Joe Costello (Dublin Central, Labour)
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Question 480: To ask the Minister for Justice, Equality and Law Reform the outcome of the decision by the Garda Commissioner to transfer five gardaí who were the subject of criticism in the second Morris tribunal report; the location of each of the gardaí at present; and if he will make a statement on the matter. [31468/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The current position in respect of the five members of the Garda Síochána in question is as follows. One member was transferred on 24 June 2005 but is now absent without leave and has been taken off the payroll. One member retired from the force before his transfer was to come into effect. One member appealed his transfer to the assistant commissioner, for human resource management. This was refused but the transfer has not yet taken place because the member is on sick leave. One member appealed his transfer to the Commissioner. This was refused but the transfer has not yet taken place because the member is on sick leave and suspended from duty. One member has taken his appeal to the transfers review body — the third and last stage in the appeals process — and his case was heard on Monday, 10 October. The recommendation of the review body is being examined by the Commissioner.

It is clear from the foregoing that the Garda Commissioner has taken all available steps to effect each of the proposed transfers. Due process and the right of appeal must be observed, but if we stand back from the detail and look at the position as a whole, we can see that of the five gardaí concerned, one has retired, one is suspended and one is no longer on the payroll. Of the remaining two members, one is on sick leave and one is awaiting the Commissioner's response to the recommendation of the transfers review body.