'A further 120 cases pending against Garda'

Taoiseach Bertie Ahern revealed that there are a further 120 cases pending against the State and the gardaí in Donegal.

Mr Ahern said it was not a case of just one or two.

"I have met Mr McBrearty snr and I understand the difficulties of the case and that there is a legal case next week. We all have much sympathy for the family. However, there are 120 cases like that one against the State and the Garda, starting off against actions in Donegal," he added.

"How can anyone be happy with this? The Government wants to see tough action taken. This cannot be allowed to happen and then nobody does anything. This was everyone's concern and the Minister for Justice has reflected this view time and again." Mr Ahern said that the Morris tribunal would investigate all matters.

"While some of it is hearsay, I understand more difficult matters will emerge." He said it was best that the Garda Síochána Bill was passed to deal with such issues. As time went on, the Government would see if other amendments were necessary.

Labour leader Pat Rabbitte said that when the second Morris report was published, the Minister for Justice had launched it and claimed credit for it. However, the major recommendation directed to the Oireachtas by Mr Justice Morris was that the Bill should be reviewed and not just amended.

Amid heated exchanges, he accused the Taoiseach of "flimflamming and filibustering" and demanded to know if the Bill would be reviewed.

Mr Ahern said that the Bill had been reviewed for the last year. When the first report was published last year, the Minister had taken full account of the issues involved.

Fine Gael leader Enda Kenny suggested that the recommendations of the second report of the Morris tribunal, and the extent of the Garda Síochána Bill, be examined by a three-person committee with international experience. It could report by the end of September, allowing the Government to enact an effective, modern and acceptable Bill by the end of the year.

"The Taoiseach claims repeatedly that the Minister for Justice is convinced that the Bill will work. However, Mr Justice Morris made recommendations that are not contained in the Bill." People were concerned, he added, that another McBrearty case might occur. "They are worried that structures will not change sufficiently to have accountability, transparency and professionalism in the Garda force.

"Morale is down in the force. Those men and women who do their absolute best for the State in their public service as gardaí feel somewhat disillusioned by the woolliness that now surrounds this matter," said Mr Kenny.

Mr Ahern said that enormous effort had gone into the Bill which was now at its final stages.

"Those key issues all members want addressed are provided in the Bill. The ombudsman commission will independently investigate complaints against members of the force.

"This was a major issue of the second report of the Morris tribunal."

Many people will argue that this provision should be in place even if there was no Morris tribunal."

Caoimhghin Ó Caolain (SF, Cavan-Monaghan) criticised the Minister for Justice, adding it was a scandal that nobody had been held to account for the Garda ill-treatment of both the McBrearty and McConnell families and indeed other families in Donegal and elsewhere.