A commitment by Garda Commissioner Noel Conroy to introduce and operate a new disciplinary code, published last month by Minister for Justice Michael McDowell, offers hope for the future. But it would be facile to believe that this step, in itself, will eliminate what Mr Justice Frederick Morris described as widespread insubordination and abuse of power within the Garda Síochána. The road to reform will be long and arduous.
Mr Conroy's response to the Morris tribunal reports was in stark contrast to that of the general secretary of the Garda Representative Association (GRA), PJ Stone. For while Mr Conroy spoke of new administrative procedures that reflected the concerns of Mr Justice Morris and accepted that the public image of the Garda had been damaged, Mr Stone challenged the tribunal's findings, dismissed events in Donegal as being 10 years old and blamed Garda management for past failures.
The tribunal has already criticised the GRA severely for obstructing the Garda authorities in their efforts to impose discipline. It found Mr Stone's view of the Garda Síochána as a "service industry" to be "untenable" because of the special powers entrusted to its members. And it recommended that disciplinary action should be taken against those gardaí who refused to account for their actions while on duty. Such a provision has been included in the draft disciplinary code. Mr Conroy will be empowered to sack officers following an internal inquiry.
The Garda Commissioner's recognition of the need to address malfunctions within the force came as a special Commission of Investigation found that "inappropriate leading questions" had been asked of the late Dean Lyons, who was subsequently charged with murders he had not committed in Dublin. Garda written records of those events are incomplete and potentially misleading. And while the commission held that no deliberate attempt had been made to undermine Mr Lyons's rights, it did raise damaging questions about the way in which the Lyons case had been conducted. An expert group will now report to the Minister on the adequacy of Garda training, regulations and procedures.
There will always be pressure on the police to solve high-profile crimes and to secure convictions. But short-cuts in investigations and a presumption of guilt must be scrupulously avoided if public confidence in the Garda is to be retained and the unacceptable events of recent years avoided. Mistakes can, and will, occur. And corrupt policemen can abuse their powers. But, when that happens, it must be formally recognised and publicly corrected. Mr Stone and the GRA are in denial over what happened in Donegal. And there is a distressing tendency to support those officers who committed perjury or failed to co-operate with Mr Justice Morris. That cannot continue. Those principled and courageous gardaí whose service to the public and the truth set a shining example at the tribunal deserve better. Public confidence in the force underpins our democracy.