After the Morris report, rebuilding public trust in the Garda will take a long time, but some of the judge's recommendations are unacceptable, writes P J Stone
The findings and recommendations of the recent Morris tribunal report cut deeply into the ethos of an Garda Síochána.
It is apparent that good police practice was not followed in Donegal. It has without doubt made us all re-examine the issues alluded to and how they affect us as police officers and our place in the communities we serve.
There is a long process ahead of rebuilding public trust and confidence in an Garda Síochána that will require better leadership from all its stakeholders.
The calls coming into our office from the public are indicating concern and annoyance at what is being revealed, but they also express support. Crucially, and to their eternal credit, the Irish public have to be commended for their maturity in these matters; they do not buy into the orgy of Garda bashing that some sections of the media have engaged in.
If this kind of public annihilation of the force continues, with outlandish generalisations being made about all gardaí, then they will struggle to function within the communities they serve, which I'm sure is not the intended outcome anyone seeks from this process.
It is acknowledged that a small number of people have sullied the good name of the force but these people have also to be dealt with according to due process and constitutionally afforded the right of every other citizen to account for their actions.
There are recommendations in this second Morris report which, if the Garda Representative Association (GRA) were to accept it in its entirety, would have the gravest consequences for our ability to represent our members.
Mr Justice Morris has called for full and immediate accountability to be instigated in the Garda and the GRA has no difficulty with this. If any of our members don't account for themselves, then they have to understand the sanctions for that are great.
Accountability frameworks exist in all modern police forces and Ireland should be no different providing that similar to every other jurisdiction, our members are allowed to exercise their constitutional rights if they do find themselves the subject of a criminal investigation for an incident that happened while on duty.
This is not just a belief of the GRA but in decisions handed down by our superior courts. There are High Court decisions on cases where gardaí who gave an account of their actions, were subsequently dismissed. The court held that unless they were advised of the consequences of that admission, they should not have been asked to give that account unless advised of its consequences. If the consequences of a garda giving a report could be subsequent dismissal then they must have the right to take advice and have time to reflect before doing so.
In the Donegal case people followed legal advice which we now know did not serve their best interests. But can you condemn people for that outright? If they believed the advice was to follow a certain course and they were to ignore this, they would be accused of flying in the face of that advice.
If gardaí had proper industrial relations structures and felt comfortable in their working environment about dealing with issues as outlined in the Morris report and had trust in the management system, the case in Donegal may never have happened.
It is increasingly clear to the association, however, that while the continued focus remains on disciplinary issues, very little is done to address the substantial institutional malaise that exists within the Garda and has allowed the fostering of poor morale, resentment and situations as we've witnessed in Donegal.
There is a fear and concern among our members that the application of disciplinary regulations within the force only applies to them and not to management also.
With very few exceptions, those at garda rank named in the Morris report have been dismissed or otherwise while management rank have retired on full pension.
Last year the Garavan report was published highlighting the appalling conditions in which many gardaí are forced to work yet it was completely ignored by Garda management and the Minister for Justice.
The modernisation of a police force cannot be done purely on disciplinary grounds but on a holistic approach to all issues that contributed to the system failure we witnessed in Donegal.
The way Garda management operates has to change. The reality is Ireland is at a crossroads in relation to policing requirements.
Ireland has had a paradoxical relationship with the law and those enforcing it.
Many people want to see a garda on every street corner yet complain vociferously when that same garda hands them an on-the-spot fine for a road traffic violation or similar misdemeanour. While it is acceptable to charge and convict a joy rider, it is frowned upon when middle Ireland is stopped for breaking the speed limit.
The GRA accepts that An Garda Síochána has difficulties and problems that need to be addressed in relation to public trust and confidence. But we find it difficult to accept those parts of the second Morris report that would seek to diminish the constitutional rights of our members or indeed our right to represent them. We feel some of the recommendations are open to question and the GRA is currently having the second Morris report analysed in the context of how Justice Morris arrived at his conclusions. When we have received this analysis we will be discussing these and the Morris report in detail.
I call on the Minister to explain why under the current Garda Bill, a garda cannot complain about another garda to the proposed ombudsman despite all that Morris has highlighted and should this not be reviewed?
The Minister for Justice now has a responsibility to stop playing to the gallery with his posturing on reforming the Garda and genuinely tackle the problems within the force, not just the disciplinary issues but all issues that impact on gardaí carrying out their duty.
P J Stone is general secretary of the Garda Representative Association