The changing of the guard

Garda Commissioner Pat Byrne, due to retire in July, believes the force has succeeded in dealing with serious crime, he tells…

Garda Commissioner Pat Byrne, due to retire in July, believes the force has succeeded in dealing with serious crime, he tells Carol Coulter, Legal Affairs Correspondent.

Abbeylara, allegations of corruption against gardaí in Donegal, the violent scenes at the Reclaim the Streets march last May, followed by the unprecedented criticism of the attitude of members of the force by the Garda Complaints Board: these are only a few of the negative headlines the Garda Síochána has attracted in the recent past. Yet Garda Commissioner Pat Byrne is confident that the successes of his seven-year term of office have outweighed the failures, and that the problems are under control.

In an interview this week, he rejects suggestions that law and order is breaking down in Limerick. "It comes down to particular families and interaction between them over the years. It would be a complete exaggeration to say that law and order has been breaking down."

He says not only the Garda but the community too has been working very hard in Limerick, supported by public representatives. "It is difficult. That's obvious when you see the number of homicides and serious assaults, but the investigation of these crimes has been very successful. It is wrong to say because of the high-profile incidents that you would be less safe in Limerick than anywhere else."

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When Byrne started as Commissioner in 1996, it was "a very volatile time", he says. "Veronica Guerin and Jerry McCabe had been murdered. The two issues at the time were terrorist-related crime and serious crime.

"In relation to serious crime, we dealt with the challenges we faced. We broke up the structures. But I am not complacent. There are other people to fill that vacuum. We'll never eliminate serious crime. But we must ensure we never reach again a situation where they feel they can get away with it."

How did a situation arise where serious criminals thought they could get away with it in the first place? "For 30 years we focused on terrorist-related crime. That was our top priority and several hundred gardaí were involved on a daily basis. Serious crime crept up on us."

One of the main sources of negative publicity surrounding the Garda Síochána has been the continuing controversy about certain members of the force in Donegal. Byrne says that "of course" he was very disappointed about the allegations made there. But he points out that he set up the Carthy inquiry into those allegations, and he is pleased that this inquiry was praised in the Morris tribunal's opening statement. He is also very pleased that the Morris tribunal is now examining all the issues raised.

But the Garda Síochána is seeking privilege in relation to certain documents sought by that tribunal. Might that not delay its work?

"It is in our interests that there is full cooperation with the Morris tribunal. But we are a security force as well as a police force. There are security issues there. There are aspects of this that we're working through with the legal teams."

Members of the force have also been faced with criticisms from members of the judiciary, who have found the evidence of certain gardaí incredible. The Commissioner agrees that this undermines the general credibility of Garda witnesses and could lead to juries not convicting on Garda evidence.

When a judge criticises Garda evidence as incredible, there is usually an internal Garda inquiry, but the outcome is not made public. Would publication not enhance public confidence?

"At times you can carry out an investigation into something and you can't get to the bottom of it. It can be very annoying. Most times you are successful, but sometimes you are not. I would say that at times we're harder on ourselves than we are on anyone else. But I agree that that does not address the perception.

"We investigate nearly 2,000 serious crimes a week. Are there incidents? Yes, but it's a tiny number compared with the overall number of crimes. Other police forces have similar problems." He believes that the way forward in getting these matters into the public arena now lies with the proposed Garda Inspectorate. Referring to a long-standing issue surrounding the questioning of suspects, Byrne points out that there are video-recording facilities now in more than 200 Garda stations.

Another technological innovation has been the PULSE Garda computer system. A long time coming and the source of a bitter industrial dispute when introduced, this very expensive system is now up and running, and will lead to an improvement in Garda statistics, according to the Commissioner. But he acknowledges that these statistics are not perfect.

"I'd be very careful with statistics. I stand back from them. At the end of the day we're recording crime, and it allows us to prioritise resources. The National Crime Council is working on the whole issue of statistics and I welcome that."

The founding principle of the Garda Síochána is that of policing with consent, and Byrne reaffirms his total commitment to that principle. He is gratified by the fact that people regularly seek more members of the force in their areas, pointing out that in many countries police would not be so welcome.

However, the Public Attitude Survey conducted recently by the force showed that in some areas a significant minority of people had a negative attitude towards the Garda Síochána. This was also the case among people who had reported crimes to the gardaí, suggesting that negative attitudes increased with the level of contact.

"Traditionally we were all things to all men at all times," he comments. "Society has changed and policing has changed. We are very fortunate in this country that we have the support of the vast majority of people. It's a partnership approach, and I fully support that.

"In the Public Attitude Survey a high percentage were satisfied or very satisfied. But in some aspects we did not fare so well. Victims of crime were not being adequately informed. We identified areas of weakness and we have grasped that nettle."

The Reclaim the Streets demonstration last May, and particularly the video footage of it, shocked many people and raised questions about police tactics in relation to street demonstrations. "When I saw that footage I was very concerned as well," Byrne responds, adding that he cannot comment further for legal reasons. "There are a number of people before the courts, and we should let the facts come out in court."

Similarly, he feels he cannot discuss the Emergency Response Unit and the shooting of John Carthy at Abbeylara. But he stresses that the ERU receives high quality training with international police forces.

The internal Garda inquiry into that event was leaked to the media, and details of investigations have also been leaked before cases have come to trial. Does he fear that one day this may compromise a prosecution?

"I deplore all leaks in relation to people that might be coming before the courts. But often it is not from the Garda Síochána at all. We've carried out investigations into leaks in the past. But journalists will say they have no intention of saying where their information came from."

Asked how he views his term of office, and about his plans for the future, he says: "The time flew. I enjoyed every single day coming into work. I have made no plans for the future."

His greatest disappointment about his term of office has been the total lack of progress on the investigation into a number of women who went missing over the past decade or so. "We never found any of them or their bodies. We pursued every lead that could possibly be pursued. We contacted agencies around the world. It's very strange. If they are dead, why hasn't somebody found the bodies? There's an answer somewhere."

Pressed about whether he would like to stay on, Byrne, who is 58 this year, replies: "The term is a matter for the Government." Later his spokesman clarifies that the Commissioner has made no representations to anybody about this.