Difference between revisions of "Garda Síochána"

Revision as of 01:36, 16 January 2009

Garda Síochána na hÉireann Irish for "Peace Guard of Ireland", often rendered^[1] as "The Guardians of the Peace of Ireland") is the police force of the Republic of Ireland. The force is headed by the Garda Commissioner who is appointed by the Irish Government. Its headquarters are located in the Phoenix Park in Dublin.

Organisation

Controversy and allegations involving the force

Like most police forces there have been many allegations of discourtesy, harassment, confiscating a person's property but using it for their own purposes, aggressive interrogation techniques, perjury, etc.^[3] While most allegations have not been proven, many out-of-court settlements have been made. A total of 1,173 complaints were made by the public against the Gardaí in 2005.^[4] Some incidents involving an Garda have attracted wide scale attention - such as those which resulted in the Morris and Barr Tribunal's - and have resulted in broad reform initiatives.

The force has also attracted scrutiny in how it deals with existing and prospective members. For example, in 2007, there was some debate when a Sikh recruit was not allowed to wear a turban while on duty.^[5]

Shell to Sea controversy

The Gardaí's handling of the Shell to Sea protests in Erris has attracted criticism for using excessive force.^[6] The use of extrajudicial punishment results from a decision to avoid arresting protesters (for either traffic and public order violations), so as to reduce coverage of the campaign.^[7] The Green Party leader Trevor Sargent condemned the Gardaí's handling of the protest at the time, saying it displayed "...the worst signs of law and order...It is a disgrace for people to be manhandled and beaten in the way that the community has been in that area." ^[8] Scores of complaints of unprovoked assault, trespass, intimidation and property damage have been made by Shell to Sea campaigners to the new Garda Ombudsman, whose team spends days in Mayo interviewing people. This has led to Mayo now having the highest per capita rate of complaints against Gardaí in the State, despite having one of its lowest crime per capita rates. ^[9][10] Garda security for Royal Dutch Shell's operations in Mayo costs the state over €25,000 a day ^[11], leading to it being dubbed the Golden Mile by Gardaí delighted with the overtime opportunities ^[12].

Allegations involving mishandling of cases and complaints

The Kerry Babies case was one of the first public inquiries into mishandling of a Garda investigation. Later in the 1980s, the Ferns Report (an inquiry into allegations of clerical sexual abuse) described as 'wholly inadequate' the handling of one of eight formal complaints made to Wexford gardaí , but noted that the remaining formal complaints were handled in an effective, professional and sensitive manner.^[13]

Other more recent reports (including one released by gay rights organisation Johnny) suggest that people who frequent gay and lesbian establishments feel that the Gardaí are not doing enough to tackle reported homophobic crime in Ireland, and that Gardaí should be sent for training in anti-homophobia and heterosexism.^[14]

Allegations resulting in Tribunals of Inquiry

Main article: Morris Tribunal

In the 1990s and early 2000s An Garda Síochána faced a series of allegations, including suggestions of corrupt and dishonest policing in County Donegal. This became the subject of a judicial inquiry: the Morris Tribunal. The tribunal found that some County Donegal gardaí had invented an Provisional Irish Republican Army (IRA) informer, made bombs and claimed credit for locating them, and attempted to frame Raphoe publican Frank McBrearty Junior for murder — the latter case was recently settled in a €1.5m settlement with the State. In a report to the Minister for Justice, Equality and Law Reform the Morris Tribunal expressed grave concern about "organised insubordination" within the force that "proper discipline has been lost from An Garda Síochána", suggesting that a few mischief-makers have abused their positions within the Garda and used the disciplinary process to damage the force. The tribunal also expressed concern that recruits are brought into an undisciplined culture that has the potential to do great damage to them in the longer term, and warned that a "terrible and costly" waste of talent will occur if the situation continues.

On April 20, 2000, members of the Emergency Response Unit shot dead, from behind, 27-year-old John Carthy at the end of a 25-hour siege as he left his home in Toneymore, Abbeylara, County Longford with a loaded shotgun in his hands. There were allegations made of inappropriate handling of the situation and of the overuse of armed force by the Gardaí; a "shoot to kill" policy. This led to a Garda inquiry, and subsequently, a Tribunal of Inquiry under the Chairmanship of Mr Justice Robert Barr.

This inquiry (into the facts and circumstances surrounding the fatal shooting - in which four bullets were fired; two by Garda McCabe and two by Sgt Jackson) was established on July 1 2002, and the hearing of evidence was completed on December 7 2004. It was expected to report its findings within six months, but publication of its Report was delayed until July 20 2006. The official findings of the Barr Tribunal were that Sgt Michael Jackson made 14 mistakes in his role as negotiator during the siege, and that he failed to make real efforts to achieve resolution during the armed stand-off. It further stated however that Sgt Jackson was limited by lack of experience and resources (psychologists, solicitors, dogs). The tribunal recommended that there be an urgent review of Garda command structures, and that the ERU be equipped with stun guns and other non-lethal options, including "non-compliant firearms support police dogs". (Non-compliant dogs are 'attack' dogs that will bite or bring a person to the ground on command.)

