Trevor Sargent (Dublin North, Green Party)
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Question 91: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the disciplinary action taken in relation to two gardaí (details supplied) who had pleaded not guilty to charges of perjury, forgery and using a forged document prior to the collapse of their trial on charges of committing perjury during the trial of a man suspected of involvement in the Omagh bombing; and if he will make a statement on the matter. [36343/06]

Tommy Broughan (Dublin North East, Labour)
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Question 137: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the status of two members of the Garda who were acquitted of charges of perjury and forging of documents in the Dublin Circuit Court on 23 October 2006 as certain papers were deemed to be inadmissible; and if he will make a statement on the matter. [36243/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 91 and 137 together.

As the Deputies will be aware, last month, the two Gardaí in question were found not guilty on all counts preferred against them, on direction of the trial judge. Both persons had also been subject to disciplinary proceedings pursuant to the Garda Síochána (Discipline) Regulations 1989.

Regulation 38 of these Regulations provides that where a member of the Garda Síochána has either been convicted or acquitted of an offence, then proceedings under the Discipline Regulations for an alleged breach of discipline shall not be commenced or, if already commenced, shall not be continued if the breach of discipline is in substance the same as the offence for which he has been convicted or acquitted.

In respect of one of the persons referred to, who is still a serving member of the Garda Síochána, as the alleged breach of discipline and the criminal charges of which he was acquitted were in substance the same, I am informed by the Garda authorities that disciplinary proceedings were discontinued in accordance with Regulation 38 of the Disciplinary Regulations.

I am further informed that the second person acquitted last month of the charges preferred against him was medically discharged from the Garda Síochána on 18 September, 2006. As this person is no longer a member of the Garda Síochána, disciplinary proceedings were discontinued.

As the Deputies are, no doubt, also aware, in future, such matters could be addressed by the Ombudsman Commission. In particular, under Section 102(4) of the Garda Síochána Act 2005, the Commission will be able to investigate any matter, even where no complaint has been made, where it appears that a member of the Force may have committed an offence or behaved in a manner that would justify disciplinary proceedings.

In carrying out a criminal investigation, designated officers of the Ombudsman Commission will have Garda powers, immunities and privileges. They will be empowered to obtain search warrants, to arrest members of the Force, to detain and question members of the Force and take forensic samples, and to bring charges against them. Such investigations will therefore be full criminal investigations, carried out independently by the Ombudsman Commission. The members of the Ombudsman Commission were appointed earlier this year, and it intends to become operational in 2007.

Finally, I should add that I have already published comprehensive proposals for reform of the Garda disciplinary regulations, and these are now being discussed within the Garda Conciliation Council.