Conor Lenihan (Dublin South West, Fianna Fail)

The publication of the sixth, seventh and eighth reports of the Morris tribunal brings to a close a six-year investigation into misbehaviour on the part of members of the Garda Síochána in Donegal during a period in the 1990s. On behalf of the Minister for Justice, Equality and Law Reform, I would especially like to thank Mr. Justice Morris and his team for producing eight comprehensive and conclusive reports and for the huge service they have done for the Garda Síochána and the public. Mr. Justice Morris carried out the task with diligence, independence, intelligence and fairness. Having listened to more than 680 days of oral evidence from 812 witnesses, he reached his conclusions without fear or favour. His practice of publishing reports in a systematic manner at the end of each module or set of modules facilitated public discourse and enabled the Government to give considerable weight to his recommendations in framing the Garda Síochána Act 2005.

The tribunal uncovered a pattern of Garda misbehaviour that was unprecedented, disturbing and at times shocking and that called for a strong and effective response. The Garda Commissioner stated that the events outlined in the various reports of the tribunal and the unacceptable actions of individual members of the Garda Síochána identified in those reports represent a dark period in the history of a great and proud organisation. He pointed out that they do a grave disservice to the tradition of the Garda Síochána and dishonour its primary objective, which is to provide professional, fair and effective policing to all in our community. He apologised to those who were found to have been mistreated by gardaí.

The Government shares the sentiments expressed so well by the Garda Commissioner and readily acknowledges that certain individuals were subjected to police actions that fell far short of the high standards that citizens are entitled to expect from all members of the force.

The second Morris report was published in June 2005, shortly before the commencement of the Garda Síochána Act. It characterised the Garda investigation into the death of Richard Barron in Raphoe on 14 October 1996 as "prejudiced, tendentious and utterly negligent in the highest degree". It was heavily prejudiced against two suspects, Frank McBrearty Junior and Mark McConnell. This gross incompetence gave rise to a series of subsequent events that are fully analysed in the sixth and seventh reports. Those reports reveal a continuous pattern of misbehaviour against the McBrearty family and its relatives, friends and associates. Members of the family of the late Richard Barron were also victims of this misconduct and I extend my sympathies to them for the grievous loss they have suffered.

In the time available I do not intend to reprise all the findings of the sixth, seventh and eighth Morris reports, but I will set out the main elements of those findings and detail the strong action taken by the Government as events unfolded. The sixth report examined the circumstances surrounding the arrest, detention and treatment in custody of a number of persons arising, directly or indirectly, from the investigation into the death of Richard Barron. The report makes serious findings against a number of gardaí involved. It finds that a number of persons were unlawfully arrested and detained and that some were mistreated in custody, mainly through verbal and, in some cases, physical abuse. The tribunal does not accept the evidence to it of several gardaí and strongly condemns the instances of mistreatment uncovered.

The report made a number of recommendations arising from its findings, mainly centred on how improvements could be made to the law and practice relating to the conduct of interviews with persons in Garda custody, but also touching on other aspects of Garda investigations. In consultation with the Garda Commissioner, the Minister is carefully considering the recommendations and will table any necessary proposals for change. On the positive side, the report found no truth in the serious allegation that conversations between solicitors and persons detained in Letterkenny Garda station were secretly recorded by gardaí.

The seventh report uncovers a continuous pattern of harassment by some gardaí in the months that followed. Some 68 summonses were issued against associates of the McBrearty family with the full knowledge and approval of some of the most senior officers in the Donegal division at the time. Among the most serious findings is the finding that Detective Sergeant White planted drugs on Paul Quinn to "teach him a lesson". The gardaí impugned in the seventh report have been dismissed, have retired early or have resigned. The seventh report also confirmed that the Garda Síochána Complaints Board had neither the statutory powers nor the resources to deal effectively with events on the scale of those that emerged in Donegal.

The eighth report concluded that the false allegations against two assistant commissioners, which were brought by Deputy Howlin and then Deputy Jim Higgins to the then Minister, Deputy John O'Donoghue, were utterly without foundation. They had been constructed by Mr. Frank McBrearty Senior, assisted by Mr. P. J. Togher, a former garda, from "numerous half-truths, lies and rumours". The tribunal also identified Mr. Martin Giblin, SC, as the person who conveyed the information to Deputy Howlin.

The report was critical of the Deputies for their failure to reveal these sources of information to either the Garda assistant commissioner appointed to investigate the matter following the intervention of the then Minister or to the tribunal itself. Mr. Justice Morris is of the opinion that the Deputies should have carried out some further inquiries before bringing the anonymous allegations to the attention of the Minister. This was his recommendation because the sources were confidential and neither the Minister nor any investigators of these matters would be allowed access to them.

