Article from Labour Comment:—February 2004 Dublin/Monaghan Bombings Dublin/Monaghan
Public Inquiry?By going ahead with a judicial public inquiry, the Irish Government will not only fulfil a national duty to its own citizens, it will provide credibility to Judge Peter Cory and his own quest for sworn public hearings into the Finucane, Hamill, Nelson, and Wright killings. Such action must further compel the British Government to at last admit in a frank and open way to its awful years of maladministration, neglect and sectarian rule of Northern Ireland.
That would be the correct course for the Dail to take, but don't hold your breath—"I can see their holy patience : but where is their holy anger?" There is even less 'anger' in the media. The Independent Group of Sir Tony O'Reilly is completely opposed to such a course? The Irish Times is not sure—the Times is never sure, especially when an issue of national interest is at stake.
On the demand for a full Public Inquiry, the editorial of the Irish Examiner (11.12.2003) was in full accord. "Such an inquiry is their entitlement, and, undoubtedly, the Government will face strong calls for one from the opposition." Like hell they will! The calls so far from the Opposition are faint indeed!
Labour TD, Mr. Joe Costello said: "The 1973 Fine Gael/Labour coalition must be criticised for its 'utter failure' to ensure that the bombings were properly investigated by the Garda 'in the manner that they merited'" (Irish Times, 11.12.2003).
Joe Costello himself serves on the Joint Committee and would undoubtedly favour a Public Inquiry—I doubt that his party leadership would be so convinced of the necessity of such an inquiry.
The Fine Gael leader, Mr. Enda Kenny, issued only a holding statement pending detailed study of the investigation carried out by Mr. Justice Barron. So far as we know, Fine Gael are still pending, just like Paddy Cooney, 30 years ago!
Sinn Fein Cavan/Monaghan TD, Caoimhghin O Caolain described the findings—
"as an indictment of successive Irish and British governments.
"The British thwarted any proper investigation of the bombings. They failed to co-operate properly with Justice Barron.
"The investigation pointed to the involvement of agents of the British armed forces in the bombings.
"Equally serious is the report's scathing criticism of the role of the authorities in this State. The Garda investigation was totally inadequate, and was compromised by the close links between the Garda and elements of British intelligence, including British agents within the Garda.
"Successive governments were content to preside over a conspiracy of silence on all of this. It is appalling that when evidence was shown to the Irish government that the British knew the identity of the bombers, they showed little interest."
Green Party leader, Mr. Trevor Sargent expressed 'shock' at the findings—
"which indicate a distinct lack of concern on the part of the government at the time following the worst atrocity in the history of the State.
"On top of the government's lack of interest, the investigation was thwarted by the reliance on British forensic laboratory facilities. Given that British authorities are strongly suspected of collusion in these appalling crimes, it only adds to these suspicions that the British failed to fully co-operate with the Barron investigation.
"Despite the passage of 30 years, he said the State should use its current forensic laboratory facilities to examine any material held since the bombings." (ibid).
The SDLP leader, Mr. Mark Durkan, backed the families' call for a full public inquiry into the bombings and accused the British government of failing to properly assist the inquiry. He said Mr. Justice Barron found it likely that individual members of the UDR and RUC assisted in the slaughter and it was also clear that on both sides of the Border there was a failure to investigate the case.
"And the stakes could not have been higher. Not only did key loyalists kill that day but, because they were not brought to justice, they were able to kill and kill again in the decades that followed without real fear of prosecution," said Mr. Durkan.
"What we don't know is whether the British government or the secret services were involved. Judge Barron was unable to uncover evidence that they were but that is hardly surprising when the British government refused to provide him with all the intelligence material that he asked for. Their failure to do so will only increase suspicions of secret service involvement," he added.
"The families had rightly called for a full public judicial inquiry into the bombings, he added and the SDLP back their call."
"Private inquiries—North or South—are never sufficient to find the truth for the families of those killed, but for a public inquiry into the 1974 bombing to get to the full truth, the British government must face up to the massive duty on it to co-operate fully.
