Gardaí to be fired if new rule is violated

MEMBERS of the Garda face being fired unless they abide by a strict new rule that their representative body believes could be unconstitutional.

According to the Garda Representative Association, a provision of the 2005 Garda Síochána Act requiring gardaí to account for their actions offend a garda’s constitutional rights.

Justice Minister Michael McDowell said yesterday it was essential that all members of the force are held fully and openly accountable.

“The requirement on gardaí to account for their actions whilst on duty is one of the most important provisions of the act,” he said at garda regional headquarters in Cork.

The act provides protection for gardaí who blow the whistle on corrupt colleagues and allows the Garda Commissioner to sack any members of the force up to inspector rank.

Opponents say the legislation, the first major revision of the operation of the force since the foundation of the State, is excessive and could be open to legal challenge. It was signed into law by President Mary McAleese on Sunday after being rushed through the Dáil.

In a statement yesterday, the GRA said High Court decisions supported their view. “On the basis of previous High Court decisions, that there are serious constitutional questions raised if members are asked to account for their actions without being informed that such an account may be used against them in a criminal case.

“In a case where gardaí who gave an account of their actions and were subsequently dismissed, the court ruled that unless gardaí were advised of the consequences of that admission they should not have been asked to give that account,” the GRA said.

However, Mr McDowell said he did not see “any major difficulties” with the provision.

A number of important provisions come into operation on Friday already. Among these is the requirement for the Garda Commissioner to be fully accountable to the Minister for Justice.

Under this provision the commissioner must supply the Secretary General of the department with any document in his power or control. Labour Party leader Pat Rabbitte has described the provision as a “threat to democracy”.

“The minister is to be given access on demand to any and every garda file, about any and every, person, body, place or thing. This includes access to files on themselves and their personal or political friends and enemies,” he said.

The section was inserted in response to the failure by then Garda Commissioner Pat Byrne to provide Mr McDowell and predecessor John O’Donoghue with full access to an internal garda investigation into officers accused of corruption in Donegal.

The report later provided the basis of the Morris Tribunal, which has issued two scathing reports on Garda conduct in the division.

One of the key provisions of the act is the establishment of the Garda Síochána Ombudsman Commission to investigate complaints against members of the force.