The Barr tribunal further recommended a formal working arrangement between Gardaí and State psychologists, and improvements in Garda training (especially in the context of ERU in siege situations, including those with mental illness as a factor). This included a recommendation that local Garda superintendents undergo refresher training for one week every year as scene commanders and a similar refresher course for ERU officers of the rank of inspector or superintendent. Garda Commissioner Conroy, in a letter to the family of John Carthy, stated that the force was 'truly apologetic' for his death.^[15]

Former Superintendent Joe Shelley, whose failure to interview John Carthy was cited in The Barr Tribunal Report as "extraordinary", and who was also severely criticised in the Report of the Morris Tribunal into the controversial death of Richie Barron, was awarded a top-up bonus of €110,000 when he took early retirement in July 2005. Mr Justice Morris described Shelleys probe as "prejudiced, tendentious, utterly negligent in the highest degree".^[16]

Allegations involving abuse of powers

One of the first charges of serious impropriety against the force rose out of the handling of the Sallins Train Robbery in 1976; this case eventually led to a serious miscarriage of justice and accusations of a "Heavy Gang" operating within the force which intimidated and tortured the accused. This eventually led to a Presidential pardon for one of the accused.

In 2004, an RTÉ Prime Time documentary accused elements within the Garda of abusing their powers by physically assaulting people arrested. A retired Circuit Court judge (W. A. Murphy) suggested that some members of the force had committed perjury in criminal trials before him but later stated that he was misquoted, while a Minister of State (Dick Roche) (junior government minister) accused Gardaí in one instance of "torture". The Garda Commissioner accused the television programme of lacking balance.

The Prime Time documentary followed footage published by the Independent Media Centre Ireland showing scuffles between Gardaí and Reclaim the Streets demonstrators.^[17] One Garda shown in this footage was later convicted of common assault which is a summary matter, while several other Gardaí were acquitted of all offences.

Allegations involving cross-border policing

The family of Eddie Fullerton, a Buncrana Sinn Féin councillor killed in his home by members of the Ulster Defence Association in 1991, have criticised the Gardaí's handling of the investigation and in 2005 they started a campaign for an inquiry.

The Smithwick Tribunal is also investigating allegations of collusion following the deaths of two Royal Ulster Constabulary officers killed by the Provisional Irish Republican Army as they returned from a meeting with the Gardaí in the Republic of Ireland following a recommendation from the Cory Collusion Inquiry.

Reform initiatives

Arising from some of the above incidents, an Garda Síochána has undergone a number of reform initiatives in recent years. The Morris tribunal in particular identified areas that required redress, and highlighted that reforms were required in order to effect such a redress.

It was also stated by the tribunal Chairman, Mr Justice Morris, that the code of discipline was extremely complex and, at times, "cynically manipulated" to promote indiscipline across the force. Judicial reviews, for example, were cited as a means by which disciplinary action could be delayed.

The Garda Siochana Act 2005 was the key vehicle put in place to facilitate change, the provisions for which arise from the fall out and findings of the tribunal and from the events in Donegal and elsewhere.

While fifteen members of the force were sacked between 2001 and 2006, and a further 42 resigned in lieu of dismissal in the same period, Commissioner Conroy stated that he was constrained in the responses available to deal with members whose misbehaviour is cited in public inquiries.^[18]

Garda Ombudsman Commission

Also newly instrumented, the Garda Ombudsman Commission replaces the earlier system of complaints (the Garda Síochána Complaints Board). Becoming fully operational on 9 May 2007, the Commission is empowered to:

• Directly and independently investigate complaints against members of the Garda Síochána
• Investigate any matter, even where no complaint has been made, where it appears that a Garda may have committed an offence or behaved in a way that would justify disciplinary proceedings
• Investigate any practise, policy or procedure of the Garda Síochána with a view to reducing the incidence of related complaints

The Members of the Garda Ombudsman Commission are: Justice Kevin Haugh (High Court Judge and Chairman of the Commission), Carmel Foley (former Director of Consumer Affairs), and Conor Brady (former Editor of The Irish Times and author of a book on the history of the Gardaí).

References

See also

• Criminal Assets Bureau
• Emergency Response Unit
• Garda Síochána College
• GUBU
• Irish Army Rangers
• Police Service of Northern Ireland
• Royal Ulster Constabulary
• Special constable
• Terrestrial Trunked Radio
• Juvenile Liaison Officer

External links

• Official site - An Garda Síochána
• Garda Síochána Ombudsman Commission
• Garda Headquarters, Phoenix Park, Dublin
• Association of Garda Sergeants and Inspectors
• Garda Síochána mission statement on community policing
• Morris Tribunal
• Garda Síochána Act, 2005
• Garda Roll of Honour