State won’t change Morris mandate

JUSTICE Minister Michael McDowell last night rejected calls for the widening of the terms of reference of the Morris Tribunal into allegations of garda misconduct in Donegal.

The Labour Party want the government to get tribunal chairman Justice Morris to widen the terms of reference of the tribunal.

Labour also want the government to negotiate with the McBrearty family to allow them to be legally represented at the tribunal.

The Government has argued that the terms of reference will only be changed if there is a request from Justice Morris.

Labour justice spokesman Joe Costello said it is clear the terms of reference were too limited to allow the scale of the inquiry required to deal with what may be the most serious allegations of garda misconduct ever to be made in the history of the state.

“When the motion establishing the tribunal was discussed in the Dáil last March, the government voted down proposals from the opposition parties to widen the terms of reference to include the role of the Minister for Justice and other relevant state agencies, such as the Office of the Attorney General.”

“The role of the Department of Health and the Minister for Health were specifically included with the terms of reference of the Lindsay Tribunal.

“Why should the role of the Minister for Justice be immune from examination by the Morris Tribunal?”

The Labour Party says the government should instruct the Attorney General to consult with the tribunal chairman in seeking a change in the terms of reference.

But Mr McDowell says the Government currently believes the terms of reference are suitable and that there is no limitation on the tribunal’s scope to find fault.

“The tribunal has a broad power to make such findings and recommendations as it sees fit, so that such persons and agencies are not immune from adverse findings based on evidence,” he said.

Legal representation for the McBrearty family should be paid for in advance by the state, according to Mr Costello.

He said there is a convincing evidence to suggest that a serious injustice was done to the family over recent years.

“There is now a real danger of a double injustice being done if they are not enabled to be legally represented for the duration of the tribunal.”

Again, the minister rejected the call.

He said he would have to justify why he was covering the costs of one individual and not another or giving preferential treatment to one party.

“It would be a disastrous mistake that would end everybody up in the Four Courts.

“I can’t go down that road,” he said.