Tribunal will study misconduct charges against Donegal gardai

Legislation opening the way for a tribunal of inquiry into allegations of misconduct on the part of members of the Garda in Donegal passed all stages.

The Minister for Justice, Mr O'Donoghue, said the Bill, known as the Tribunals of Inquiry (Evidence) (Amendment) Bill, 2002, would establish a tribunal to look into matters in Donegal without prejudice to criminal proceedings.

He was pleased, he added, that Mr Frederick Morris, former president of the High Court, had agreed to be the sole member of the tribunal. He added that he would send the Government's proposed terms of reference to the Opposition spokesmen very soon and looked forward to consultations on the text of an appropriate resolution.

"I will, of course, try to facilitate the parties opposite by taking on board any suggestions of theirs which could help us reach as broad a consensus as possible as well as a final, satisfactory conclusion to this whole matter," the Minister said.

Mr Justice Flood had asked that the Tribunals of Inquiry (Evidence) Acts be amended to state clearly that a tribunal might be made up of more than one member and to provide expressly for a reserve member.

"Mr Justice Flood suggested that this was necessary to avoid any possible challenge to the process of the tribunal. He also suggested that it should be provided that, where any of the full members of the tribunal is unable to act for any reason, the tribunal should be able to proceed to hear evidence on the basis of the remaining two members and the reserve member.

"This Bill responds to Mr Justice Flood's request," Mr O'Donoghue said.

The Fine Gael spokesman on justice, Mr Alan Shatter, accused the Minister of allowing the Donegal issues to continue to fester for a period that went way beyond what ministerial caution could provide an excuse for.

"In dealing with this tribunal of inquiry legislation, I am very conscious of not saying anything that might prejudice criminal proceedings which are before our courts this week," he said.

"Suffice it to say, the evidence derived from a criminal case currently before our courts, as reported in the daily newspapers, clearly illustrates the folly of this Minister in failing to come to terms with the seriousness of allegations being made about Garda misbehaviour in the Donegal area.

"If even a portion of what is being said in court turns out to be true, it is the greatest scandal in the history of the State relating to the Garda," Mr Shatter said.

"The second-greatest scandal is that we have had a Minister who has been paralysed by indecision for over three years and was incapable of addressing the issues that arose."

Mr Jim Higgins (FG, Mayo) said the Garda was a good force, but public confidence must be restored in it. "The small and dangerous coterie of its members who have sullied its reputation cannot be tolerated in its ranks. They must be ejected," he said.