The proposed new Garda Inspectorate will have the power to compel gardaí to co-operate with disciplinary inquiries, the Minister for Justice has confirmed.
Mr McDowell said he had decided before this week's report of the Garda Complaints Board that gardaí would be obliged to give evidence to the inspectorate. This duty would be subject to the constitutional rights of gardaí not to incriminate themselves.
The complaints board report cited non-co-operation by rank-and-file gardaí with its investigation into policing of the Reclaim the Streets protest in Dublin last May.
Mr McDowell stressed that under the new regime, gardaí "will not be in the same position as every other citizen". Because of their important role in society, gardaí would have obligations "over and above the ordinary obligations of citizens".
The Garda Representative Association yesterday renewed its criticism of the board, claiming that comments made by its chairman, Mr Gordon Holmes, might prejudice the outcome of prosecutions against seven gardaí who were subsequently charged with assault.
Participants in the demonstration also criticised certain findings of the board, including a suggestion that the non-display of identification by gardaí was accidental.
The Labour Party's spokesman on justice, Mr Joe Costello, said the board's findings proved the need for "emergency legislation" which would immediately establish the inspectorate. A spokesman for the Minister said the relevant legislation would hopefully be published by Easter.
The Green Party's justice spokesman, Mr Ciarán Cuffe, said it planned to table a Dáil motion calling on the Minister to review Garda training and ensure proper disciplining of gardaí. "The deafening silence from the gardaí resembles the Mafia omerta or code of silence," said Mr Cuffe.
His comments followed the board's disclosure on Monday that only 20-25 of 150 gardaí on duty during the protest replied to requests for assistance. It said none of those who responded was able to identify another member of the force and that this contributed to seven or eight gardaí, against whom there was video evidence of inappropriate baton use, escaping disciplinary action.
Twenty-three gardaí are, however, facing disciplinary action over non-display of identifying letters and numbers during the event.
On RTÉ radio's Morning Ireland yesterday, the Garda Representative Association's general secretary, Mr P.J. Stone, renewed his attack on Mr Holmes, saying the timing of his remarks had sent out a "very dangerous signal".
He said under the Garda Síochána (Complaints) Act 1986, gardaí were entitled not to reply to the board. As for the separate criminal investigation, headed by the Assistant Commissioner, Mr Tony Hickey, he said every member of the GRA who was not the subject of a criminal allegation had assisted in every respect, adding if Mr Hickey "comes out and says something different, well then I will apologise".
Meanwhile, participants in the Bank Holiday rally have criticised Mr Holmes's claim that a car had been set alight during the march.
Ms Leah Doherty, who filmed part of the event for Indymedia, said the car in question belonged to one of the protesters who allowed a smoke bomb to be placed inside as part of the demonstration against excessive car use in the city. The car was not set alight, she said.
Mr Holmes's conclusion that there was no concerted effort by gardaí to avoid identification was "totally unbelievable". she added. "The gardaí involved in breaches of practice were those not wearing badges. That was more than a coincidence."
Ms Grace Lally, of Globalise Resistance, which helped to organise the event, said she was concerned that senior gardaí who gave orders during the incident were going unpunished. "There are bigger questions about what happened. Who was in charge and why were gardaí arresting people for protesting peacefully?"
The Garda declined to comment yesterday on the board's findings.
