brutal massacre to which the Deputy referred. I will not comment, however, on any court decision in Northern Ireland, no more than I would comment on any court decision here.

Photo of Bríd SmithBríd Smith (Dublin South Central, People Before Profit Alliance)
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Even when it involves the Garda Commissioner.

Photo of Frank O'RourkeFrank O'Rourke (Kildare North, Fianna Fail)
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Please, Deputy.

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I look forward to working with the incoming Commissioner. Our shared objective is ensuring the security of the State and the safety of the public. I am sure the Deputy and all other Members of the House will join me in wishing Mr. Drew Harris every success as Garda Commissioner and assuring him of our support at this challenging time as he takes up the position during what is an interesting and exciting time for An Garda Síochána.

Photo of Bríd SmithBríd Smith (Dublin South Central, People Before Profit Alliance)
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Will the Minister accept the invitation to attend the anniversary commemoration of the Miami Showband massacre?