Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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We move to the third important issue raised by Deputies Daly, O'Rourke and Martin Kenny. They wish to discuss the so-called "heavy gang" and the cases featured in the RTÉ "Crimes and Confessions" programme, which fascinated the nation, not least younger people who did not live through the period. I thank the Minister of State, Deputy James Browne, for being here to deal with this matter.

Pa Daly (Kerry, Sinn Fein)
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During the 1970s and 1980s, "the murder squad" or "heavy gang", whatever way one wishes to describe it, travelled around this State when requested. It operated collectively and it often thought collectively. It formed a consensus. Sometimes it was the right conclusion but other times, and on too many occasions, it was wrong. Its conclusions were sometimes outrageous, sometimes malicious and would sometimes have been laughable if the consequences had not been so tragic for the families and individuals arrested. Lives were left ruined and people were tortured. In the case of Ann Donnelly, who was sitting up in the Visitors Gallery last week, her husband was arrested, charged and convicted, but the conviction was overturned on appeal. Her brother had no second chance. He was arrested and later killed as a result of what happened.

The Government was aware of the heavy gang at the time but turned a blind eye. One former Minister, referring to the methods of this gang in the programme, said they did the right thing, if the unorthodox thing. I ask the Minister to commit to the families that there will be a statutory investigation for their loved ones, and to acknowledge the wrong done, meaningfully apologise on behalf of the State, explain how this happened and make recommendations so that we can learn and ensure it does not reoccur.

Darren O'Rourke (Meath East, Sinn Fein)
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I raise the case of the murder of Una Lynskey in 1971 at Porterstown Lane outside Ratoath in County Meath in my constituency. It was the first and oldest case covered in the recent RTÉ "Crimes and Confessions" programme. The case destroyed a number of families. Ms Lynskey was 19 years old when she was murdered. The case remains unresolved. The Garda investigation into the murder of Ms Lynskey did not deliver justice; it delivered a miscarriage of justice in the case of Martin Conmey and Dick Donnelly, who had his conviction overturned on appeal. Marty Kerrigan was killed. These families have been failed. There are many unanswered questions 15 years later.

James Browne (Wexford, Fianna Fail)
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I thank the Deputies for raising this very important matter. I watched the programme as well.

I am acutely conscious that all of the families and individuals impacted by the incidents which the recent RTÉ series has revisited have suffered significantly over the years as a result of the way in which those investigations were conducted. There is no doubt that the alleged practices detailed were unacceptable at the time and would not be tolerated today. Such incidents cast a shadow over the trust we place in our criminal justice and policing systems to ensure justice is done.

It is important to emphasise, however, that these investigations happened several decades ago and the safeguards which were available at that time to those who were the subject of investigation were very different from those in place today. It was following on from the work of the Ó Briain and Martin committees that the Criminal Justice Act 1984, regulating the treatment of persons in custody, the Garda Síochána (Complaints) Act 1986 and the Criminal Procedure Act 1993, providing a new system of appeal based on miscarriage of justice, were introduced. The available safeguards were further strengthened in the years that followed. Since 2015, An Garda Síochána has a code of conduct which is signed by all members and forms the core of their commitments in relation to behaviour and standards, and I know the Garda Commissioner is committed to upholding the highest standards within our policing service. The Protected Disclosures Act 2014 provides legal protections for anyone who speaks up if they are aware of wrongdoing. There is a protected disclosure policy in place in the Garda which is designed to ensure that any member who raises issues will be fully supported and that each and every Garda member knows they have the right and responsibility to raise their concerns and be confident they will be listened to and addressed.

We have a robust system of Garda oversight in place, including the Garda Síochána Ombudsman Commission, established in 2005. Oversight structures are currently being further strengthened through the Policing, Security and Community Safety Bill 2021, which is implementing the recommendations of the Report of the Commission on the Future of Policing in Ireland, the first principle of which is that human rights are the foundation and the purpose of policing. The Bill will include an expanded remit for the ombudsman and the establishment of a new policing and community safety authority, which will be provided with extra inspection powers and greater independence. Governance within the Garda will be enhanced by the Bill. These provisions, as well as the Garda Síochána (Powers) Bill, will ensure that gardaí adhere to the best international practice in the conduct of all investigations.

