A tough new code of discipline for gardaí has been published following yesterday's damning Morris tribunal findings of gross "insubordination" and "indiscipline" in the force. Mr Justice Frederick Morris said there was a "small but disproportionately influential core of mischief-making members who will not obey orders, who will not follow procedures, who will not tell the truth and who have no respect for their officers". Stephen Collins and Conor Lally report
At a press conference to launch three reports of the tribunal into Garda wrongdoing in Donegal, Minister for Justice Michael McDowell said, while it was disturbing that specific misbehaviour by individual gardaí in Donegal had been identified, it was of most concern that the problems applied across the country.
He responded to the reports by unveiling a new draft disciplinary code which streamlines current practices and gives the Garda Commissioner unprecedented wide-ranging summary dismissal powers.
Crucially, those will operate under a balance of probabilities burden of proof, meaning the Garda Commissioner will be bound by no restrictions once he believes a member should be fired.
Mr McDowell revealed that five civil cases in relation to Garda wrongdoing in Donegal have so far cost the State €2.2 million. He said 98 cases have yet to be processed.
If those cost trends continue, sources said last night the bill from Donegal could reach almost €45 million.
Mr McDowell warned members of the Garda that any organised campaign of insubordination to block the introduction of the Garda Reserve would not be tolerated following the launch of the reports.
"No organised campaign of indiscipline or defiance of the reforms enacted by the Oireachtas can be countenanced in any circumstances," said the Minister, who added that serving members had the choice of standing by their oath or opting out.
A source told The Irish Times last night that since advertisements appeared in the newspapers on Monday seeking recruits for the Garda Reserve, more than 2,000 expressions of interest have been received. There are only 900 places available.
All three reports published yesterday were highly critical of the actions of Det Sgt John White.
In his reports, Mr Justice Morris said the tribunal has been "staggered by the amount of indiscipline and insubordination it has found in the Garda force".
He went on: "Those who are charged with upholding the good order of society are not to be dragged into looking at their vocation as just another way of making money or, worse, of lazing about and making mischief. It is wrong to suggest that the people of Ireland are getting value from every garda employed by them."
Advocating a new system of discipline, the judge said: "Without a swift method of disposing of those who are causing real problems through indiscipline and not working, and of correcting those who can be corrected, a terrible and costly waste of talent will occur."
One report concluded that an explosive device was caused to be put on a television mast by Det Sgt White, with the intention of arresting protesters against the mast.
Another found that he planted a shotgun in a Travellers' camp in Burnfoot, Co Donegal, after which seven people were arrested.
Det Sgt White was acquitted in the courts in July of planting the shotgun at the Travellers' camp, but the High Court subsequently rejected his application to prevent publication of the Morris reports.
Det Sgt White and others named in the report now face the prospect of being dismissed for bringing the force into disrepute. Mr McDowell refused to comment on the likelihood of this happening as he would have to sign off on any such action taken by the Garda Commissioner.
One of the key findings by the tribunal was that there has been an abuse of search warrants issued under Section 29 of the Offences Against the State Act. It recommended that the power to issue warrants should be removed from the Garda and given solely to a judge.
Mr McDowell indicated that he did not intend to take the power to issue warrants off the Garda entirely, but that he would legislate for their use in exceptional circumstances when they could be issued by an officer of a rank higher than superintendent with an effective system of oversight by a judicial figure.
The Garda Representative Association said "the acquittal of John White on all charges in all cases brought against him has to raise questions about the Morris tribunal finding the detective was 'probably' guilty." The Association of Garda Sergeants and Inspectors (AGSI) said it would consider the reports before making any comment. A spokeswoman for An Garda Síochána said the force was considering the reports.