AN ELEMENT of "stroke" politics probably influenced the release of a report by the Morris tribunal into criminal and unprofessional conduct by members of the Garda Síochána in Co Donegal. Opposition parties were rightly critical of what they regarded as an attempt to diminish the importance of the findings.
The timing of the release, coinciding as it did with the appointment of a new Taoiseach and a reshuffle of Cabinet members, ensured the report received limited public attention. While such activity is not without precedent, it represents unacceptable behaviour.
The latest report by Mr Justice Morris was delivered to the Department of Justice two weeks ago. It could have been released at an earlier time. It dealt with wrongdoing by Garda members in Donegal during their investigations into the death of Richie Barron in 1996. Suspects were unlawfully arrested. Some were mistreated while in custody. And evidence was manufactured that struck at the reputations of the Quinn and McBrearty families. Much of that was already known. What was startling was a conclusion that the "deficiencies" identified were "not peculiar to Donegal". Concern was expressed that "catastrophic injustice" could arise in future if laws were flouted, protections abandoned, and lies told by gardaí in pursuit of those whom they regarded as guilty. The tribunal recommended the establishment of a broad group of security, legal and civil rights interests to advise the Minister on matters relating to the interviewing of witnesses and suspects.
Garda Representative Association president Michael O'Boyce described the report as "an appalling indictment of some of our members", while maintaining that the culture within the force was changing. That admission is a welcome development and reflects a broad awareness that reforms are necessary if the Garda Síochána is to retain its sound relationship with the public. In the same way, a formal apology by Garda Commissioner Fachtna Murphy to those harmed by the investigations - as recommended in the report - offers a reassuring departure. Much has changed since these dreadful events came to light. A Garda Ombudsman Commission and a Garda Inspectorate have been established, along with a confidential reporting system within the Garda Síochána itself. Tough internal disciplinary regulations were also introduced by former minister for justice Michael McDowell. Progress is being made. But it would be wrong to stop now.
The Morris tribunal concluded that a new legal framework with specific regulations governing the interviewing of suspects is urgently required. As a stopgap measure, it recommended the UK model of interview should be adopted. It may be difficult to secure a consensus between the various Irish interests on what form new regulations should take. Legislation would be complex. Notwithstanding those problems, incoming Minister for Justice Dermot Ahern should make it clear to all concerned that reforms now under way will be expanded in the interests of a compliant, law-abiding society and the good reputation of the Garda Síochána.