James Breen (Clare, Independent)
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Question 541: To ask the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 596 of 28 June 2005, if he will furnish the answer to same; and if he will make a statement on the matter. [32904/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The information sought in Parliamentary Question No. 596 of 28 June 2005 was not available at that time. I have since been informed by the Garda authorities that as a result of an incident at Bunratty Castle Hotel on 3 August 1993, criminal allegations were made against two off-duty gardaí. The two members in question subsequently received District Court convictions for assault and being drunk and disorderly. Pursuant to these convictions, both members were dismissed from the force in accordance with regulation 40 of the Garda Síochána (Discipline) Regulations 1989.

One of the members subsequently appealed his conviction to the Circuit Court, where the District Court conviction was affirmed. The member in question then took a judicial review to the High Court, which granted an order of certiorari quashing the dismissal order. The member was re-instated and was the subsequent subject of separate disciplinary proceedings under the Garda Síochána (Discipline) Regulations 1989. Following the completion of the disciplinary investigation, a sworn inquiry board was appointed to hear the breaches of discipline alleged against the member. The board convened on 11 July 2000 and penalties were imposed in respect of this member.

In regard to the other member concerned, it would be inappropriate for me to comment on the matter as it is currently the subject of legal proceedings, that is, an application by him is currently before the High Court.