Measures aimed at increasing accountability within An Garda Síochána are likely to be challenged by the Garda Representative Association (GRA) and the Association of Garda Sergeants and Inspectors (Agsi) on the ground their members' constitutional rights are being undermined.
Garda headquarters yesterday published a 44-page document in which it detailed the reforms currently taking place within the force in response to the first interim report of Mr Justice Frederick Morris, published last July.
The measures represent a radical overhaul of training and promotion practices for all ranks, as well as strict new rules governing the handling of informants.
Reforms dealing with internal discipline are so extensive, that it is proposed to revoke the current disciplinary code and introduce a completely new one.
Among the reforms is a plan to withdraw from members of the force the right to silence during the course of internal disciplinary investigations.
The GRA said last night this represented an attack on the constitutional rights of its members. "The GRA has no issue with gardaí being accountable for their actions while on duty," a spokesman said.
"However, when it comes to alleged criminal behaviour we do have issues. Members should have the same rights as those afforded to all members of society."
It objected to any diminution to the constitutional rights of its members. Any attempt to amend legislation would be open to legal challenge.
Agsi wants assurances from Garda management that any statements volunteered during an investigation would not be used during a subsequent criminal investigation. Even if these assurances were given it is likely Agsi will fight the proposals, which require legislative changes.
The document published yesterday by An Garda Síochána noted the proposal "will be controversial. It will be necessary to obtain legal advice prior to any amendment."
The issue of total compliance by all gardaí with an internal investigation was identified by Mr Justice Morris as being of paramount importance. In his first interim report, he said it would be unjustifiable for any members of the force under investigation to refuse to account to their superiors for their actions or inactions in the course of their duties. He said such a breach of discipline should be met with suspension or dismissal.
Garda Commissioner Noel Conroy said yesterday he "regrets" policy and procedures were not followed or adhered to in the investigation into the death of Richie Barron in Raphoe, Co Donegal, in 1996.
Mr Conroy said he was also concerned at the manner in which his views on the standard of the Garda investigation into Mr Barron's death were being portrayed in the media.
This concern centred on the appearance in the media of sections of a submission recently made to the Morris tribunal by lawyers representing the commissioner and other officers of An Garda Síochána.
The sections referred to the investigation into the Barron death. "The commissioner wishes to point out that this aspect of the submission reflects the views of the officers of An Garda Síochána involved in the investigation at the time and who are represented by the same counsel," a Garda statement said yesterday.
Leaks of the submission have been published claiming Mr Conroy was defending the Barron investigation.
Supt Kevin Donohoe of the Garda Press Office said some journalists had "hung their hats" on a small section of the submission without viewing the entire document.