"With the Stevens, Barron and Cory reports, the truth is being uncovered about some of the darkest days of the Troubles and the worst acts of the state or its agents," Mr. Durkan said. (Irish Times, 11.12.2003).
Is this the same SDLP that took a hammering in the recent Assembly elections? Is it the voice of political frustration reflecting that it was sold short by Dublin and London? If it is, the SDLP might start falling back on whatever limited resources it possesses, for it can apply the same objectivity to other issues in the manner in which it had adjudicated on the Barron Report, it future might not be so uncertain!
"Last Friday, the Government ruled out both a tribunal of inquiry and compensation for victims' families.
"The Government fears a tribunal because of the huge costs involved and because most of the main figures are dead.
"They are worried it could turn into another Saville Inquiry, which is still probing the deaths of 13 civilians shot by the British Army in Derry which has so far cost the British Government 207 million Euros." (News of the World, 14.12.2003).
The News Of The World is the authentic voice of Ahern's Fianna Fail these days—ignore it at your political peril!
The Sub-Committee On The Barron Report
The following advertisement appeared in the daily newspapers in Dublin during December, 2003:
"…the Joint Committee also decided to establish a Sub-Committee to be called the Sub-Committee on the Barron Report to report back to the Joint Committee… As part of its consideration of the Report, the Sub-Committee intends to hold a series of hearings, starting on Tuesday, 20 January, 2004, which various interested parties and bodies and some of those persons referred to in the report will be invited to attend. In order to assist the Sub-Committee in the hearing process, submissions relevant to its terms of reference are invited from interested parties and bodies and from members of the general public… Submissions should be made in writing."
The closing date for written submissions was 9th January 2004.
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"The Republic of Ireland learned some painful security lessons under the National Coalition, but none as painful as the events of May 17, 1974… Initially, Cosgrave responded with a proposal for an auxiliary force of reserve security personnel in every city and town in Ireland, to offer protection against car-bombers. The idea was not pursued. But it was indicative of the underlying law-and-order approach which became a dominant factor of the National Coalition, and a form of substitute policy for Northern Ireland initiative." (Bruce Arnold, What Kind of Country, Jonathan Cape, 1984).
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Dublin Bombs
The Barron report gives a detailed, previously published, list of 15 UVF bomb attacks in the Republic before May, 1974, including:
* December 1, 1972: As Dail debates the Offences Against the State (Amendment) Bill, two are killed and 127 injured by two explosions in Dublin. Fine Gael drops opposition to the Bill, which passes (69 votes to 22, Fine Gael abstaining) on 3rd December; act enables a Garda Superintendent in the Republic to secure a conviction by swearing that he believes an accused to be a member of the IRA. Paddy Cooney, a future Fine Gael Justice Minister, saying it was a Bill "the like of which can only be found on the statute books of South Africa".
"Had the bombs not gone off Lynch would have called a snap election and Cosgrave would almost certainly have been promptly dethroned as leader of Fine Gael, so great was the antipathy to the measure not alone in his own party but throughout the country. At one stage in the debate, the Dail was in a virtual state of siege, and as the stage was debated thousands of troops and gardai ringed the Dail to keep back the huge crowds of demonstrators" (Tim Pat Coogan, Disillusioned Decades, Gill & Macmillan, 1987).
* 20th January 1973: A car-bomb explosion in Sackville Place, Dublin, kills a 25-year-old bus conductor and injures 13 other people.
* 20th December 1973: 13 letter bombs bearing British and Northern Ireland postmarks are discovered in Dublin (all safely detonated by Army).
* 17th May 1974: Dublin/Monaghan Bombings, 33 dead.
* 29th November 29 1975: One killed and five injured in explosions at Dublin airport for which U.D.A. claim responsibility.
