James Bannon (Fine Gael)

I welcome the Minister to the House to debate the implications for governance, accountability, discipline and training in the Garda Síochána arising from the findings and conclusions of a number of reports, including the Barr report. I again sympathise with the Carthy family and the people of Abbeylara following the shooting of John and all they have been through over the past six and a half years since that dreadful day in Abbeylara, which is in the northern part of my native County Longford. I was travelling to a conference in Tralee when I heard what was unfolding in Abbeylara and it made the hair stand up on the back of my neck.

The Barr report runs to 744 pages, 16 chapters and several sections, covering: the terms of reference; interpretation; John's background; the events leading up to 19 and 20 April 2000; the final minutes; John Carthy's exit from the family home and the subsequent fatal shooting; eyewitness accounts that have been taken into consideration; the management of the incident in Abbeylara; the aftermath; the post-mortem examination; and the involvement of the media. It also highlights the role of the emergency response unit in great detail, gives us a greater insight into the structures in the Garda Síochána and last, but by no means least, makes recommendations and gives conclusions and a summary of command failures at Abbeylara on the day and the days leading up to the incident.

Scene commanders and others made serious errors contributing to the disaster in Abbeylara, including the failure to have John Carthy's doctor interviewed in depth by a competent experienced and fully briefed officer as a matter of urgency early in the first evening and the failure to bring to the scene promptly his psychiatrist to advise the negotiators and commanders. The report highlights the gap of several hours. It was also wrong not to have his mother, sisters and other close friends interviewed early as a matter of urgency by competent experienced officers who were properly briefed on the known facts regarding his health, family background and history to ascertain why he told his mother he intended to defend the old homestead against what was happening to it.

As we all know, the family was due to move into a new local authority house, provided by Longford County Council and the old house was to be demolished. It was also the tenth anniversary almost to the day of the death of his father, to whom he was very close.

Many other failures are outlined in the report. In his report, Mr. Justice Barr stated that he was in no doubt that the Garda management of the siege at Abbeylara was defective in many respects and fell far short of what was required to contend with the situation successfully and to minimise the risk to life. Many of us share Mr. Justice Barr's concern that Mr. Carthy's requests for cigarettes and to speak to a solicitor — simple requests from an ill man — were not met. There is general disappointment that less lethal options were not deployed by the Garda at the siege.

I have respect for gardaí, who face significant dangers and challenges on a daily basis. They must confront dangerous criminals who would make light of injuring or killing them, for instance, and must attend dreadful death scenes. Gardaí are confronted with more violence than most of us ever face. We should all be grateful and proud that more than 90% of gardaí carry out their duties in a professional manner.

At Abbeylara in April 2000, however, John Carthy was shot dead by gardaí in an incompetent siege operation. It is dreadful to consider the lack of intelligence with which he was treated and the hassle this nervous and vulnerable young man encountered from some gardaí in the months leading up to the siege. Information regarding the number of times he was taken to the Garda station for questioning emerged only in evidence to the inquiry. The Barr tribunal, which produced a report of 744 pages and cost the taxpayer more than €18 million, failed to answer important questions such as whether gardaí had an alternative course of action open to them other than shooting John Carthy dead.

I welcome the publication last week of draft regulations for a Garda whistleblowers charter. As one step on the road to Garda reform, it is welcome. However, many other recommendations in the Morris report which are necessary to restore full public confidence in the Garda have not been implemented. Fine Gael has long supported the idea that whistleblowers should enjoy the full protection of the law. This draft charter will help to foster a more transparent culture within the Garda. I hope the Minister will sign it into law early next year.

A whistleblowers charter could have been in place a long time ago if the Government had not voted down Private Members' Bills on this subject because of its stance that only whistleblowers in some sectors merit legal protection. Much work remains to be done to improve Garda discipline. Some gardaí have yet to understand that they are not above the law. Another mechanism that must come into line before we can be confident about Garda discipline is the Garda Ombudsman Commission. Three commissioners were appointed last February amid a great fanfare but, almost a year later, they have not yet begun their work.

In view of the Barr report's emphasis on the need for a review of Garda command structures and training, and its emphasis on the lack of working links between the Garda and State psychologists, an urgent review of preventive measures must take place. The evidence before the Barr tribunal points away from any suggestion of suicidal intention on the part of John Carthy and raises issues that require immediate resolution. We cannot afford to wait for another tragedy to occur. We must learn from the mistakes that occurred at Abbeylara and put the measures suggested by Mr. Justice Barr in place immediately.

These measures include the equipping of the emergency response unit with taser stun guns. Some funding has been put in place for this equipment but it is insufficient. In addition, there must be further investigation of other non-lethal options to a shoot-to-kill reaction. We must prioritise the establishment of a retraining model such as that in Victoria, Australia, which have a high success rate to facilitate and organised restructuring of the Garda response to siege situations. I acknowledge that some work has been done in this regard but it is vital that there is improved training for Garda recruits and refresher courses for all officers, which should include basic instruction on mental illness. Consideration must also be given to how many psychologists should be employed by the State to provide expert assistance in siege and other situations.

It is increasingly the case that the main beneficiaries of the work of the tribunals are barristers. In ever repeating cycles, tribunals are rarely completed within the allotted timescale. The benefits in terms of accountability are lost in the bitter aftertaste left by the final legal bill, which in this case amounts to some €18 million.

I hope this report will bring some comfort to John's family, who have acted with such admirable restraint and responsibility in the years since his death. I hope they receive the degree of closure which they have long sought and that the Minister will deal with the recommendations of Mr. Justice Barr immediately rather than procrastinating on the issues.