Without our intervention abuses would still be going on, say politicians

REACTION:LABOUR TD Brendan Howlin and Fine Gael MEP Jim Higgins reacted to the tribunal's criticism of their actions by insisting they had acted responsibly in approaching the minister for justice with serious allegations against senior gardaí in 2000.

They also suggested the abuses uncovered by the tribunal would not have come to light without their intervention.

Mr Howlin welcomed the publication of the reports but said he was surprised that, following the "shocking list of abuses" uncovered by the tribunal over six years of inquiries, comments would be made reflecting on the actions of Mr Higgins and himself.

Were it not for those actions, the tribunal would never have been established and the "shocking saga of corruption, abuse and mismanagement" would never have been uncovered, and "would in all probability still be going on", he said.

It was also unlikely that the Garda Ombudsman Commission, the Garda Inspectorate or many other reforms would now be in place.

"I am confident that I acted responsibly at all times when allegations were made to me by a criminal lawyer with more than 20 years' practice regarding senior gardaí in 2000.

"I brought the allegations in private to the then minister for justice and asked that he would have them investigated. I am at a loss to know how I might have dealt with the allegations differently," Mr Howlin said.

"In his conclusions Mr Justice Morris suggested that Jim Higgins and I should have 'explored the information furnished to them somewhat further'. I was clearly not in a position to carry out an investigation into the allegations myself and it would have been irresponsible of me to have ignored such serious allegations."

On the question of how TDs should deal with allegations made to them, Mr Howlin said this was considered in detail by both the High Court and the Supreme Court, and in neither case was there any criticism of his personal conduct.

Reacting to the tribunal's final reports, Mr Higgins, who was a TD at the time the allegations were passed on to the minister for justice, said he disagreed with the finding that he and Mr Howlin had acted irresponsibly. When the information came into their possession, the politicians had jointly decided that rather than airing the matter publicly under Dáil privilege, the proper course was to bring the material privately to the attention of then minister for justice John O'Donoghue.

"It's worth recalling that there would never have been a tribunal of inquiry into the corrupt practices of gardaí in Donegal had it not been for the dogged persistence of Brendan Howlin and myself," Mr Higgins said.

"For example, the wrongful arrest and detention of 12 members of the immediate and extended McBrearty family for their alleged involvement in a murder in which they had no hand, act or part would not have come to light. Also, the planting of explosives arranged by members of the Gardaí­ would never have been uncovered.

"Likewise, the planting of a gun at a halting site in Donegal and the planting of explosives at a television mast in Ardara would never have come to light."

Mr Higgins added that he hoped the tribunal's reports would lead to a "more disciplined and responsible police force".

In his response, Minister for Justice Dermot Ahern said yesterday's reports confirmed that some people were "treated badly" by individual members of the Garda but insisted the "disgraceful behaviour of a small number of gardaí" in Donegal during a period in the 1990s should not be allowed to overshadow the dedication to the State shown by the vast majority of members.