* 3rd July 1976: Bomb explosions in Dublin, Killarney, Dublin and Rosslare, for which responsibility is claimed by Ulster Freedom Fighters.
Paddy Cooney
The points to which the former Ministers of the National Coalition (FG/Labour) have most strongly objected include the suggestion that the Government of the day did not show sufficient concern about or interest in the bombings; failed to give gardai information it had received politically; did not give political assistance to the investigation and may have intervened to have it ended prematurely.
According to Paddy Cooney, the Justice Minister in 1974, the key personnel from the Department of Justice and the Garda were now regrettably dead. "This points up the futility of trying to inquire into events of so long ago."
Mr. Cooney concluded with a general criticism. "This report should be regarded with circumspection for much of its reasoning is opaque and it relies excessively on hypotheses, as it is forced to because its subject happened so long ago" (Irish Times, 22.12.2003).
Garret FitzGerald adopts the same attitude: "…it would have been better to have launched much sooner an inquiry of the kind Mr. Justice Barron has now undertaken. All who subsequently held political office, myself included, must bear some of the blame for the fact that this did not happen" (Irish Times, 20.12.2003).
Muiris Mac Conghail
The former 1973 Coalition Government Press Secretary, Mr. Muiris MacConghail, has come out strongly in dispute of the conclusions arrived at by Mr. Justice Henry Barron and that a more robust defence of their actions was not made by the former Coalition ministers in defence of their government at the time of the Dublin/Monaghan Bombings.
"Noting that he was a friend of Dr. FitzGerald, Mr. McConghail said: 'I'm surprised that the then government didn't take the opportunity to make a robust defence of itself, particularly Dr. FitzGerald" (Irish Times, 15.12.2003).
"He said any suggestion that the then government has 'kow-towed' to the British authorities was wrong. He noted that the Fine Gael-Labour coalition had negotiated the Sunningdale power-sharing agreement with the Tory government led by Mr. Ted Heath and was determined to defend it after the Labour government led by Mr. Harold Wilson came to power."
"Mr. MacConghail said the judge did not show a knowledge of the political context in which the events occurred. The Labour government had an 'ambiguous attitude' to the pact, which collapsed after the strike, because 'it wasn't a child they had given birth to.'".
"They were so taken with the use of the word strike. Being a Labour government they presumably meant not to break them. It was pointed out to them that the Labour part of the [Irish] government were familiar with the word 'strike' in the democratic use of that weapon and pointed out that this was not a strike but a coup d'etat."
"The British intelligence community was out of control at the time. Some of them were so paranoid that they actually believed that Prime Minister Harold Wilson was a Soviet spy, and they were conspiring to bring him down" (Ryle Dwyer, Irish Examiner, 13.12.2003).
Gerry Fitt, the former MP for West Belfast, and now Baron Fitt of Bell's Field, blamed the British miners for the downfall of the Sunningdale Agreement, their actions eclipsing the political future of Ted Heath. Muiris would surely agree with the Fitt analysis and must have taken great satisfaction in 1979 when Baron Fitt brought down the Labour government and cleared the stage for Mrs. Thatcher! Now they are both rubbing shoulders in the House of Lords!
Despite Mr. MacConghail's Dublin Four rantings, the British Labour Government were under no illusions about the democratic nature or otherwise, of the Ulster Workers' Council, and was in daily 'collusion' with the TUC and probably the ICTU to a lesser extent, as to how the Strike might be smashed. Mr. MacConghail might have been prepared to do a 'Churchill' but whatever about his shortcomings, Wilson was not prepared to take responsibility for the slaughter of hundreds of Belfast workers by the British Army.
Muiris MacConghail was hardly oblivious to the real canker in the Sunningdale Agreement for the Unionists : the Council of Ireland, his mentors FitzGerald and Cruise-O'Brien were acutely conscious of the risks posed by that aspect of Sunningdale. It would be incredible if their Chief Press Officer was not aware also!
