Written answers

Thursday, 23 June 2005

Department of Justice, Equality and Law Reform

Tribunals of Inquiry

8:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 17: To ask the Minister for Justice, Equality and Law Reform his proposals in the wake of the Morris report; and if he will make a statement on the matter. [21420/05]

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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Question 19: To ask the Minister for Justice, Equality and Law Reform the action the Government has taken or plans to take arising from the very serious findings of the second report of the Morris tribunal; and if he will make a statement on the matter. [21422/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 17 and 19 together.

I refer the Deputies to my statement in this House last Friday, 17 June when the House had an opportunity to debate the findings and recommendations of the first and second reports of the Morris tribunal. I set out in detail my response to the reports and my proposals for reform of the Garda Síochána arising from the findings and recommendations in both the first and second reports of the tribunal. I also refer the Deputies to my statement in the House on Tuesday 21 June in the course of Private Members' time.

The most immediate response to the second report was to address the cases of individual wrongdoing or gross negligence uncovered. Two superintendents criticised in the second report are to retire at the end of next month. The implications of the findings for other serving members of the force below the rank of superintendent are being considered by the Garda Commissioner and, furthermore, the report has been given to the Director of Public Prosecutions.

I recognise that a much wider response is needed to address the system failures which allowed this wrongdoing to take place. That response is contained in the Garda Síochána Bill which is being debated in this House today. The Bill will comprehensively reform and enhance the civilian oversight and democratic accountability of the Garda Síochána. Significant amendments have been made to the Bill drawing on ideas from all sides of the House since it was initiated. In addition, I have recently published further amendments, which are being debated on Report Stage of the Bill this week, to take account of recommendations in the second report of the tribunal.

The new measures I am proposing in these further amendments include establishing a new statutory duty to account for members of the Garda Síochána when required to do so by a member of higher rank; enabling the Garda Commissioner, with the consent of the Government, to dismiss a member of the force below the rank of superintendent where the Commissioner is of the opinion that by reason of the member's conduct his or her continued membership would undermine public confidence in the force and where dismissal is considered necessary to maintain public confidence in the force; strengthening the existing provisions in the Bill obliging the Garda Commissioner to supply the Minister with information of significance relating to policing and security matters; strengthening existing provisions in the Bill on the accountability of the Garda Commissioner and making clear that the Commissioner is fully accountable to the Minister and the Government; strengthening provisions on the promotion system; changing the method of appointment to the new Garda Audit Committee; providing that one of the three members of the Garda Síochána Ombudsman Commission will be appointed as chairperson; and providing a power, which replaces a broadly analogous but narrower power under the Dublin Police Act 1924, for the Minister to appoint a person to carry out a special inquiry into any aspect of Garda administration, practice or procedure which is giving rise to public concern.

These measures combined with the other measures in the Bill, including provision for the establishment of a Garda Síochána inspectorate which is to ensure that the resources of the Garda Síochána are used to achieve the highest levels of efficiency and effectiveness compared to best police practice, represent a comprehensive response to the reports of the Morris tribunal.

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