Seanad debates

Thursday, 30 October 2008

12:00 pm

Photo of Eugene ReganEugene Regan (Fine Gael)

I welcome the Minister of State's outline of the findings of the Morris tribunal reports. I agree with much of what has been said. Mr. Justice Frederick Morris has done extraordinary work in his inquiry into the activities of certain individuals in the Donegal division of the Garda Síochána. The thoroughness of that work and the extensive nature of the reports make for compelling reading. The first report, which was published as far back as July 2004, highlighted the planting of bogus explosives in the 1990s. The second report dealt with negligence in the handling of the investigation into the death of Richie Barron. The May 2008 report referred to the invention of evidence and bogus arrests. The seventh and eighth reports deal with harassment and the question of how allegations are handled by public representatives. People are shocked that such activities could take place within the Garda Síochána, a body which was and still is held in high regard by most people. The Morris tribunal has unearthed an array of the most serious abuses.

It is important, however, to emphasise that the corruption exposed by Mr. Justice Morris and his team, and which has tarnished the force, was practised by a minority of individuals within the Garda Síochána. These findings have led to the introduction of the Garda Síochána Act 2005 and the establishment of the Garda Síochána Ombudsman Commission and the Garda inspectorate, with the result that confidence in the force has in large measure been restored. The most recent surveys, carried out this year, indicate a public satisfaction rating of 81%. Nevertheless, the editorial in the latest Garda Review observes that the small number of gardaí who made the headlines for all the wrong reasons completely drowned out the significant numbers who were entirely exonerated by the tribunal's findings.

Any allegations against a named individual which are the subject of a tribunal or investigation can have a serious effect on the person concerned. This is certainly true in the case of Assistant Commissioners Kevin Carty and Tony Hickey who were totally exonerated by the tribunal. Tribunals are set up to sift out allegations and establish facts. Mr. Justice Alan Mahon was recently obliged to underline that the purpose of the tribunal of which he is chairman is also to vindicate individuals who have been the subject of allegations; it is not simply about condemning people. In the case of the Morris tribunal, the two individuals in question have been entirely exonerated albeit, given the lapse of time, their careers were undoubtedly affected by the allegations. However, the point is that the tribunal has served its purpose in exonerating them.

It is unfortunate that the final reports have detracted from the main focus of the inquiry, namely, to investigate misbehaviour in a particular division of the Garda Síochána and to establish procedures to correct that. The Minister for Justice, Equality and Law Reform, Deputy Dermot Ahern, has put a particular spin on the findings of Mr. Justice Morris in regard to the allegations that were passed by Deputy Howlin and Mr. Jim Higgins, MEP, to the then Minister. The Minister, Deputy Dermot Ahern, should be the last person to adopt this approach on such a matter. When he was asked some years ago to investigate issues concerning a former Minister, Mr. Ray Burke, the Minister, Deputy Dermot Ahern, claimed he had tried to find the truth but had got nowhere. It is difficult to carry out one's own personal investigations of allegations. For the Minister to put a spin on the tribunal's report is entirely inappropriate, particularly in his case.

There is another issue. The Minister claims in his defence that he is merely quoting the chairman of the tribunal. However, this Minister has not always been so respectful of tribunals. We have had the McCracken and Moriarty tribunals and findings in respect of a former Taoiseach. The Minister had no difficulty disavowing any findings of the tribunal in regard to the former Taoiseach.

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