Senator Billy Fox
The Sunday Independent, which is opposed to a full judicial inquiry, called on readers to view Judge Barron's accusations of inadequacy in the investigation in the context of the fact that, after the Dublin/Monaghan Bombings, the Garda's main criminal investigators and most of the senior officers of the Cavan/Monaghan division were tied up in the Fox murder trial.
"The Government in Dublin and the Garda Siochana were also most concerned with the perceived threat by the Provisional IRA to overthrow the State" (Sunday Independent, 14.12.2003).
"The assassination of Senator Billy Fox and the escape of the Littlejohn brothers from Mountjoy prison, one of whom was recaptured, events that occurred within hours of each other on Monday night, have left the Taoiseach and his ministers very disturbed about the whole security system of the State" (Cork Examiner, 13.3.1974).
The Littlejohn brothers were self-confessed British spies and gangsters, Kenneth who made good his escape was the more important of the two. "Speculation in the capital last night that the escape was master-minded from the outside possibly by the British Government, though such an admission even if true, is never likely to be made" (ibid.).
Two months before the Dublin/Monaghan Bombings, Fine Gael Senator Billy Fox was shot at his girl-friend's home near Clones, Co. Monaghan. Fox was the most prominent Protestant member of the Oireachtas. The slaying of Senator Fox was the first such death of an Oireachtas member since Kevin O'Higgins was shot in 1927.
"The Government successfully directed the full weight of the Garda Technical Bureau (the old Murder Squad) to detect Senator Fox's killers, obtaining convictions against four Provisional IRA members during a prolonged trial in the Special Criminal Court which started right after the Dublin and Monaghan bombings" (Sunday Independent, 14.12.2003).
Five men faced trial for the murder of Senator Fox on Monday, 20th May 1974, three days after the Dublin/Monaghan Bombings.
On Friday, 6th June 1974, the five men were sentenced for life in the Special Criminal Court, Dublin.
"On 11 March, 1974, Senator Billy Fox inadvertently arrived on the scene of an arms raid in County Monaghan and was shot dead by one of the raiding party. During the raid, the house, belonging to Mr. Richard Coulson, and a mobile home belonging to his son, Geroge were burned down. The raiding party, members of the Official IRA, were apparently acting on the mistaken belief that there were arms in the Coulson house" (Tim Pat Coogan, Disillusioned Decades, Gill & Macmillan, 1987).
"Billy Fox (FG). Born 1939. Educated at Victor Weymount Grammer School, Carrickmacross, Co. Monaghan. A member of the Fine Gael Youth Group in the mid-sixties and a radical member of the party. Sympathetic to Republicanism. Elected for only one term from 1969 to 1973, when Fine Gael for the only time ever had two TDs for the Monaghan constituency. Was murdered on March 11, 1974, at a farmhouse near the border by members of the Provisional IRA, when he happened on an arms dump by accident. He had been elected to the Senate in March of that year" (First "Magill Book of Irish Politics" 1981).
'Mainland Britain'
A former senior army intelligence officer who was interviewed by Judge Henry Barron about the Dublin/Monaghan Bombings, claims that his report mis-attributes evidence to him.
Lt. Col. John Morgan told the Sunday Business Post that the report wrongly accords evidence to him and that no attempts were made to confirm statements with him prior to publication. This is despite a contention in the report that all interviewees were approached for confirmation.
Morgan alleges that the Barron report is riddled with inaccuracies and questionable terminology. He noted that the report refers to "mainland Britain" twice and pointed out that this was constitutionally inaccurate.
"For a report commissioned by, and submitted to, a sovereign government it contains subservient and constitutionally incorrect language" said Morgan (Sunday Business Post, 11.1.2004).
"This is all the more incomprehensible coming from a former Judge of the Supreme Court" (ibid.).
Liam Campbell
On Friday, 19th December 2003, the Court of Criminal Appeal overturned the conviction and a five, year sentence of a Co. Louth man against his conviction for membership of the 'Real IRA'. A retrial was ordered.
