Joe O'Toole (Independent)

Over the past number of weeks, and right back to the inquiry into the Garda in Donegal, the force has been to the forefront of many comments made here and in other places. We saw this again two weeks ago in O'Connell Street. The reality is that when push comes to shove gardaí are the people standing there on our behalf. I would be the first to criticise behaviour which I do not accept, and many of us criticised what happened in Donegal and in other places. It is right that we should do so and that we should always be watchful. However, it is becoming almost a cant that when something goes wrong we focus on the Garda in the most negative way.

Yesterday an individual died in custody and there was a proper and immediate outcry. In some of the commentary the presumption of innocence went out the window. Gardaí are as entitled to a presumption of innocence until proven guilty as anybody else. We should show our trust and confidence in them. If they get it wrong we should say so. We should wait until we find that to be the case.

Having said that, gardaí also need support in two ways. It is a convention that every death in custody should be investigated independently. The Garda Ombudsman Commission will not be established until later in the year and I do not know of the current position. Such an investigation does not instil trust and confidence if it is not carried out by an independent body. That is what we should seek to happen. That should be done in a way in which we show our trust and confidence in the Garda in doing an impossible job.

Arising from yesterday's business, the question arose that this person should have been behind bars anyway. There is a simple administrative reason why that was not the case, namely, a lack of resources. Let us put it clearly on the agenda. In every Garda station in this city there is a sheaf of warrants for the arrest of people who have jumped bail, who should have been arrested and who cannot be found and the Garda is not being given the resources to do it. We must recognise that fact. Rather than simply pointing the finger at the Garda, let us give it the resources to do its work.

There are people walking around this city who are in breach of bail regulations, who should be behind bars, who should be arrested and who should be facing charges. It is just that the Garda is not being given the resources to do that. When it goes wrong, when one of these people is found committing another crime, we naturally stand up in this House and ask why. In asking why, let us say that the Garda should be given the chance to do its business. When gardaí get it right, they are doing it on our behalf. When they get it wrong, we will certainly point that out as well and correct whatever it is. However, they cannot be left on their own. They are being isolated by commentary to too great a degree over the past number of months, especially since the Donegal inquiry.