The Director of Public Prosecutions says he is unable to investigate the "vast majority" of files he receives from the Garda Complaints Board because the time limit for summary prosecutions has already expired, writes Carl O'Brien.
The DPP's unprecedented intervention will place further pressure on the Garda, which is at the centre of allegations that discipline has broken down in the force and that gardaí are escaping censure for misconduct.
The DPP, Mr James Hamilton, said he hoped the problems created by a six-month statutory time limit for summary prosecutions would be addressed in forthcoming legislation.
Mr Hamilton's office said in a statement: "The six month statutory limit for summary prosecutions applies to cases which are dealt with through the Garda complaints procedure as well as to prosecutions generally.
"In the vast majority of cases referred to the director under the Garda complaints procedure, the time limit for summary prosecutions has already passed by the time his office receives a file."
Allegations that gardaí are escaping disciplinary action were made in RTÉ's Prime Time programme on Thursday night.
The programme, which also highlighted alleged perjury and disciplinary breaches by gardaí, documented a number of cases where gardaí accused of misconduct were not investigated or prosecuted.
The allegations were described as "extremely serious" by the Garda Commissioner, Mr Noel Conroy. He said the force had dealt with wrongdoing by its members over the years and would continue to combat it through the criminal justice system and the internal disciplinary codes.
The Taoiseach, Mr Ahern, said he was confident the Garda would thoroughly investigate any complaints.
Latest figures show that during 2002, out of a total of 11,900 gardaí, four were suspended, two were dismissed and one resigned involuntarily under internal disciplinary procedures. The chairman of the Garda Complaints Board, Mr Gordon Holmes, said investigations into private complaints were conducted by officers appointed by the Garda Commissioner and that the board had no control over these inquiries. "In many cases these interventions take a huge amount of time and we have no hand, act or part in controlling the investigating officer. And that's the biggest shortcoming in the complaints board," Mr Holmes told RTÉ radio.
A spokesman for the Minister for Justice, Mr McDowell, last night said the issue was being addressed in the context of legislation for the new Garda Ombudsman, which will replace the existing Garda Complaints Board. The Bill is due to be published within three weeks.
The new three-strong body will be able to investigate allegations of poor conduct, corruption or other charges against gardaí. It is likely to include a retired Supreme Court or High Court judge. However, it will have just a fraction of the staff enjoyed by the Northern Ireland Police Ombudsman.
The Office of the Director of Public Prosecutions also confirmed yesterday that the number of files it had received from the Garda Complaints Board increased by more than a quarter last year to a total of 168.
Separate figures show the Garda is facing almost 100 civil actions over assault, unlawful arrest and other breaches of citizens' rights, according to official figures.
In addition, the force has paid out more than €7 million in compensation for such incidents, mostly in out-of-court settlements, over the last six years.