"In October, 2001, Mr. Liam Campbell, (39), a father of two, of Upper Faughart, Dundalk, Co. Louth, became the first member of the 'Real IRA' to be convicted, under the 1939 Offences Against the State Act" (Irish Times, 20.12.2003).
It would be up to the DPP to decide whether there would be a retrial or not.
There is little doubt that the abominable convictions imposed on both Colm Murphy and Michael McKevitt in similar courts will be overturned in like fashion—it is a reflection of how rotten and politically influenced justice is meted out in the State which now presides over the European Union. But then maybe it better reflects how superficial the whole 'European concept' has now become!
Judge Peter Cory From Canada
Retired Canadian Supreme Court judge, Peter Cory, was commissioned by the Irish and British governments in May 2002 to investigate six killings allegedly linked to secret intelligence agency collusion. Cory has a team of retired British and Irish detectives who have been working six days a week since June, 2002 on the six cases, keeping in close contact with the families involved. Cory reckons it's the hardest he's ever worked in his life.
Cory is said to be an extremely shrewd, canny, politically-astute character who values his integrity and independence and has done a thorough job.
"On arriving in London, he set up shop in a secure suite of offices at his country's High Commission in London. He then recruited Canadian lawyers, Renee Pomerance and James Reilly, as assistants, in preference to the kindly offer of personnel from the Lord Chancellor's office. Finally, he gave the bum's rush to a group of British 'officials' with intelligence expertise who had been banded together by Whitehall in the appropriately titled Collusion Investigation Team to ensure he reached the right conclusions. In dispensing with their services, Judge Cory wrote that no reflection on the individuals concerned was intended" (Phoenix, 5.12.2003).
The six cases were selected after the SDLP insisted on inquiries into the Finucane, Nelson and Hamill cases before they would endorse the new policing arrangements in the Six Counties.
When the British Government proposed asking a judge to review the evidence in all three cases, before deciding whether such inquiries were justified, the UUP "went ballistic" said one observer.
They were then invited to submit cases where they were concerned about alleged IRA/Garda collusion and came up with Gibson and Breen/Buchanan cases.
Only two incidents involved accusations about complicity in the Republic—the Border ambush of Lord Justice Maurice Gibson and his wife, assassinated in a 1987 IRA radio-bomb, and those of Chief Supt. Harry Breen and Det. Supt. Robert Buchanan. The Cory report on the Gibson killings is a classic of judicial investigation. It convincingly refutes claims that the IRA had assistance from any Garda member in targeting the couple on the grounds that the Gibsons extensively revealed their travel plans.
"In December, 2003, the Irish Government accepted Judge Cory's recommendation for an independent inquiry into the IRA murders of two senior RUC officers, Chief Supt Harry Breen and Supt. Robert Buchanan, close to the Border in 1989" (Irish Times, 13.1.2004).
In the Breen-Buchanan case, however, Cory recommends a tribunal of inquiry. He said he had seen "evidence that, if accepted, could be found to constitute collusion". Cory acknowledges that this evidence was given by Newry informer and self-publicist, Peter Keeley (aka Kevin Fulton, dubbed The Masked Spook by the Northern media).
Cory has gone over the head of the British government to inform the families of Pat Finucane, Rosemary Nelson, Robert Hamill and Billy Wright that he has recommended independent inquiries into their killings.
British officials had contacted Judge Cory to inform him that he would be in breach of his agreement if he attempted to contact the families to tell them his recommendations.
The move angered Cory who felt the British had placed him and the victim's families in an intolerable position.
Cory informed the families that he urged the British Government to hold inquiries into the killings of Finucane, Nelson, Hamill and Billy Wright.
The British Government has cited a series of legal reasons for not publishing the report into the killings. "The Prime Minister has made it clear that we will publish the reports as soon as the legal position is complete", said a British spokesman last night.
Cory has told the families that he was motivated in his actions primarily by reasons of humanity and fairness to the families.
