Seanad debates

Thursday, 5 June 2014

Adjournment Matters

Garda Investigations

1:25 pm

Photo of Trevor Ó ClochartaighTrevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

Cuirim céad fáilte roimh an Aire Stáit. Seo ábhar a d'ardaigh mé cúpla uair roimhe seo sa Teach, ábhar a bhaineann le iar-cheannasaí Chumann na bhFiann, Domhnall Ó Lubhlaí. I am raising an issue that has been raised previously in the Houses but time has moved on and there have been many developments in justice issues since the last time we debated the issue.

There have been allegations concerning the founder of Chumann na bhFiann, Domhnall Ó Lubhlaí. He was the subject of a TG4 documentary some time back which examined claims that he may have abused dozens of victims in the 1970s and 1980s. It was alleged that Ó Lubhlaí, who has passed away, may have abused up to 100 boys when he was an Irish and religion teacher. Some of the alleged incidents took place in camps, hotels, flats and cinemas in Athlone, Rosmuc, Dublin, Donegal and Tipperary. He died some time back while under investigation for sexually abusing a 13 year old boy the 1970s.

The Garda investigated allegations of abuse in 1988 and in 2002 the teacher faced 56 charges of sexual abuse involving 11 victims. However, the case did not go ahead following a legal challenge. At the time the case was live, the Rape Crisis Centre claimed that the Garda had had two opportunities to investigate the allegations against Ó Lubhlaí, who the centre described as very influential and a powerful figure. The centre called on the Garda Commissioner to ensure a full review to ascertain if the Garda utilised the opportunity of the investigation in 1991 to examine whether abuse had taken place, a procedure practised elsewhere in such cases.

Questions also surround the loss of vital evidence from the 1991 case which, in turn, impacted on an investigation in 1998, when five men came forward and reported sexual violence by Ó Lubhlaí. In response to queries about the case at the time, the Garda press office said it did not discuss named individuals. The matter was passed on to the then Commissioner, Mr. Callinan, who said that he had directed a re-examination of the case to identify any issues that needed to be addressed. He also outlined the new policies in place.

We know that the allegations against Mr. Ó Lubhlaí date from 1955 and that he had opportunities to work in different areas as well as access to young people. I have been in contact with several of the victims and their families. They remain concerned that the truth has not been given to them around these issues. They are keen to find out what will happen about it at this stage.

Several investigations have been instigated relating to the Garda Síochána, the Garda Síochána Ombudsman Commission, the Department of Justice and Equality, etc. I note that the new Minister has called for an independent review group to be put in place to examine issues around the Department of Justice and Equality. In this case the victims believe that they have not got justice. Some people believe not all information has been forthcoming. Several Departments have a role in respect of the questions that they have asked, including the Department of Education and Skills, the Department of Arts, Heritage and the Gaeltacht, the HSE and the Department of Justice and Equality. In the review called for by the Minister, Deputy Fitzgerald, will she include or has she directed that the Ó Lubhlaí case be examined, how it was handled and how the review of the case was handled by the Department of Justice and Equality? Is that included? Can it be included? It is most important for the victims in this case and other cases to get full justice and to be assured that justice has been done.

If the Department, the Garda or other Departments were remiss in any way in any review undertaken, investigation carried out or evidence that might have gone missing, they deserve to know the truth. I hope the Minister of State will be able to confirm that the Minister will take this on board in the review being carried out.

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