Although the Morris report has given Michael McDowell the backing he needs to reform the Garda, the question is will the changes be far-reaching and decisive enough, writes Stephen Collins
The decision of Minister for Justice Michael McDowell to take another big step in the reform of An Garda Síochána by openly confronting the culture of indiscipline that has developed in the force is a necessary and courageous course of action to adopt, even if it is politically risky in the run-up to the next general election.
Uneasiness had already surfaced in Fianna Fáil at Mr McDowell's determination to press ahead with the introduction of the Garda Reserve in the face of bitter opposition from the Garda Representative Association and the Association of Garda Sergeants and Inspectors.
Another and potentially bigger confrontation over discipline so close to the election may cause even more nervousness in the ranks of the larger Government party.
Still, Mr McDowell has received the backing of his Fianna Fáil Cabinet colleagues for a new code of discipline for gardaí to make it much easier for those in authority to impose sanctions against members of the force who transgress.
Ministers felt they had no option in the light of the damning indictment of Garda discipline contained in the report, but to back Mr McDowell and attempt to deal with the issue regardless of the political consequences.
Main Opposition parties yesterday rowed in by suggesting that the code was overdue and not strong enough, but they supported its implementation. Both Fine Gael and Labour were critical of the Minister for not moving earlier, but they clearly support the action he is now taking.
The organisations representing gardaí will have to think very carefully about their response to the new code of discipline because there is no escaping the political consensus in favour of reform, based on the moral force of the Morris report and its clearly good intentions about restoring the morale and the standing of An Garda Síochána.
In a reference to threats of another "blue flu" episode in an effort to derail the establishment of the Garda Reserve, Mr Justice Frederick Morris pointedly said that "organised insubordination on a mass scale would be a disaster".
Mr McDowell followed that up by making it abundantly clear yesterday that he was not going to be deterred from introducing the reserve and said bluntly yesterday that non co-operation by gardaí with the laws passed by the Oireachtas was simply not an option for members who had taken an oath to uphold the law.
"Serving members have the choice of standing by their oath or opting out. There is no middle ground."
One of the key issues identified by Mr Justice Morris was that the existing highly complex disciplinary process had actually been used in a cynical fashion to promote indiscipline right across the force.
The judge suggested that the process had the complexity of a murder trial and should be scrapped and replaced by a simple set of regulations.
Given the extraordinary findings of Mr Justice Morris and his strong recommendation that the Government should bring in a new code of discipline, the Minister simply had to react.
Some of the report's findings are truly stunning: "There is 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," it says.
Following up that point Mr McDowell added that while most gardaí operated in a courageous, decent and professional way, the problems were not confined to just a handful of rogue members. He maintained that there was a corps of people across the country who would have to be confronted in order to restore the reputation of the force.
One of the most heartfelt sections of Mr Justice Morris's report is his reference to young people who join An Garda Síochána with ambitions to do well and to do good for society. "They are the hope of the future. It is a disservice to them, and to Ireland, that they can be asked to serve under and with some of the kind of members that have populated the pages of this report. They can be led astray. The young are of their nature vulnerable. They will be left undisciplined and demoralised if pride in the force is not restored."
That appeal to the political system to respond to the crisis in the Garda simply demanded a firm response. Mr McDowell said at his press conference yesterday that if he had attempted to move on this issue two years ago he would almost certainly have faced intense opposition from vested interests. The tribunal report has given him the evidence and the political cover required for decisive action.
The question now is whether the action will be decisive enough to root out the problems once and for all. The Minister has already brought into law a new provision that allows for the summary dismissal of an officer who is deemed to have brought the force into disrepute. That mechanism may well be deployed to deal with some of the individuals who feature in the Morris report.
However, it is ordinary day-to-day disciplinary procedures that will be dealt with in the new code of discipline, which has been devised by the Minister in consultation with the Garda Commissioner. The code will now be brought to the Garda Conciliation and Arbitration Council and the Minister expects that it will be in operation in a few months.
Hand in hand with the disciplinary code, a new promotions system within the Garda is being established with a majority on each interview panel coming from outside the force. The pressure from the Garda representative bodies will be to obstruct and delay the introduction of the new schemes, but the political pressure on Mr McDowell will be to deliver on his promise of sweeping Garda reform.