Written answers

Thursday, 30 June 2005

Department of Justice, Equality and Law Reform

Inquiries Into Garda Activities

8:00 pm

Photo of Ciarán CuffeCiarán Cuffe (Dún Laoghaire, Green Party)
Link to this: Individually | In context

Question 510: To ask the Minister for Justice, Equality and Law Reform the date the Assistant Garda Commissioner Carty's report on allegations that members of the Garda Síochána attached to Donegal division engaged in criminal and unethical behaviour in the execution of their professional duties between 1991 and 1998 was received by the then Minister for Justice, Equality and Law Reform. [23709/05]

Photo of Ciarán CuffeCiarán Cuffe (Dún Laoghaire, Green Party)
Link to this: Individually | In context

Question 511: To ask the Minister for Justice, Equality and Law Reform the date the appendices to Assistant Garda Commissioner Carty's report on allegations that members of the Garda Síochána attached to Donegal division engaged in criminal and unethical behaviour in the execution of their professional duties between 1991 and 1998 were received by the then Minister for Justice, Equality and Law Reform. [23710/05]

Photo of Ciarán CuffeCiarán Cuffe (Dún Laoghaire, Green Party)
Link to this: Individually | In context

Question 512: To ask the Minister for Justice, Equality and Law Reform the date the then Minister for Justice, Equality and Law Reform received the full investigation file of Assistant Garda Commissioner Carty's investigation into allegations that members of the Garda Síochána attached to Donegal division engaged in criminal and unethical behaviour in the execution of their professional duties between 1991 and 1998. [23711/05]

Photo of Ciarán CuffeCiarán Cuffe (Dún Laoghaire, Green Party)
Link to this: Individually | In context

Question 513: To ask the Minister for Justice, Equality and Law Reform the date the then Minister for Justice, Equality and Law Reform received Acting Garda Commissioner Noel Conroy's 37 page synopsis dated 4 August 2000 of Assistant Garda Commissioner Carty's investigation into allegations that members of the Garda Síochána attached to Donegal division engaged in criminal and unethical behaviour in the execution of their professional duties between 1991 and 1998. [23712/05]

Photo of Ciarán CuffeCiarán Cuffe (Dún Laoghaire, Green Party)
Link to this: Individually | In context

Question 514: To ask the Minister for Justice, Equality and Law Reform the date Assistant Garda Commissioner Carty's report on allegations that members of the Garda Síochána attached to Donegal division engaged in criminal and unethical behaviour in the execution of their professional duties between 1991 and 1998 was first received by him in his current position as Minister for Justice, Equality and Law Reform. [23713/05]

Photo of Ciarán CuffeCiarán Cuffe (Dún Laoghaire, Green Party)
Link to this: Individually | In context

Question 515: To ask the Minister for Justice, Equality and Law Reform the date the appendices of Assistant Garda Commissioner Carty's report on allegations that members of the Garda Síochána attached to Donegal division engaged in criminal and unethical behaviour in the execution of their professional duties between 1991 and 1998 was first received by him in his current position as Minister for Justice, Equality and Law Reform. [23714/05]

Photo of Ciarán CuffeCiarán Cuffe (Dún Laoghaire, Green Party)
Link to this: Individually | In context

Question 516: To ask the Minister for Justice, Equality and Law Reform the date Acting Garda Commissioner Noel Conroy's 4 August 2000, 37 page synopsis of Assistant Garda Commissioner Carty's investigation into allegations that members of the Garda Síochána attached to Donegal division engaged in criminal and unethical behaviour in the execution of their professional duties between 1991 and 1998 was first received by him in his current position as Minister for Justice, Equality and Law Reform. [23715/05]

Photo of Ciarán CuffeCiarán Cuffe (Dún Laoghaire, Green Party)
Link to this: Individually | In context

Question 517: To ask the Minister for Justice, Equality and Law Reform the date the full investigation file of Assistant Garda Commissioner Carty's investigation into allegations that members of the Garda Síochána attached to Donegal division engaged in criminal and unethical behaviour in the execution of their professional duties between 1991 and 1998 was first received by him in his current position as Minister for Justice, Equality and Law Reform. [23716/05]

Photo of Ciarán CuffeCiarán Cuffe (Dún Laoghaire, Green Party)
Link to this: Individually | In context