"I got a call from Judge Cory out of the blue about 3.30 p.m.," said Mr. Michael Finucane, son of the murdered Belfast solicitor, and, now a solicitor himself in Dublin. "He said he had informed the Northern Ireland Office that he was going to make the families aware of the bottom line in his report because he felt it was the humane thing to do."
"Judge Cory told the families of his recommendations but did not go into the details of his report. Mr. Michael Finucane said the British government's stance on the report indicated that he could have little faith that it would order an independent and impartial inquiry—the British had made a commitment to abide by the judge's recommendations.
"I don't think the concepts of independence and impartiality are compatible with how the British government does its business," said Mr. Michael Finucane.
"I think the fact that Judge Cory felt compelled to contact us shows up the British government as being, as the very least, guilty of bad faith and, at worst, duplicity and lies," he added.
"Mr. Finucane described Judge Cory as a man of 'unquestionable integrity'. But Mr. Finucane said he was concerned that if an inquiry were called the British government would attempt to restrict its remit" (Irish Times, 13.1.2004).
The Finucane family have begun legal proceedings in Belfast in an effort to compel the British Government to publish Judge Cory's reports. The family want a full judicial inquiry. Any inquiry that could not compel witnesses, could not order the disclosure of top-secret documents and have penalties for perjury or refusal to comply would not be worth co-operating with, the Finucane family argue.
Last November, the Northern Secretary, Mr. Paul Murphy, said he hoped the reports would be published before the end of 2003.
London has been citing issues of national security and the protection of people named in the report for the delay. The Dublin government believes the main issue here is Judge Cory's findings in relation to the UDA murder of Pat Finucane.
Dublin suspects that Judge Cory's findings on Mr. Finucane's murder could be quite explicit and provide more detailed and damaging evidence of alleged British collusion with loyalists in the killing.
'Blair Has To Deal'
The President of Sinn Fein, Gerry Adams accused the British government of seeking to find excuses to prevent publication of the reports, and said the British Prime Minister, Mr. Tony Blair, must personally address the issue. "There was a policy and administrative practice of collusion between British agencies and agents with unionist paramilitaries. That obviously is a huge thing for a British government to deal with. But Mr. Blair has to deal with this issue". concluded Mr. Adams.
"The SDLP is writing to the US administration, to leading US senators and congressmen and to the United Nations urging that they use their influence to force Tony Blair to live up to his word. He cannot be allowed to bury the truth," said SDLP leader Mark Durkan.
Royal Garda Siochana
The Government passed the Garda Siochana (Police Co-Operation) Bill 2003 during the Autumn, allowing exchanges of personnel between the Gardai and the Police Service of Northern Ireland as part of a major cross-Border police co-operation programme.
The British Government had already introduced legislation to facilitate the implementation of the proposals that emerged from the Patten Report.
The Garda Siochana (Police Co-Operation) Bill 2003 is designed to provide legislative basis for the lateral movement and secondment of personnel with full policing powers.
Under the terms of an agreement between the two Governments, Gardai and PSNI members will be able to swap posts for a maximum of three years.
Officers at the rank of Superintendent and Chief Superintendent will also be eligible to compete for posts in the other police force.
The Gardai will have no difficulties in taking part in joint training or exchange programmes. Joint conferences on policing issues have already been held under the auspices of the FBI at its academy in Quantico, Virginia, and subsequently at the Garda College in Templemore, Co. Tipperary and the PSNI training college at Garnerville, Belfast.
The training of more than 70 then RUC officers in Templemore, Co. Tipperary for United Nations peace observation duties in Kosovo also heralded a new era in inter-force relations.
The improvement in operational relations between the two forces was dramatically underlined by the joint investigations into the Omagh bomb atrocity and boy, was that not a successful joint operation?
All that is left now, is for the two armies to bring in an Army Co-Operation Bill and the Brits will be back in Kilmichael. This Bill went through a so-called Irish Parliament without a twitter!
