Jim Walsh (Fianna Fail)

I welcome the Minister and I compliment him on the various initiatives he has taken in this area. Since his appointment as Minister for Justice, Equality and Law Reform, it was obvious he intended to address any deficiencies within the force and to strengthen and increase the manpower and resources available to it. He has made significant progress in that regard. That progress and the changes required are ongoing.

The reports we are debating paint a sad picture in respect of specific issues but they may also highlight deficiencies that existed. Mr. Justice Morris probably summed up matters when he stated that he was staggered by the amount of indiscipline and insubordination he found within An Garda Síochána. Any democrat would be alarmed when an eminent judge makes findings of that nature.

It would be remiss of us to continue to focus on the deficiencies and not balance matters by paying tribute to the many fine gardaí who provide selfless service in what is a difficult and dangerous job. We are indebted to them for, in general, having served the State well in difficult times — in the past and currently in the fight against gangland crime — often at great danger to themselves. We depend upon them for our individual and collective security and in respect of the security of the State. We must acknowledge, as Senator Cummins observed, that by any yardstick the force has served us well.

We must recognise that the members of the Garda Síochána are unarmed, which has a number of implications. I am sure many, if not all, Members and the Minister welcome the fact that the force is unarmed. In light of threats to the State such as that currently posed by organised crime gangs, this issue should not be treated as a sacred cow. We should periodically review whether having an unarmed force is appropriate and whether the latter is effective in the context of acting as a deterrent to crime. I am not advocating that we should change the position. However, expert analysis is required to evaluate whether changing the policy might make a positive contribution to the fight against crime.

All of the reports that are the subject of this debate identified deficiencies. However, that relating to Donegal highlighted appalling carry-on by particular individuals who reached conclusions as to who should be accused in respect of certain crimes and then fabricating evidence to make a case stand up in court. Such behaviour is completely unacceptable and intolerable in any democratic society. The report to which I refer indicates that a lack of training was provided in respect of leadership roles. In some ways, this matter is being tackled at present but it should really have been dealt with many years ago. The management and promotional system within the Garda ensured that certain people were appointed to particular positions. On one occasion Kathleen O'Toole told that good cops did not mean good managers. They were ineffective and did not have the necessary management skills which even with training they may not have developed. Aptitude tests should be introduced as well as training.

The Minister quoted Mr. Justice Morris as saying:

The Tribunal feels that it is necessary to point out that no one should serve as superintendent without having the training, the expertise, the commitment to duty and the front line experience that will enable them to make real judgments on matters relating to criminal investigation.

This should not be limited to superintendent level but apply also to sergeants and inspectors. Training should be ongoing, not delivered on a one-off basis linked to promotion. There should be continuous reviews which include a focus on best international practice for tackling sophisticated, serious organised crime gangs with global operations.

Like Senator Cummins, I sat on the sub-committee on the Barron inquiry and was shocked to see the failure in the police system in response to the events of the 1970s. This seemed to be endemic. While one might understand that files were missing after a certain period, the loss of evidence in serious criminal cases, involving mass murder is shocking. Files were badly prepared, there was very little communication, headquarters and C3 were unaware of information being gathered close to the Border, and leads and people who should have been interviewed were not followed up. It is hard to avoid the conclusion that there were significant inefficiencies in the force. I suspect they have not all been corrected. Some of the initiatives in the Garda Síochána Bill will, I hope, make significant changes and improvements.

There should be a random audit of Garda activities, conducted annually across the country in which files are sought to see if cases are being properly documented, if leads are being followed and evidence and everything to do with the files is being retained. Only with that discipline in the system will we eventually have the type of Garda operation to which we aspire. The inspectorate can play that role but it needs to be specific.

Criticism of the Garda is also criticism of the Department of Justice, Equality and Law Reform which has been in charge of, and connected to, the Garda throughout these episodes. It is not good enough for the Department to wash its hands of these events, as happened in the 1970s when information was not gathered or recorded, which is incredible. The Department must examine its own systems. The inspectorate should use a clear check list of what applies in best police practice in all serious criminal cases and cover this in reports to the Department. While the Commissioner has a certain autonomy it will not be acceptable for the Department to deny responsibility if something serious goes wrong. It must be laid at the door of the Department as well.

One of these reports was of the first commission of investigation, into the Dean Lyons case. It was conducted over six months at a cost of approximately €1 million. When that is compared with the shenanigans — I use the word advisedly — in Dublin Castle it shows that the system for public inquiries needed to be overhauled. It is unjust to those people whose names have been before those tribunals for between seven and nine years which do not appear to be coming to a conclusion. Justice delayed is justice denied. I compliment the Minister on recognising this and taking action on it.

Apparently these tribunals have cost the taxpayer hundreds of millions of euro on exorbitant fees. The only good thing to come out of this process is the competition report on the legal profession which I hope the Minister will embrace. He has already taken steps on aspects of the report but I hope he will opt for independent regulation to ensure that the many good recommendations are put into effect.

We should conduct an audit and review of the tribunals. Any serious issue should be set aside but there is no reason not to transfer some issues to a commission of investigation which could do the work more speedily and at far less cost. I hope the Minister and the Government will initiate that process.

The Garda inspectorate is the most significant change because it will bring in people with expertise to apply checks and balances to ensure that the force functions to the level we set for it. Senator Maurice Hayes has contributed to the four person civilian group. There will be development of management and leadership skills.

Undercover work by the gardaí is not as prevalent as it should be. In other jurisdictions the rate of detection of drug-related and organised crime is related to skill at undertaking undercover work. It is highly dangerous for the individuals involved but seems to be an effective mechanism. It does not seem to be a major part of the Garda Síochána's fight against criminal gangs.

The Garda Reserve is a good idea as is increasing the force and making available necessary resources. I have confidence in the local policing committees but it was wrong to allow the Department of the Environment, Heritage and Local Government soften it.

How sensible is it to have a pilot scheme for bodies that will meet only twice a year? These issues are urgent and we should roll out the committees because they are effective for accountability and at spreading the message locally. They can be a good conduit between gardaí and the community and vice versa. The whistleblowers charter is good, the inspector has already emphasised the need for visibility when the gardaí are on the beat. Rather than gardaí on traffic duty hiding behind a tree, trying to make themselves invisible, it is better for them to be seen because then motorists are aware that there are checks for traffic control. On a recent visit to Japan I noticed huts on each corner where the police are highly visible. The bad news in these reports will result in good being done as deficiencies in the system will be tackled with energy, drive and commitment and the Garda Síochána will be a force of which we and its members can be proud.