Miscarriages of justice serve no one. Those wrongly accused suffer greatly and, equally, the victims and affected families who feel they did not get justice also continue to suffer. As the Deputies will be aware, several of these investigations have previously been the subject of court proceedings, pardons, State apologies and associated compensation settlements. The Tribunal of Inquiry (Evidence) Act makes clear that such inquiries should be established with regard to definite matters of urgent public importance. As the Deputies will appreciate, the Act should be used judiciously and many of the tribunals which have been established to date have proven to be very costly. It is important to listen carefully to the observations made by the judges who have led some of Ireland's recent inquiries, and they have made very clear that public inquiries should serve a clear purpose. It is important also that we remember there are ongoing Garda actions taking place with regard to some of these cases we are talking about. It would not be appropriate, therefore, for any actions to be taken that might impact on those actions. While acknowledging that the details of the methods used in the cases in question remain disturbing, taking all of the current circumstances into account, I do not believe the establishment of a public inquiry into these matters, or something similar, would serve any useful purpose. I will address the Una Lynskey situation in the closing remarks.

Pa Daly (Kerry, Sinn Fein)
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I thank the Minister of State for the reply. Because it is the case I am most familiar with, I want to raise the Kerry babies case. The initial inquiry was a total whitewash and while Joanne Hayes and her family were vindicated through a settlement, there are a number of outstanding issues. One is that the apology did not go far enough. For the gardaí to say the investigation fell far short of the standards of a police investigation must be the understatement of the century. It has never been explained. As their solicitor, Mr. Patrick Mann, has often said, how was it that five or six members of the same family in different rooms in one Garda station all made statements that could not possibly have been true? That needs to be explained. It needs to go beyond an apology and it needs to be explained how that happened. Ms Hayes probably does not have confidence in any investigation but it is important that she gets an answer.

Darren O'Rourke (Meath East, Sinn Fein)
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I thank the Minister of State for his reply. It outlines a series of updates on what is different now from all those years ago. It outlines what the route forward is not, but it does not outline what the route forward is. The option of a statutory investigation needs to be on the table and it should be actively explored. If it is not a tribunal of inquiry, it needs to be something that will provide a resolution to these matters.

James Browne (Wexford, Fianna Fail)
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I have addressed the issue of the proposal around a public inquiry or something similar. In regard to the Una Lynskey case, the events of 50 years ago in Ratoath, County Meath, were an horrific tragedy and I would like to express my deepest sympathies to the families of both Una Lynskey and Martin Kerrigan, whose families continue to suffer so many years after their murders. As the Deputies will be aware, Martin Conmey received an apology from the then Minister for Justice on behalf of the State in 2016 and I welcome the further written apology the Garda Commissioner has provided to Mr. Conmey with regard to the miscarriage of justice he suffered. The Garda serious crime review team will be carrying out a review of that case this year. I hope this review will help to bring some closure to all of the families involved in that case. Any further actions which may need to be taken can be considered upon the completion of the serious crime review team.

As the Deputies will be aware, the Sallins train robbery case relates to an offence that was committed over 45 years ago. The events in question culminated in the overturning of the convictions of two persons by the courts in 1980 and a pardon for a particular individual in 1992.

In regard to the Kerry babies case, as the Deputies will be aware, there remains an active Garda investigation in place with regard to the Kerry babies. In that context, it would not be appropriate for me to comment in any detail on what is an ongoing Garda investigation. I believe Joanne Hayes was very badly and wrongly treated by the institutions of our State at that time. I would like to take this opportunity to reiterate the apology made by the then Taoiseach to Ms Hayes in 2018 for the terrible ordeal she and her family endured 30 years ago. Investigating gardaí continue to believe there are members of the public who have information in regard to the death of baby John in April 1984. I join with An Garda Síochána in appealing to those people to come forward and to contact Killarney Garda station, the Garda confidential line or any Garda station in regard to this matter.