FF sees Garda Inspectorate as answer

Fianna Fáil's proposed Garda Inspectorate would investigate all complaints against officers and impose disciplinary action over…

Fianna Fáil's proposed Garda Inspectorate would investigate all complaints against officers and impose disciplinary action over the head of the Garda Commissioner, the Minister for Justice, Mr O'Donoghue, has said.

Speaking in the wake of concern about Garda action against street protesters in Dublin on Monday, the Minister left open the possibility that some officers could yet face criminal proceedings.

The Garda Commissioner, Mr Pat Byrne, has been asked to carry out an inquiry "as quickly as possible", although Mr O'Donoghue rejected calls that an independent investigation should be held.

"The assurance that I have from the Commissioner is the assurance that I want: that there will be a full and complete report in relation to all aspects of this incident which he will place fully and squarely before me.

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"If it is the case that people did over-react, if that should be the position, there are procedures that can be gone through. There is the possibility that criminal proceedings may be necessary against an individual, or individuals," he went on.

Insisting that a Garda Inspectorate would be more powerful than an Ombudsman, he said it would be able to make disciplinary recommendations. "It would have the power to enforce disciplinary action if the Garda Commissioner did not agree," he said.

In April 2001, the Minister said a review of the Garda Complaints Board was "nearing finality" and would be followed by proposals. No action occurred up to the time the Dáil was dissolved.

Defending the lack of progress, the Minister yesterday said the Department of Justice, Equality and Law Reform had put 44 pieces of legislation through the Oireachtas since 1997.

The Fine Gael leader, Mr Michael Noonan, expressed concern about Monday's street disturbances in Dublin, particularly the "over-use of batons in an indiscriminate way and the lack of identification" illustrated by video shown on RTÉ.

An internal Garda inquiry was acceptable, as long as it was completed quickly, he said.

"This was one incident on the streets over a reasonably short period of time. It should be possible to establish the facts quickly."

The Labour Party's deputy leader, Mr Brendan Howlin, who last year sought independent investigation of complaints against gardaí, poured scorn on the Minister for Justice's proposals.

In the Dáil in April last year, Mr O'Donoghue accused Mr Howlin of "political posturing". The Minister said at the time: "Let us not dress up proposals for change with ill-disguised attacks on the Garda Síochána."

Last night, Mr Howlin said Mr O'Donoghue had five years to take action in this area, and did nothing. "If this was such an important issue for him, he should have addressed it before now," Mr Howlin said.

In Northern Ireland, the Police Ombudsman has the power to investigate all complaints made against the Police Service of Northern Ireland.

Favouring Labour's Ombudsman idea over Fianna Fáil's proposal, the Progressive Democrat Minister of State, Ms Liz O'Donnell, stressed the need for an independent investigation.

"I think everybody would be concerned at the scenes that we saw of disorder and the attempts by the Garda to control it," she said, welcoming the inquiry ordered by Mr O'Donoghue.

The Green Party leader, Mr Trevor Sargent, said Monday evening's clashes between gardaí and protesters raised questions about police training and required an independent investigation.

Meanwhile, Mr O'Donoghue condemned Sinn Féin's call for the abolition of the Special Criminal Court. "It has been the bulwark in the fight against organised crime and terrorism in this country.While the threat from organised crime and terrorism has receded, it is important that nobody should be under the illusion that this threat has been eradicated. It has not," he said.

Sinn Féin's Dublin West candidate, Ms Mary Lou McDonald, said the Government had failed to review the need for the court, despite its obligations under the Belfast Agreement.

Mark Hennessy

Mark Hennessy

Mark Hennessy is Ireland and Britain Editor with The Irish Times