Gross abuses of power 'unacceptable'

The "gross abuses of power and fabrication of evidence" identified in the latest reports of the Morris tribunal were "completely unacceptable and deplorable", Minister for Justice Michael McDowell said yesterday.

He described as "grave" the tribunal's finding that discipline within the Garda had been "severely eroded".

He agreed with Mr Justice Morris that a "fatal blurring" has emerged between "indiscipline and industrial relations".

He was concerned about the tribunal's conclusion that many of the issues identified by it were not limited to the Donegal division. "The tribunal has concluded that proper discipline has been lost in the force and the disciplinary machinery has become overlaid with an unnecessary degree of legal formalism," Mr McDowell said.

In that context he warned members that insubordination and threats of mass non-co-operation by them or their representative associations would not be tolerated under new disciplinary regulations unveiled yesterday.

"The Government is absolutely determined that An Garda Síochána will not be a playground for mischief-makers in any circumstances whatsoever," Mr McDowell said.

"There's a simple stark choice. Stand by the declaration and oath you took when you attested to An Garda Síochána and stand by the will of the people in reform of that force or opt out. There is no middle ground on that issue."

When asked if he was referring to the threatened non-co-operation by staff associations with the Garda Reserve, he said: "Exactly."

However, despite the reports' findings, the vast majority of gardaí served the State well and the force deserved the public's continued support. An "overwhelming" number of applicants had been received for the full-time and reserve force since the start of a new recruitment campaign on Monday.

The Minister added that judicial reviews had been used to delay disciplinary action. He had consulted the president of the High Court about ensuring these were handled speedily.

The acquittal of Sgt John White of criminal wrongdoing at two trials would not prevent disciplinary action being taken against him, in light of the conclusions in the tribunal's reports.

Dealing with Sgt White was a matter for Garda Commissioner Noel Conroy. However, Mr McDowell said he believed there was sufficient material in the reports to justify "effective and rapid action".

Abuses had been identified by the tribunal in relation to the granting of search warrants to members of the force by their superiors. He intended to reform this area by amendments in the Criminal Justice Bill.

The extraordinary circumstances under which warrants could be granted by senior officers under section 29 of the Offences against the State Act would be clarified to make any abuse much more difficult.

He revealed that 103 civil claims arising from Garda misconduct in the Donegal division had been received to date by the State. Five of these had been disposed of at a cost of €2.2 million. He agreed the outstanding cases would prove costly.

He had tried to take a reasonable approach and "not put people through the mill". He believed the victims of events in the Donegal division had been vindicated by the tribunal's findings.

"And the State has, through the establishment of a tribunal, vindicated their rights and upheld truth and decency through all of these matters."

Regarding civilians who had been used in the course of wrongdoing by some members in the Donegal division, Mr McDowell said the Garda had recently adopted a new policy on informants.

Mr McDowell said a number of measures, that had either been implemented or were in the planning stages, would improve the running of the force.

These included: a planned whistleblower's charter, the Garda Inspectorate, Garda Ombudsman Commission, greater accountability of members under the Garda Síochána Act, and new disciplinary and promotion regulations.

While the three reports published yesterday would be going to the DPP, he did not envisage more criminal prosecutions. A lot of time had passed since events under review had occurred. There was also the issue of "public prejudice".