Mr. Justice Morris was also critical of the failure of the then Deputy Jim Higgins to disclose the existence of a fax he received on 15 July 2000 for a period of approximately two and a half years. In the fax's terms, it exonerated Assistant Commissioner Carty to a significant extent from the false allegations made against him in the information that was originally supplied to the Minister and, consequently, to the Garda investigation team and the tribunal. This also meant that the tribunal's terms of reference were framed by the Houses of the Oireachtas in the absence of important information of direct relevance to those terms.

There are differing opinions on Mr. Justice Morris's findings on these matters. However, we are all grateful that the reputations of two highly respected senior members of the Garda Síochána, Assistant Commissioner Kevin Carty and retired Assistant Commissioner Tony Hickey, have been vindicated by Mr. Justice Morris's findings.

As a consequence of these findings, Mr. Justice Morris recommended that the Committee on Procedure and Privileges of Dáil Éireann and Seanad Éireann urgently review the manner in which Members deal with whistleblower allegations to guard against unfounded allegations being endowed with undeserved legitimacy. I will return to this matter shortly.

The significant reforms that have taken place in the Garda Síochána in the past three years have in large part been a result of the findings and recommendations of the Morris tribunal. The major step in the reform process was the enactment of the Garda Síochána Act 2005. This legislation represented the single greatest change in the way the Garda Síochána has operated since its establishment after our independence in 1922. At the heart of the Act is a new statement of the role of the Garda Síochána as an organisation and of the Garda Commissioner as its head. The Act makes clear the Commissioner's relationship with the Minister, the Department, the Government and the Oireachtas.

Regarding accountability, individual gardaí are now required to account to a higher officer for any act or omission of an act while on duty. The Garda Commissioner is obliged to account to the Government through the Secretary General of my Department for any aspect of his functions.

A significant number of other developments are transforming the Garda Síochána and addressing the problems identified by the tribunal. The new Garda discipline regulations introduced last year have introduced more streamlined discipline procedures. There is a new system of external oversight of the Garda Síochána through the Garda Síochána Ombudsman Commission, which has been in operation since May 2007 under the chairmanship of a High Court judge. The Garda inspectorate has brought international policing expertise to bear in ensuring that Garda resources are used so as to achieve and maintain the highest levels of efficiency and effectiveness. The civilianisation programme has resulted in the appointment of civilian managers to a range of senior and middle management positions within the Garda Síochána. In 2006, a new promotions system was introduced which aims to ensure that talent and performance are recognised and rewarded. Greater engagement between the Garda Síochána and local communities has been promoted by the establishment of joint policing committees which are now being rolled out to all local authority areas. The Garda Reserve was established in 2006 and its members are making a positive contribution to policing local communities throughout the State.

I said earlier I would return to Mr. Justice Morris's recommendation in his eighth report concerning the procedures of this House. The tribunal has recommended that the Committees on Procedure and Privileges of the two Houses of the Oireachtas urgently review the manner in which Members deal with allegations brought to their attention by so-called whistleblowers, although neither Mr McBrearty nor Mr Giblin was a whistleblower in the sense of being inside the Garda structure. It is clear that the tribunal is not against the principle of whistleblowing per se. A key issue to emerge from the Morris tribunal's investigations was the lack of a whistleblower system for members of the Garda Síochána to raise concerns they may have about wrongdoing in the force. In its third report, the tribunal recommended that:

Subject to safeguards, it should be possible for any serving member of An Garda Síochána to ring headquarters, and to speak in confidence with a designated officer, or group of officers, as to real concerns they may have as to misconduct within the organisation.

The Garda Síochána (Corruption or Malpractice) Regulations 2007, which were made in April 2007, allow civilian employees as well as sworn members of the Garda Síochána to make confidential reports on any corruption or malpractice of which they become aware. The regulations are framed in a way that seeks to strike the correct balance in achieving that objective.

The tribunal recommends that the review should be addressed urgently by both Houses "with a view to ensuring an appropriate balance between the right of access of a "whistleblower" to his/her public representative, and the right of those subject to those allegations to be fairly treated and not made the subject of unfounded allegations that have been endowed with undeserved legitimacy because they were conveyed cynically and successfully to well-meaning members of either House". In view of what happened in this case, the tribunal's recommendation is eminently sensible. I am sure the committees of both Houses will consider these matters carefully and I look forward to hearing what they have to say in due course.

It is evident that the findings and recommendations of the Morris tribunal have been a major influence on the considerable change that has taken place in policing in recent years. A strong and effective response was demanded to events in Donegal, not only by the public but also by the overwhelming majority of honest and decent members of the Garda Síochána who serve the public loyally and well, even to the point of risking their lives in the line of duty. The groundwork has now been laid to ensure the culture and organisation of the Garda Síochána are more open to the outside than ever before and that the organisation is fully fit for purpose. This has helped to strengthen it and assist it in performing its vital role in today's Ireland.

We must never be complacent and must always keep under review the adequacy of governance and oversight in the Garda Síochána. At the same time, we should recognise the major reforms that have been put in place, reforms which owe a great deal to Mr. Justice Morris and his dedicated team who are so deserving of our thanks, respect and praise.