Joe Costello (Dublin Central, Labour)
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Question 1060: To ask the Minister for Justice, Equality and Law Reform the reason the five gardaí who were criticised in the second Morris tribunal and whom the Garda Commissioner proposed to transfer to Dublin are still serving in Donegal; and if he will make a statement on the matter. [25818/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the current position with regard to the five members of the Garda Síochána referred to by the Deputy is that one member was transferred on 24 June 2005; one member retired from the force before his transfer was to come into effect; and one member appealed his transfer to the assistant commissioner with responsibility for human resource management, HRM. This was refused and that member is currently on sick leave. Another member appealed his transfer to the commissioner and was refused. This member is currently suspended from duty. The last member has taken his appeal to the transfers review body — the third and last stage in the appeals process — and his case is due to be heard on Monday, 10 October.