Morris Report - Fundamental changes to force needed

The silence from Garda Commissioner Noel Conroy after the unprecedented condemnation of the force contained in the three most recent Morris Tribunal reports is simply astounding, if not unsettling.

It is completely unacceptable that the most senior garda in the country, charged with responsibility for that force, should remain publicly aloof from the tribunal findings.

Its reports produced proof that corruption spread wider than Donegal, even though the original remit related to specific misbehaviour by a number of individuals there. What Mr Justice Frederick Morris found was that the gardaí had been “plagued” by mass insubordination and even discipline had been eroded.

The commissioner has the power to remove any member in the public interest or to prevent damage to the force. He is mute on this point, even though those two very issues — public interest and damage to the force — are very fragile at the moment and demand to be addressed in a completely transparent manner.

Justice Minister Michael McDowell has admitted that the Morris gardaí are to avoid criminal charges because of delays in bringing charges and the difficulty of ensuring an unbiased hearing given the negative publicity already surrounding individual gardaí.

That, plus the commissioner’s perplexing silence, can only lead to the public perspective that there are going to be no formal consequences for those gardaí found guilty by Morris of such shocking criminal conduct, so detrimental to the force and public confidence in it.

Silence also emanates from garda headquarters on other matters of public concern, such as the Carty report, Abbeylara, and the circumstances surrounding the Brian Rossiter and Dean Lyons affairs.

It is understandable that a worried and sceptical public, susceptible to the laws of this country, look at their police force with a jaundiced view that sees the purported upholders of that same law apparently to be above it.

It is far from adequate that the Justice Minister aver on national radio yesterday that the top garda management had his complete confidence.

Mr Justice Frederick Morris made no secret of the fact that he believes powers under the Offences Against the State Act should be withdrawn from the gardaí and given to an independent judge. Under this act, a garda superintendent can issue a warrant where he believes that evidence can be uncovered relating to an offence committed under the act, concerning firearms and explosives.

The Morris Tribunal heard that a shotgun and device were planted to facilitate unlawful arrests, and therefore suggested that such a power should be removed from the gardaí. The minister totally disagrees and said he was considering vesting the power in garda officers more senior than superintendent.

Yet, although he maintains he is committed to reform of the gardaí, and acknowledges the Morris findings, he is deaf to changing this measure about which the tribunal expressed deep disquiet. What the minister should realise is that public confidence in the force is suffering a major deficit.

Fundamental and very real changes in structures, especially disciplinary ones, are needed so that people can have faith in a system which can actually take swift action against a member when it is warranted.

The contrary was found by the exceptionally disturbing exposures of the tribunal, and if people cannot trust their police force, then the consequences for society do not bear to be contemplated.