Reforms will threaten right to silence, warn gardaí

GARDAÍ will join suspected paramilitaries as the only people in society to be denied the right not to incriminate themselves, rank and file members have warned.

Under proposed reforms, members would be forced to account for their movements, actions, and lack of action and failure to do so could lead to dismissal.

This effectively means they will be stripped of the right to silence during internal investigations.

While the Garda Representative Association said it has no issue with members being made accountable for their on-duty actions, there is a fear it could be extended to alleged criminal behaviour.

“When it comes to alleged criminal behaviour, members should have the same rights as those afforded to all members of society,” said the spokesman.

It’s likely any proposal to remove gardaí’s right not to incriminate themselves will be challenged, sources added.

Suspected subversives have already had their right to silence undermined while gardaí have argued that it should be extended to other suspects, particularly gun and gangland criminals.

Under amended legislation introduced after the 1998 Omagh bombing, inferences can be made from the failure of a suspect arrested in connection with alleged subversive activity to mention particular facts.

The Garda reforms state that any member failing to account to a senior officer for their actions or inaction would be in breach of Garda discipline and subject to dismissal or reduction in rank.

The Association of Garda Sergeants and Inspectors want assurances that any information volunteered during internal investigations would not be used as part of a criminal case.