Question 518: To ask the Minister for Justice, Equality and Law Reform if he will provide a copy of the then Minister of Justice, Equality and Law Reform's May 2001 letter requesting advice as to the options available to him in comprehensively reviewing the Donegal situation while civil and criminal proceedings were pending, together with a copy of the schedule of documents attached to that letter. [23717/05]

Photo of Ciarán CuffeCiarán Cuffe (Dún Laoghaire, Green Party)
Link to this: Individually | In context

Question 519: To ask the Minister for Justice, Equality and Law Reform if and when the then Minister for Justice, Equality and Law Reform requested the Garda Síochána to deliver to the Attorney General the report of Assistant Garda Commissioner Carty's investigation into allegations that members of the Garda Síochána attached to Donegal division engaged in criminal and unethical behaviour in the execution of their professional duties between 1991 and 1998; and if he will provide copies of any correspondence relating to any such requests. [23718/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

I propose to take Questions Nos. 510 to 519, inclusive, together.

On 4 August 2000, Deputy Commissioner Conroy submitted to the Department of Justice a 37 page synopsis of the Carty investigation file which had been submitted the previous month to the Director of Public Prosecutions.

At that stage, in addition to the consideration by the Director of Public Prosecutions of criminal prosecutions, there were Donegal-related civil proceedings under way, and Donegal-related complaints with the Garda Síochána complaints board.

On 22 May 2001, the former Minister, Deputy O'Donoghue, wrote to me in my role as Attorney General on the allegations of criminal and unethical behaviour by some gardaí in Donegal. He made clear that he wanted to see the truth of the matter determined. He was of the view that the nature of the Donegal situation was such that it required a comprehensive review that would examine and report on all aspects without interfering with potential civil and criminal proceedings. In this regard, the Minister said that he would be pleased to have the benefit of the Attorney General's preliminary advice as to whether he, the Minister, could proceed with any such examination, be it a sworn inquiry or otherwise, while civil and criminal proceedings were pending.

As Attorney General I replied with advice on 25 June 2001, making the preliminary point that neither I nor anyone in my office had seen the full report of Assistant Commissioner Carty. I set out the different options and the considerations attaching to each. I acknowledged that the establishment of a tribunal of inquiry was at first sight the most appealing course of action to take. However, my view was that the civil proceedings and criminal prosecutions pending should be allowed to run their course. I also recommended that, in the event of these proceedings being compromised or disposed of without the facts being fully ventilated, a tribunal of inquiry should be established to bring out the facts and to make recommendations. I emphasised that I was advising in the matter without the benefit of seeing the full Carty report, and I expressed the view that it was necessary for the Office of the Attorney General to see the report so as to advise and brief counsel in relation to pending civil actions against the State.

On 21 November 2001 those parts of the Carty investigation file that were considered relevant to the civil proceedings arising from the alleged incidents in the Donegal division were received by the Department from the Garda Commissioner. The papers were copied and passed to the Attorney General's office and to the legal team representing the State in the civil actions. The full Carty file was given to the Department by the Garda Commissioner in mid-January 2002.

Also in November 2001, Mr. Shane Murphy, SC, was requested to conduct a review of the papers in the Department and the Garda Síochána with a view to recommending how the matter might best be brought to finality. On 30 January 2002 he submitted his report. Mr. Murphy had access to documentation not seen by the Department or the Attorney General and gave a comprehensive account of the situation. While recognising the need to ensure that civil and criminal proceedings were not compromised, he endorsed the view that "a Tribunal of Inquiry represents the only comprehensive method of inquiry to resolve outstanding issues of fundamental public importance". He included draft terms of reference in his report. These formed the basis of the terms of reference of the Morris tribunal itself when it was established in April 2002.

In February 2002 the Government approved in principle the establishment of a tribunal of inquiry and the drafting of a Bill to amend the Tribunals of Inquiry Acts to facilitate the holding of an inquiry, allowing a tribunal to hold part of its hearings in private if necessary so as to avoid prejudicing a criminal prosecution.

At all times both I as the Attorney General and the then Minister, Deputy O'Donoghue, were anxious that the matter should be fully inquired into and that the truth should emerge. The only issue was the possible prejudice to pending or potential criminal proceedings. That difficulty was eventually overcome by amendment of the legislation.

All the relevant files and papers within my Department, including those requested by the Deputy, have been provided to the tribunal and are now subject to its control and scrutiny.

Comments

No comments

Log in or join to post a public comment.