Maurice Cummins (Fine Gael)

I join in the condolences offered to the Minister for Justice, Equality and Law reform, and his wife, on their family bereavement.

I compliment Mr. Justice Morris on the frankness and straight talking in both of his reports to date. It is refreshing that his recommendations are clear and concise and should provide any willing Government the opportunity to address the many concerns outlined. The Minster may say he will address the concerns in the Garda Síochána Bill and I have no doubt that some of them will be addressed. I wonder if, however, it is time to step back from the Bill as it stands and request an urgent analysis from independent experts to ensure that best practice and accountability are fully in place and catered for.

I urge the Minister to consider this request. I expect this independent analysis to take place within a short timeframe of between three and four months, because the sooner we have legislation in place to address the concerns of Mr. Justice Morris, the public and indeed the ordinary members of the Garda, the better it will be.

What happened in Donegal was appalling. To have a family systematically targeted, as were the McBreartys, was shocking and raises serious questions about transparency and accountability of the Garda force at all levels, with specific reference to the inadequacies encountered in Donegal. Several questions need to be answered and we need no fudge on the issue raised in the Morris tribunal. Why were the former Garda Commissioner, the former Minister for Justice, Equality and Law Reform and the former Attorney General left outside the remit of the terms of reference of the tribunal while, at the same time, some of these figures had full legal teams attending the tribunal on a watching brief? Meanwhile, the central figures, the McBreartys, were not allocated legal costs. It was a disgrace that the innocent parties were forced to face the might of all the legal eagles of the State, while they were denied their legal rights and costs

There was a plethora of Garda investigations into the Donegal debacle, possibly eight in total. How much did these investigations cost and why will the Minister not publish the relevant reports? Why not have everything on the table at this stage? It is time for complete openness and transparency on this issue and I call on the Minister of State to answer the question this evening about the publishing of these reports, and the investigation costs.

There is grave public disquiet at how the main Garda figures mentioned in the Morris tribunal have been dealt with by the Garda Commissioner. That issue was previously raised in this house. The Commissioner should have awaited a decision from the Director of Public Prosecutions before deciding to allow Garda superintendents to retire with full pension rights and golden handshakes. The decision to transfer the five gardaí mentioned in the report to full duties in another district is also questionable, to say the least.

Many questions remain to be answered and I call on the Minister for Justice, Equality and Law Reform, his predecessor, Deputy O'Donoghue, and his predecessor, Ms Nora Owen, if necessary. along with Garda Commissioner Conroy and his predecessor, former Garda Commissioner Byrne, to come before the Oireachtas Joint Committee on Justice, Equality, Defence and Women's Rights to answer questions and account for their actions regarding what is termed the McBrearty affair, from beginning to end. This would be the proper forum for the people in question to be questioned on their actions and indeed their inaction on this issue.

One question that must be asked is why the McBreartys were not informed at the inquest stage of the re-designation from a murder investigation to one of a hit and run. Why did the Minister for Justice, Equality and Law Reform not place this information on the record of the House at that time?

The question of whether we should have a one-person Garda ombudsman or a three person commission, as advocated in the Garda Síochána Bill and by the Minister, was discussed at length in this House during the Bill's passage. No matter what argument was put up regarding the success of one ombudsman, as is the case in Northern Ireland, the Minister seems intent on his commission idea. He should take cognisance of what Senator Maurice Hayes said in this House today, and of the reservations expressed by Professor Dermot Walsh of the University of Limerick.

An ombudsman or commission, if put in place, must investigate all complaints, not some. Gardaí should never be in a situation where they are investigating other gardaí for minor or other complaints. If a Commission is put in place, it should do the job fully. This is the view of gardaí and superintendents to whom I have spoken. With regard to the police inspectorate meant to monitor the performance and accountability of the Garda, we must have assurances that this will be carried out by an independent body totally separate from the Garda or former senior gardaí, otherwise the lessons outlined in the Morris tribunal will be lost on us.

Mr. Justice Morris spoke of a circling of the wagons culture, which may have contributed to a situation of obstruction and which may have gone back to the monolithic origin of personnel deployment within the Garda, and their training. I agree with Senator Maurice Hayes that the current type of training of gardaí in Templemore is fundamentally wrong and needs to be changed. There is a need for change in the collective thinking and attitude that currently exists. Recruits should be interspersed with other third level students, pursuing relevant courses, as Army cadets currently do. In Boston, recruits mix with ordinary students in third level colleges, in courses specifically designed to meet the challenges of everyday life in law enforcement, and that is viewed as a positive step. Why not adopt best practice of other countries when possible?

The image of the Garda force has been damaged by the malpractice of some members in Donegal. What happened there should in no way tar with one brush the vast majority of decent members of the force. It should not provide a platform for subversives to attack a force that has defended the institutions of this State in difficult times over the years. However, this should be taken as a wake-up call which will see a new root and branch reform of the structures of the Garda, and that responsibility lies ultimately with the Minister. I hope the Minister of State will respond this evening in the open and transparent manner which he and all of us expect the Garda Síochána to exhibit. I hope we will get answers to the questions I posed here this evening.

No person has yet been apprehended and charged with regard to the death of Richie Barron. This fact must not be lost in this debate. How must the Barron family feel in its grief since after all these years, nobody has been charged with Richie Barron's death? We should not forget that this is where it all began. The Minister has a golden opportunity to act in a responsible manner and put in place all necessary structures to ensure the Garda force will act properly at all times in the future. He should be prepared to listen to constructive criticism and ideas in order to improve the Garda Síochána Bill. I ask the Minister of State to address the matters I have raised here this evening.