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"They have remained unchanged since 1922. Indeed, it can be argued that they have not changed since the establishment of the Irish Constabulary—later the Royal Irish Constabulary—The constitutional model is scarcely different from when the Inspector General of the RIC reported upwards through the Chief Secretary to the government of the (then) United Kingdom." (Conor Brady, ex-Editor, Irish Times, 14.1.2004).
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LEGISLATION to create a Garda Inspectorate/Ombudsman will be published this month. The new three-strong body will be able to investigate allegations of poor conduct, corruption or other charges against the gardai.
A hue and cry has gone up in Dublin media circles after an RTE1 programme, Prime Time, made allegations of corruption, perjury and disciplinary breaches by the Garda Siochana.
What's new, you might ask! The problem with many of the would-be reformers is that for years some of the most draconian and repressive legislation that ever existed, Offences Against the State Act, etc. has been perpetrated mainly against Irish Republicans and the Dublin liberals and reformers never said boo! Had a substantial and serious Socialist or working-class movement existed in Dublin, rest assured that the same legislation would have been applied might and main. We saw it during the Housing Action protests in the late 60s and early 70s.
Prime Time has given encouragement to those seeking a new Garda Inspectorate/Ombudsman, most of whom desire a body based on the Northern model of Nuala O'Loan or indeed, the British Independent Police Complaints Commission (IPCC). In fact, the head of the current Garda Complaints Board (GCB) made a visit to the IPCC last month.
The present writer is perplexed with the make-up of the new British IPCC. Under legislation, the 18 Commissioners of the IPCC must never have worked for the police. This is New Labour political correctness gone berserk. Akin to setting up a fishing inspectorate with no fishermen on board. Even McDowell, the Dublin Justice Minister would have more cop-on than his British counterparts in that regard.
"An astounding shortcoming has been uncovered in legislation to empower the new Inspectorate/Ombudsman.
"If they want to raid a garda station for evidence, watchdogs will have to warn gardai 48 hours in advance.
"Northern Ireland Ombudsman Nuala O'Loan could barely speak through the smirks, when she heard that. Her officers work to the 'Golden Hour' rule of evidence seizure, not the 48 hour rule" (Evening Herald, 9.1.2004).
However, the Chairman of the current Garda Complaints board, Mr. Gordon Holmes stated that public confidence in the Gardai was at, or near, an all time low. While the majority of gardai were 'first-class', the public perception was that officers who behaved less than honourable were not being adequately investigated and punished.
Referring to the proposed Garda Inspectorate/Ombudsman, Mr. Holmes said this may not be in place for a number of years despite the fact that relevant legislation is about to come before the Dail.
"We have a situation in the UK where legislation on a new independent complaints body was passed last July 12 months, yet it doesn't begin operation until April, 2004," he said, adding that the Government's decentralisation plans will see the Garda Inspectorate, or Ombudsman moved to Portarlington, Co. Laois" (Irish Times, 9.1.2004).
Nearly 5,000 claims for injuries by the Garda Siochana have been made over the last decade, with the State paying out over 70 million Euros; the average payout per claimant in recent years is around 60,000 Euros.
Since 1996, a total of 26 members of the force have been constructively dismissed.
And between January, 2000 and December, 2002, there were 567 cases of internal discipline investigated while 11 gardai were either sacked or forced to resign and 105 gardai were brought before the courts on criminal charges.
The level of complaints against members of An Garda Siochana fell to a near 10-year low last year. The Garda Siochana Complaints Board received 1,174 complaints compared with 1,405 in 2002, a record year. The level of complaints in 2003 was the lowest since 1995.
But wait for it: "The enormous number of rejections (1,998 of 2,000 recent complaints) is used by the force to deny wrongdoing." (Evening Herald, 9.1.2004).
And whilst we're on the question of reform—where does the European dimension fit into all this? All reform and deregulation in Leinster House appears to be confined to the 'AngloAmer' template!
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