The Dáil passed the terms of reference for the tribunal of inquiry into alleged unethical and criminal behaviour by members of the Garda in Donegal. The tribunal will be chaired by Mr Justice Morris.
The Minister for Justice, Mr O'Donoghue, said he wanted to see public confidence in the Garda, insofar as it had been adversely affected, restored.
"We have an excellent police service. Let us be clear about that. The vast majority of men and women of the Garda daily carry out their job in the most exemplary manner. We should not forget this."
The tribunal's terms of reference are:
• The making of extortion and hoax telephone calls to the home of Michael and Charlotte Peoples on November 9th, 1996, and the subsequent Garda investigation into that complaint.
• Investigations relating to the death of Mr Richie Barron, of Raphoe, Co Donegal, on October 14th, 1996, with particular reference to the arrest and treatment of persons in custody in connection with that investigation, the progress, management and effectiveness of the Garda investigation with particular reference to the management of informants.
• Allegations of harassment of the McBrearty family, of Raphoe, Co Donegal, and of relatives, associates and agents of that family by members of the Garda subsequent to the death of Mr Barron including the issue and prosecution of summonses relating to offences alleged to have occurred between October 28th, 1996, and September 28th, 1998.
• The circumstances surrounding the arrest and detention of Mark McConnell on October 1st, 1998, and Michael Peoples on May 6th, 1999.
• Complaints that some gardai in Donegal may have been involved in hoax explosives and bomb-making equipment finds (in particular discoveries on September 11th, 1993, November 19th, 1993, January 11th, 1994, March 14th, 1994, June 4th, 1994, June 13th, 1994 and July 18th, 1994) and a review of the management and investigation of those issues.
• The circumstances surrounding the arrest and detention of Frank McBrearty jnr on February 4th, 1997, and his subsequent prosecution in the Circuit Criminal Court relating to an alleged assault in December, 1996, on Edward Moss with particular reference to the Garda investigation and the management of both the investigation and the role of the gardai in the subsequent prosecution.
• Allegations relating to the Garda investigation of an arson attack on property situated on the site of the telecommunications mast at Ardara, Co Donegal, in October-November 1996.
• Allegations contained in documents received by Deputy Jim Higgins on June 25th, 2000, and in information received by Deputy Brendan Howlin on June 25th, 2000, that two senior members of the Garda may have acted with impropriety.
• The circumstances surrounding the arrest and detention of seven persons at Burnfoot, Co Donegal, on May 23rd, 1998, and the investigation relating thereto.
• The effectiveness of the Garda complaints inquiry vis-à-vis the complaints made by Frank McBrearty snr and his family between 1997 and 2001.
Responding to Opposition demands that his role as Minister be included in the terms of reference, Mr O'Donoghue said he had nothing to hide regarding his handling of the issue.
"On the contrary, I can stand over every single thing I have done. It is thanks to my effort that we are now able to proceed with a tribunal of inquiry."
He added that he had no intention of turning the tribunal into political football.
