The Minister for Justice will provide for new disciplinary procedures within the Garda Síochána in the new Garda Bill, which will be published in the coming weeks, The Irish Times has learned.
They will address many of the concerns raised in last week's Prime Time programme, the statement from the DPP about the difficulty in taking prosecutions against Gardaí accused of misconduct because of delays in complaints being finalised by the Garda Complaints Board and other concerns arising from various controversies concerning the Garda. The new disciplinary regime will provide for regulations, to be issued by the Minister, with the approval of the Government. Both the Law Society and the Bar Council are likely to make submissions to Mr McDowell on the matter, as both will be discussing the issue later this week.
The Law Society is also expected to seek a meeting with the Garda Commissioner to raise its serious concerns about the case involving a solicitor, Ms Grainne Malone, who successfully sued the State for libel arising out of the actions of two members of the force based in Tallaght.
Both were disciplined and fined, but the verdict against one of them was overturned on appeal. She told The Irish Times at the weekend that she was not informed of the appeal, or asked to give evidence, and learned of the successful appeal only through the Prime Time programme. A Garda spokesman said appeals against decisions of disciplinary tribunals are dealt with on transcripts.
They are heard by a three-man panel, consisting of a senior member of the force, a representative of the representative body to which the accused Garda belongs, and a solicitor or barrister.
The criminal law committee of the Law Society discussed the Grainne Malone case at its meeting last night, and will table a resolution to the Council of the Law Society on Friday, asking the society's president to seek a meeting with the Commissioner to discuss the case. This meeting is also likely to discuss the broader issues raised, and the Minister's pending legislation.
The issues raised on the programme, and in particular the allegation by a retired Circuit Court judge, Judge Anthony Murphy, that members of the Garda Síochána have committed perjury, will also be discussed within the Bar Council later this week.
While many of the matters highlighted by the Prime Time programme were previously in the public domain, the intervention of Judge Murphy, and the revelations surrounding the Grainne Malone case, brought concern about the internal discipline to a new level. The Labour Party and the Irish Council for Civil Liberties have both called for urgent action on the issues raised.