SEANAD REPORT: It would seem that the Minister for Justice would be precluded by the Garda Síochána Bill from making statements about Sinn Féin being in receipt of illegal funds, Ms Sheila Terry (FG) said.
Speaking in the second stage debate on the bill yesterday, she noted that the disclosure of information by gardaí to journalists was to be an offence where it had harmful effect. This kind of effect would arise if the information in question adversely affected the relations of the government with any party in Northern Ireland.
"This is totally unprecedented. I am advised that there is no such similar provision on our statute books. It is ironic that a provision of this kind emanates from Minister McDowell. It was he, who only a few weeks ago was giving interviews at every available moment informing us that Sinn Féin were receiving funds from IRA criminal activists. "It would seem that the communication or exchange of this very information would be excluded by Section 55". The Minister should enlighten the House as to the motivation behind the section.
Ms Terry said the proposed Ombudsman Commission was deemed to be entirely capable of investigating criminal matters, but it was not to be trusted with all garda files, including security files. If the Minister trusted the Commission he should remove the security files exemption.
The Minister for Justice, Equality and Law Reform, Mr McDowell said the aim of the measure was to reform the legislative structure for the management of the Garda Síochána, in particular clarifying the role and objectives of the force, and redefining its relationship with the Minister and Government.
The other key objective was to put in place a new mechanism for dealing with complaints against members of the Garda which commanded the confidence of the public and the force alike.
The Minister of the day was being enabled to issue directives to the Garda Commissioner on policing matters.
The Ombudsman Commission, which would replace the existing Garda Síochána Complaints Board would be independent in its composition and investigations.
Every complaint would be either made to or referred to the Commission. The most serious complaints, involving death or serious injury, would have to be investigated by the Commission itself, and it would be a matter for that body, exercising its independent judgment, to decide in the case of every other complaint whether it should investigate it, or whether it should refer it to the Garda Commissioner for investigation.
Mr Feargal Quinn (Ind) said he had no problem with the government appointing the Garda Commissioner. "But carrying political power over appointments right down to the level of superintendent seems to very seriously undermine the perceived independence of the police force. It sends out all the wrong messages, and I urge the Minister to rethink that provision at least."
Mr Joe O'Toole (Ind) said the Government should ask President Bush to reconsider his plans to visit Ireland in the summer. "I think we are being abused as part of the American election. Our government, I think, are going to be embarrassed by it. There are many of us who will not be able to sit silent when President Bush visits this country".
