The claim that gardaí did not co-operate with an investigation into their actions during last summer's Reclaim the Streets rally could prejudice legal proceedings against seven members of the force, the Garda Representative Association (GRA) said today.
The chairman of the Garda Complaints Board (GCB) yesterday said only 20 officers out of 150 responded to letters asking them to give their account of events at the rally in Dublin last May in which 24 arrests were made and a number of activists hospitalised.
Mr Gordon Holmes described the response as "disappointing" and said: "Many members seemed to put loyalty to their colleagues ahead of loyalty to An Garda Síochána".
A spokesman for the GRA told ireland.comthat Mr Holmes comments were ill-timed because of proceedings before the Circuit Court against seven members of the force in relation to the matter.
"There is now a risk that his comments could prove to be prejudicial to proceedings before the courts," the GRA spokesman said.
"The Association believes that for Mr Holmes to comment at this time is unprecedented for someone in his position . . . a perception has now emerged that he and his board have reached a view about an ongoing process," he added.
Although the Complaints Board investigation is nearly complete, the investigation both within the Garda and in the courts continues.
The GRA say they have "no difficulty" with Mr Holmes expressing a view but he should only comment "at an appropriate time".
There was a public outcry over what many regarded as heavy-handed tactics by the gardai. Video evidence showed a number of gardai had removed their identification badges and wielded batons during what activists maintain was a peaceful protest.
One of the problems the GCB identified during its inquiry was that it was unable to compel gardai to give evidence. But the Minister for Justice, Mr McDowell, this morning told RTÉ Radio he was preparing legislation that would address the issue.
He said: "the new inspectorate, when it is established, will have clear powers to exact co-operation, and that members of An Garda Síochána will have clear and enforceable duties to co-operate".
The GRA approve of a new inspectorate in principle but are warning that the constitutional rights of its members - for instance regarding self-incrimination - must not be compromised by any duty to comply with the inspectorate.
Mr McDowell has criticised what he called the gardai's "a la carte" attitude to co-operation with the Complaints Board investigation and said if he received a copy of the report he would seek full compliance from gardaí.
The Green Party today responded to yesterday's revelation by anouncing their intention to table a Dáil motion calling on the Minister for Justice to "review Garda training and ensure proper disciplining of Garda members".
Justice spokesperson Mr Ciaran Cuffe said: "The deafening silence from the Gardaí resembles the Mafia Omerta or 'Codeof Silence' ... the failure of many Garda to respond to the Garda Complaints Board is a damming indictment of the force."
Labour's Justice spokesman, Mr Joe Costello, called for the Minister to "immediately implement emergency legislation establishing an independent Garda Inspectorate".
He also said revelations at the Morris Tribunal that the Garda Complaints Board has failed to act on complaints in the past "further undermined publicfaith in the Garda to carry out its work properly".