Seanad debates

Thursday, 5 June 2014

Adjournment Matters

Garda Investigations

1:25 pm

Photo of Trevor Ó ClochartaighTrevor Ó Clochartaigh (Sinn Fein)
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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.

1:35 pm

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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I am speaking on behalf of the Minister for Justice and Equality who is unable to be present as she is attending a meeting of EU Justice and Home Affairs Ministers in Luxembourg. I thank the Senator for raising this important matter and acknowledge the consistency with which he has advocated on it.

As the Minister recently announced, an independent review group has been established to undertake a review of the Department of Justice and Equality. The independent review group, chaired by Mr. Kevin Toland, has been asked to undertake a comprehensive review of the performance, management and administration of the Department. It will assess and report on the roles, responsibilities and capabilities of the Department, including concerns in respect of the governance and oversight of external organisations identified in particular in the report of Mr. Sean Guerin, SC; the Department's performance in discharging its responsibilities, implementing its programmes and achieving its desired strategic outcomes, as set out in its statement of strategy; the effectiveness of the Department's current structure, systems, management and capabilities.

In making its recommendations the group will have regard to the policy, legal, institutional and resource framework within which the Department works. It will also draw on international best practice regarding the organisational structures, skills, training and levels required by the Department in order that it can fulfil its roles and responsibilities. It may engage additional expertise to help with its work, as it sees fit. Based on the conclusions and lessons drawn from this assessment, it will make recommendations to the Minister who has already commented that she believes the report will be an important signpost on the path to reform and enable the Department to build on its considerable strengths and fully address areas that need improvement.

Before I comment on the specific case referred to by the Senator, I wish to make it clear that the Minister does not wish in any way to pre-empt the work of the independent review group or how it will focus its efforts in the light of its terms of reference. At this stage, she would simply reflect that it was not anticipated that the independent review group would necessarily be the best means to address the detail of specific cases such as the one referred to, although its findings will, of course, be relevant to the how the range of the Department's functions are delivered. The Department is not aware of any question having arisen relating to the Department in the context of the case referred to by the Senator. It, of course, is not involved in the investigation of criminal offences.

The Garda Commissioner previously directed that an examination be carried out of the procedures surrounding the handling of the complaints against the person in question. The Minister is advised by the Garda authorities that a review has been completed of a number of complaints made against the person concerned. However, further information has recently been provided for the Garda and this has necessitated further examination by gardaí before the review can be finalised. The Minister is advised that this process is ongoing.

The Minister wishes to assure the Senator that the need to learn from past child protection failures is a priority for her and the Government. This is reflected in the transformation of child protection arrangements which have taken place since the Government took office. In particular, the Senator will be aware of the recent publication by the Minister when she was Minister for Children and Youth Affairs of the Children First Bill 2014 which will, for the first time, provide for key elements of the Children First guidelines to be put on a statutory basis. This builds on other significant legislative and administrative measures which have been put in place in recent years to better protect children. In the light of the Minister's clear commitment in this regard, she will be asking the acting Garda Commissioner to ensure the review in question is completed as soon as possible.

I again thank the Senator for raising the issue. I will convey his comments during this debate to the Minister.

Photo of Trevor Ó ClochartaighTrevor Ó Clochartaigh (Sinn Fein)
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I appreciate that the Garda has been given further information. That is very important. There is a sense among the victims and observers who have studied the case that the investigation to date has not been up to scratch. We know that there are questions about how the Garda has investigated certain issues in the past and that that is subject to a number of inquiries. I ask the Minister of State to impress on the Minister how important it is for the victims in this case that a full, thorough and rigorous investigation be carried out in order that they can find closure, that the truth can be exposed and that they can move on with their lives.

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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I acknowledge the points made by the Senator. I will convey these concerns to the Minister on his behalf.