Seanad debates

Tuesday, 7 December 2004

Garda Síochána Bill 2004: Committee Stage.

 

3:00 pm

Photo of Jim WalshJim Walsh (Fianna Fail)

Following on from the amendments tabled by Senator Tuffy and the Minister's undertaking to examine them prior to Report Stage, a related issue is when the Director of Public Prosecutions decides not to take a case, based on the file submitted. Under the current system, the director is not obliged to give an explanation as to why this happens. In some cases this has led to frustration within the Garda. I am not sure how this circle can be squared and it may not be possible to do so. However, such action can impinge on Garda morale. Gardaí may have invested much time in pursuing a case where they felt comfortable the evidence was sufficient to back it up in court. However, it is then not prosecuted by the Director of Public Prosecutions for good reasons he or she may have. As there is no liaison on this, it can lead to an adverse effect on morale within the force. Can this issue be addressed?

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