John Minihan (Progressive Democrats)

To indicate there is no ill-feeling, I would like to begin by quoting a distinguished Member and former leader of the Fianna Fáil Party who said in County Clare many years ago, "As I was saying".

Any democracy needs a fully functioning police force that commands the respect and confidence of its citizens. Our democracy needs such a force. Reform of the Garda is necessary and that is the kernel of the debate. I join previous speakers in expressing support of the Garda. I have the distinction, unlike other Members, of having worn the uniform of the State for 21 years and working closely on operational duties with the members of the force. During that time, I encountered fine, upright, honest, brave and hard working members to whom all citizens should be indebted for their daily duties. However, because of the actions of a limited few, we are in danger of an overreaction, which could demoralise the many fine, hard working and honest members of the Garda. As legislators, we should bear that in mind when we comment on the entire force.

The motion addresses police reform, a process manifest in the Garda Síochána Bill 2004, which contains the most important legislative proposals on policing ever to come before the Oireachtas. The Minister should be commended for bringing forward legislation, which will act as a constitution for a modern and even more professional police force. A culture of reform has been needed within the force for a number of years. The proof that such reform was necessary was provided by Mr. Justice Morris in his tribunal reports. It must be ensured the Garda Síochána Bill 2004 should be enacted without delay.

I, along with many Members, was astounded by the forthrightness of Mr. Justice Morris's second report and its conclusions, on which he should be complimented. The second report was harder hitting than the first and I commend the Minister's statement on the day of its publication that recommendations contained in the reports would be taken on without delay. The people of Donegal, wider society and, most importantly, gardaí need that to happen if confidence is not to be lost in the force.

Confidence or esprit de corps is an essential element of a military or police force. Gardaí do a difficult and dangerous job and they must rely on their colleagues. They must have confidence in the honesty and integrity of those standing beside them. It is the responsibility of those in supervisory roles within the Garda to ensure esprit de corps is not perverted and used to erect a wall of silence such as that which faced the chairman of the Garda Complaints Board.

The Association of Garda Sergeants and Inspectors stated the findings of the second report of the tribunal represented a black day for the force and the shortcomings it identified need to be addressed. The responsibility of addressing them and rebuilding morale will fall largely on the shoulders of the AGSI members and other senior officers within the force. They will have to ensure, in future, esprit de corps does not take precedence over honesty, integrity and truth. It is an onerous task but with rank comes responsibility and the Garda is capable of responding to that challenge.

A democracy needs a force that commands the respect and confidence of its citizens. If citizens continue to believe members of the Garda are inclined or willing to reject evidence that points to the innocence of a person or coerce statements from, pursue, arrest, frame and harass innocent people, respect will evaporate and confidence will totally dissolve. Our society needs reform of the Garda, as promised by the Garda Síochána Bill 2004.

The motion correctly highlights the urgency required to make that reform happen. Under a programme of reform, the Garda Síochána Acts, 1924 to 1989, should be replaced by comprehensive modern legislation. The functions and objectives of the force should be established in law and the relationship between the force and the Garda Commissioner with the Minister for Justice, Equality and Law Reform and the Government should be redefined. A fully independent body should be established to deal with complaints and examine practices and procedures within the force. New mechanisms should be designed to secure and maintain public confidence and a reform process must establish an inspectorate, which will review and report to the Minister regarding practices, standards and performance within the force. The review should be benchmarked against best practice in other comparable international police forces. Local policing committees should also be established with the Garda and local authorities representing communities so that they can co-operate and work together to address local policing problems.

The Garda Síochana Bill 2004 addresses such reform and, for the first time, comprehensive legislative reform of the force is being addressed. The timing of the report by Mr. Justice Morris and his team was an ironic coincidence. The Bill has not been passed and amendment is likely. The report of the Morris tribunal emphasises the requirement of us, as legislators, to ensure the necessary legislation is enacted without delay.

The motion refers to the so-called one-person ombudsman. There is a reluctance and inability among a number of groups to get their heads around the concept of an ombudsman commission. A fully independent body is needed to deal with complaints and to examine the practices and procedures of the Garda. I am not hung up on whether that body comprises one person or a few people. However, I welcome the Minister's proposal to table an amendment on Report Stage in the Dáil to appoint one person as the chairperson of that body. As he stated in the Dáil, the Supreme Court operates on a group rather than an individual basis. If the legislation provides for a one-person ombudsman, how will holidays and other absences be covered? We should not be hung up on the numbers as long as the job is done.

The goal is to increase internal debate, deliberate action and carefully thought through consequences. I support these objectives and call on all groups to get on with making the necessary reform provided in the new legislation a reality as quickly as possible. The Morris tribunal, the experiences of the Barron and McBrearty families and the needs of the Garda and society demand that much of us.