The Oireachtas inquiry into the shooting dead of Mr John Carthy at Abbeylara, Co. Longford, last year should go ahead. The concerns by members of the Garda over this new method of inquiry into their affairs are perfectly understandable. No professional body welcomes radical change, and the introduction of greater public accountability in relation to the behaviour of members of the Garda Siochana is nothing short of radical. For all that, public confidence in the effectiveness of our democratic system requires that the inquiry initiated by the Oireachtas subcommittee on Justice, Equality and Women's Affairs should proceed.
The investigation by members of the Dail and Seanad does not represent an unstructured exercise in political muscle-flexing. The decision to embark upon this course of action was only taken after long and serious consideration of the issues by the subcommittee, which is chaired by Fianna Fail TD, Mr Sean Ardagh, and following consultation with the Minister for Justice, Mr O'Donoghue. The terms of reference were agreed in advance with the Minister. They empowered the subcommittee to consider the official report on the shooting supplied by the Garda Commissioner, Mr Pat Byrne, to Mr O'Donoghue; to consider submissions received from the public in relation to that report and to hear evidence. In the process, the subcommittee may direct the attendance of witnesses and order the production of documents.
It was the first time in the history of the State that senior Garda officers were questioned in public on matters of policy, administration and responsibility arising from an internal Garda investigation. The fatal shooting of Mr Carthy by members of the Garda Emergency Response Unit at Abbeylara had generated considerable public disquiet. The Garda Commissioner, along with some of his most senior officers, provided sworn testimony on a variety of matters touching on the death of the young man and the production of the official report. But it was clear from the outset that members of the Emergency Response Unit and the Garda Representative Body (GRA) were utterly opposed to this development.
Members of the Emergency Response Unit sought exemption from attendance under Section 7 of the Compellability of Witnesses Act, 1997, on the grounds that their giving evidence could interfere with the prosecution of crime or compromise national security. A ruling on that appeal will be delivered at the end of the month by the Government's Secretary General, Mr Dermot McCarthy. The gardai involved are only exercising their rights under the law. Perhaps they should have been offered anonymity at an earlier stage to address their concerns. But it would appear that, should their appeal fail, judicial review will be sought in the High Court to prevent the hearing going ahead.
The powers granted to Oireachtas Committees to inquire into matters of serious public importance are a significant development. The benefits were evident to all in the recent DIRT inquiry. They form part of a reform programme designed to enhance the functions of TDs and to re-balance relations between the Dail and the Executive. At a time when considerable efforts are being made to introduce greater transparency into public life and to make the Judiciary, the Executive and State agencies more accountable for their actions, it would be a mistake to stop now. To say members of the Force are responsible to the Commissioner and to leave it at that is not sufficient in today's world.