The State could be heading towards "short-cut justice" if it pursues policies such as the removal of the right to silence and zero-tolerance policing, the Auxiliary Bishop of Dublin has warned. Dr Eamonn Walsh gave the principal address at an interdenominational service in St Patrick's Cathedral, Dublin, to mark the 75th anniversary of the Garda Siochana.
Removal of a suspect's right to silence in police custody could "easily lead us down the slippery slope of short-cut justice", the bishop said. The term zero-tolerance policing, outside the context of drugs, made him nervous.
Dr Walsh's address began a day of events at Dublin Castle to mark the anniversary of the arrival in the castle of the State's first police force, led by Michael Staines, to take over power from the British administration.
The last remaining officer from the Staines contingent, 97-year-old Tom Boland, from Co Clare, was present yesterday. Five retired Garda commissioners, Patrick McLaughlin, Laurence Wren, Eamon Doherty, Eugene Crowley and Patrick Culligan, also attended. The RUC Chief Constable, Mr Ronnie Flanagan, accompanied the present Garda Commissioner, Mr Patrick Byrne.
The Minister of State for Justice, Equality and Law Reform, Ms Mary Wallace, represented the Minister for Justice, Mr O'Donoghue. She commended the force and officially opened the Garda Museum in the Record Tower at Dublin Castle.
In his address, Dr Walsh also referred to the vision and sacrifice of the Garda Siochana, an unarmed force whose members had earned the respect of Irish society. He named the 25 officers who had died in the Northern conflict. "I consider all these fine men and their unnamed murdered comrades as martyrs in the cause of peace," he said.
He added: "In the past 75 years the gardai have, I believe, gained an ever-increasing respect from the public because An Garda is composed of hardworking fair-minded members devoted to the public service.
"We have all experienced that sense of security and peace that seeing a garda on the beat gives. We are especially aware of that when we are outside of our own familiar territory. The parent who does not rest easy until the last member of the family is safely home depends so much on you for their peace of mind.
"You are so often called upon to break bad news to families, to be with people at times of crime, accident and death.
"The value of your sensitivity, calm and control at such times cannot be costed. You may rarely hear of the peace and support you have given, but people like me do. Today I wish to acknowledge it publicly: `Blessed are the merciful, they shall have mercy shown them' . . . "As a public we respond better to clear boundaries, fairness and understanding. They are a better response than rigidity and intolerance. Terms like zero tolerance outside of the drugs context make me nervous.
"It is helpful to remind ourselves that we are human beings with strengths and weaknesses. We are still a `tainted perfection'.
"It is helpful, too, to remember that we are all given equal hands in life. Some are dealt a very harsh hand. Our `tolerance' must bear that in mind.
"Balance in tackling the professional criminal, those heading in that direction and those who lapse through human weakness, is part of the challenge facing gardai, legislators and all of us today. Balance calls for firmness and understanding: it calls for realistic yet imaginative programmes that are sensitive to the law enforcers, victims and offenders."
He continued: i. It is also within our budget but it does require ownership and courage. "The more we, as a public, stand away from co-operation and responsibility with the forces of law and order, the more likely we are to have demands for more severe laws. This, in turn, can lead to the temptations of seeking to dilute our strong and hard-earned basic human rights such as the right to remain silent.
"Bartering such rights for short-time gain could easily lead us down the slippery slope to shortcut justice, a path that can rapidly undermine public confidence and eventually co-operation."
Speaking later in Dublin Castle, Mr Byrne paid tribute to the work and vision of his predecessors.
"The people who served, the high-profile incidents, the major problems, the ordinary day-to-day relationships, the imperfections, the failures, the successes, the sacrifices made and the lives lost, now faded or dimmed from memory.
"But today we remember. We look back with pride and a sense of achievement but without pretence of perfection.
"We are conscious of the debt owed to our founding fathers who formed an unarmed force which kept the peace and destroyed tranquility within a decade of its inception . . .
"Most importantly, we are grateful for the support received from the people and we look forward to the future in confidence that that support will continue.
"We pray that we will have the strength and wisdom as individuals and as an organisation to meet our responsibilities with justice, charity and humanity."
The highlight of the day was a re-enactment of the march into Dublin Castle through the Palace Street gates by the original force of gardai on August 17th, 1922. Mr Byrne led the march before joining guests to watch displays by the Garda dog and motorcycle units in the castle quadrangle.
The celebrations ended with a reception by the Garda Historical Society at the Coach House in Dublin Castle.