Maurice Cummins (Fine Gael)

There is no doubt that we need accountability within all ranks of the Garda. The second report of the Morris tribunal unearthed a murky side in regard to the activities of some members of the force, a side most of us did not perhaps believe existed prior to this. The report made us aware of instances of gross incompetence, corruption, personal vendettas and the destruction of lives and livelihoods. It also demonstrated the great disrespect shown to the late Richie Barron and the search for the truth surrounding his untimely and undignified death.

We had the unedifying sight of senior gardaí who may have believed they were above the law and who, by their activities, eroded the pride and the confidence the public had in the force. We must have accountability if we are to address the recommendations of Mr. Justice Morris. I am concerned, however, that due process and natural justice must be seen to apply at all times. Amendment No. 52 provides for a new section 35 which stipulates that where a member of the Garda fails to account for any act done or omission made while on duty, he or she may be informed by a member of higher rank that such failure may lead to dismissal.

I agree there is a duty to account for one's actions but I ask whether this is another charter for bullying within the force. If, for instance, a higher ranking garda has a grudge against a more junior member of the force, could the former resort to use of this section to remove his or her colleague? Are there any safeguards in place to prevent such an eventuality and does the Minister believe any such safeguards are necessary?

Industrial relations difficulties may accrue as a result of this section and the Minister has mentioned that he is getting advice from the Attorney General in this regard. However, a question remains in regard to constitutionality in that gardaí may lose their livelihood in a summary fashion under the provisions of this section. I would never condone wrongdoing but due process and fairness must apply.

Amendment No. 54 relates to the duties of the Garda Commissioner to provide information to the Minister. Given the obvious concerns that have been raised at the Morris tribunal and the revelations that the Garda authorities did not hand over files when requested to do so by the Attorney General, will the Minister confirm that he will maintain authority over the Garda Síochána? He has given some assurances in this regard but I ask him to clarify them. Will he guarantee to the House that where the Department of Justice, Equality and Lw Reform requires files or records — for example, in cases where it is the contracting authority — that this information will be provided and that such provision will be retrospective?

I ask this in view of the concerns relating to the contract for the supply of video interviewing recording systems. Will the Minister instruct the Garda authorities to provide his Department with all the files and records the Garda authorities hold in regard to the awarding of this contract, including all the information and correspondence in regard to the valuation of the three systems that were offered? EU legislation states that information relating to the selection of successful tenders should be provided within 15 days. It is now more than four years since the Department of Justice, Equality and Law Reform sough this information and it has been thwarted at every step. Will this legislation allow the Minister to acquire these documents? If not, what is the reason for this?

The Minister observed that it would be a disgrace if he could not access documents in the possession of the Garda. Will this be the case in regard to this disgraceful matter, which has been raised at meetings of the Committee of Public Accounts? I ask the Minister to reaffirm his earlier statement in regard to this. It is a pertinent point that the Minister for Justice, Equality and Law Reform, as the leading law enforcer for the State, should have access to the documents he or she requires from the Garda.