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20th November 2002
`Toothless' Garda Complaints Board must be stood down and independent Ombudsman established
Speaking in the Dáil tonight on a Matter on the Adjournment (Standing Order 21) Sinn Fein's spokesperson on Justice and Equality called for the standing down of the Garda Complaints Board and for the establishment of an independent Garda Ombudsman and independent policing board.
Deputy Ó Snodaigh said:
``Every society needs a police service, and every police service needs the support of the communities they serve. It is imperative that there is total transparency and trust between them. The Minister knows that in many parts of this country today this transparency and trust is long gone.
``There is corruption, wrongdoing, and bad practice within the Gardaí at many levels and ranks, and it reaches all the way to the top. Fundamental reform of our policing system has never been more urgent, and it is just as much a priority for Sinn Fein here in this state as it is for us in the north.
``The practice of Gardaí investigating Gardaí is not only flawed, it goes against everything that could be construed as being in the public interest. We have to end the deeply flawed practice of internal investigations. We have to end the practice of hush-money in the form of out-of-court settlements. We have to get rid of the toothless Garda Complaints Board - who admitted in its own annual report that it was not sufficiently independent from the police to be an effective instrument for police accountability - and establish a fully independent and impartial complaints mechanism.''
He went on to say:
``For the record, we believe that the Morris Tribunal as presently constituted is unlikely to get to the core of corruption and abuses by the Gardaí.
``Sinn Fein supports the call by the McBrearty family for the expansion of the Tribunal's terms of reference. The Garda Commissioner, the Attorney General, the DPP, and the Minister and former Minister for Justice, as well as the Donegal State Solicitor all have knowledge of the affair. All those individuals, organisations, and state bodies who have any level of connection to the case must be called to give an account. The McBreartys and others have a right to find out why Garda and State authorities initially failed to act on serious accusations of Garda corruption and intimidation. The Tribunal's terms of reference must also be widened to cover the killing by loyalists of Donegal Sinn Fein Councillor Eddie Fullerton at his home in 1991.''
FULL SPEECH ON GARDA REFORM
AENGUS Ó SNODAIGH TD
SINN FÉIN SPOKESPERSON ON JUSTICESTANDING ORDER 21 - MATTER ON THE ADJOURNMENT
I thank the Ceann Comhairle for allowing me the opportunity of raising this very critical issue today.
We are used to thinking of police reform as an issue exclusive to the Six Counties of this island. But if anyone is in doubt as to whether fundamental police reform is urgently needed in THIS state, they need look no further than yesterday's Irish Times. In three separate stories on one single day, we read reports of a Garda accepting bribes, a Garda involved in child pornography in Louth, and dozens of Gardaí in Dublin refusing to cooperate with the Garda Complaints Board in order to protect their colleagues from disciplinary action over attacking a non-violent demonstration. This is exclusive of reports appearing elsewhere on the same day regarding the investigation of the entire Donegal Division by the Morris Tribunal. It is also exclusive of the many Garda irregularities and abuses we have witnessed in other parts of this state over the years, and recently during the election campaign in North Kerry.
Every society needs a police service, and every police service needs the support of the communities they serve. It is imperative that there is total transparency and trust between them. The Minister knows that in many parts of this country today this transparency and trust is long gone.
It is imperative that issues of Garda misconduct are thoroughly investigated and appropriate disciplinary actions taken. It is also imperative that any investigations are independent, fair, and transparent, and are seen to be so by all involved. Yet international bodies such as the European Committee for the Prevention of Torture and the UN Human Rights Committee have criticised the inadequate system for Garda complaints on no less than four occasions.
There is corruption, wrongdoing, and bad practice within the Gardaí at many levels and ranks, and it reaches all the way to the top. Fundamental reform of our policing system has never been more urgent, and it is just as much a priority for Sinn Fein here in this state as it is for us in the north.
The Minister himself has recognised this need, and has announced a package of reforms. But I put it to the Minister that his piecemeal reform package does not and will not go far enough. Comprehensive, root and branch reforms are needed. I also put it to the Minister that the reform process is proceeding FAR too slowly and must be moved up the Government's agenda. But the Minister's Inspectorate proposal is not enough. The Programme for Government promises that an independent inspectorate ``will have the powers of an Ombudsman''. But there is no valid reason why we should not just go ahead and establish an ACTUAL Ombudsman. All signatories to the Good Friday Agreement agreed that it was essential that policing structures and arrangements comply with certain accepted standards. Nothing less than those measures and standards we promote for police reform in the north will do for our own policing service here in the 26 counties. There can be no double-standard on policing.
The practice of Gardaí investigating Gardaí is not only flawed, it goes against everything that could be construed as being in the public interest. We have to end the deeply flawed practice of internal investigations. We have to end the practice of hush-money in the form of out-of-court settlements. We have to get rid of the toothless Garda Complaints Board - who admitted in its own annual report that it was not sufficiently independent from the police to be an effective instrument for police accountability - and establish a fully independent and impartial complaints mechanism.
Sinn Fein proposes a basket of measures for police reform in this state - and they do not differ significantly from those we promote in the northern context. The establishment of a fully independent, transparent, representative Policing Board. The establishment of a fully independent Garda Ombudsman to investigate complaints against the force as a matter of priority. Human rights training for all Gardaí. The mandatory video-taping of interviews with suspects.
Finally, for the record, we believe that the Morris Tribunal as presently constituted is unlikely to get to the core of corruption and abuses by the Gardaí.
Its terms of reference are still too limited. Sinn Fein supports the call by the McBrearty family for the expansion of the Tribunal's terms of reference. The Garda Commissioner, the Attorney General, the DPP, and the Minister and former Minister for Justice, as well as the Donegal State Solicitor all have knowledge of the affair. All those individuals, organisations, and state bodies who have any level of connection to the case must be called to give an account. The McBreartys and others have a right to find out why Garda and State authorities initially failed to act on serious accusations of Garda corruption and intimidation. The Tribunal's terms of reference must also be widened to cover the killing by loyalists of Donegal Sinn Fein Councillor Eddie Fullerton at his home in 1991.
We are also concerned that the Tribunal may be compromised by the appointment of a Head Investigator, Michael Finn, who - given the outstanding question marks that hang over his involvement in the Nicky Kelly case - is arguably not impartial, and certainly is not SEEN to be impartial.
Sinn Fein have grave concerns about the effectiveness of the Morris Tribunal. We want it to work. We believe it CAN work. But the terms of reference definitely need to be extended and this is a matter for Dáil Éireann, not for Justice Morris, as he himself has stated. I urge the Minister to take responsibility for this, not to pass the buck, but to make sure these things happen, and in an appropriate way.
Indeed, there is a need for an inquiry with a MUCH broader mandate - one that can capture the true and full extent of police corruption and wrongdoing throughout the state, and to try to establish public confidence in policing. There is also a need for broad-based public consultation on police reform. Ultimately, the solution should come from the bottom-up, not the top-down.
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