Significant last-minute changes are to be made to the Garda reform legislation by Minister for Justice Michael McDowell in the wake of the Morris tribunal report, writes Mark Hennessy, Political Correspondent.
Under the amendments, to be put before the Dáil next week, the Garda Commissioner will be legally bound to "account fully" to the Government and Attorney General for Garda actions, to keep them "fully informed" on an ongoing basis and "to provide all materials, records and statements".
Commissioner Noel Conroy yesterday accepted that the investigation into the death of Richie Barron in Raphoe in 1996 had been "a cock-up".
The legislation, as currently drafted, requires the commissioner to keep the Minister "fully informed" of significant developments concerning the preservation of peace and public order, the protection of life and property and the security of the State and "any other matters that, in the commissioner's opinion, should be brought to the Minister's attention".
In addition, it requires the commissioner to report "whenever required" by the Minister on other policing matters.
The proposed amendments are designed to ensure that Garda officers cannot turn down Government requests for information on the grounds "that you didn't ask the right question", one source said last night.
Mr Justice Frederick Morris criticised the Department of Justice's poor oversight of the Garda in his second report on Mr Barron's death in October 1996 and the subsequent Garda investigation and arrests.
In 2000 and 2001 Mr Conroy's predecessor, Pat Byrne, refused to release a copy of Assistant Commissioner Kevin Carty's investigation into the Garda inquiry to the minister for justice, John O'Donoghue, and Mr McDowell, who was then attorney general.
With no copy of the Carty report, Mr O'Donoghue, advised by Mr McDowell, rejected the Opposition's demand in late 2001 for a full public inquiry into the affair.
However, the Opposition, led by Labour TD Brendan Howlin, yesterday accused the two Ministers of concealing the fact that they had not seen the Carty report at the time.
During a four-hour debate, Mr McDowell accepted that senior Garda officers believed then that they were acting correctly, but strongly implied that earlier sight of the Carty report could have led to a speedier establishment of the tribunal of inquiry.
Meanwhile, committees dominated by civilians rather than gardaí will in future decide promotions below the rank of superintendent. Currently, senior Garda officers dominate promotion committees. Although the three-strong Garda ombudsman commission proposal will survive, Mr McDowell said one of them would be appointed as chairman to provide "visible leadership".