Jim O'Callaghan: Garda Failures, Apology and Reform

Bas, Ceann Comhairle, I want to begin by echoing the remarks of the Taoiseach and indeed every deputy who has spoken in this debate this afternoon in acknowledging first and foremost the courage of the victims who have brought these failures of the state into the light. This report stands testament to the perseverance of both those who are joining us in the distinguished gallery this afternoon and those who have chosen to maintain their anonymity. The bravery of all of the victims represents the foundations upon which Judge White's report is built. I was fortunate last Ceann Comhairle to have had the opportunity to meet some of the victims in recent weeks following the publication of the report. I apologised that day to the victims and I repeat that apology here today for the Dáil record and indeed extend it to all of those victims that chose understandably to maintain their privacy and anonymity. While I do not intend to repeat what has already been said, the Taoiseach has very clearly set down on the record of this house the litany of failures that occurred in the state's engagement with Bill Keneally. However as Minister for Justice, the failures pertaining to an Garda Síochána weigh particularly heavily on me as I am politically responsible for the Gardaí. In 1987 the failure to investigate properly Bill Keneally's crimes, the failure to arrest him, the failure to search his house for evidence that would certainly have seen him prosecuted is a stain on the history of an Garda Síochána. Standard Garda practices and protocols of the time were not followed and attempts to deal with the matter informally through a psychiatric referral and engaging with Billy Keneally Sr and Monsignor Shine go beyond simple naivety and were an abject failure to do the job which the state had entrusted to those Gardaí to do. In my recent meeting with the victims I acknowledged and accept fully as Minister for Justice the finding in the report that action taken by the Chief Superintendent in Waterford was a clear and serious dereliction of duty even by the standards applicable at that time. That misjudgment about his risk of re-offending undoubtedly led to further despicable and preventable abuse. We know as the Taoiseach outlined that from evidence provided to the Commission and statements made to the Gardaí the allegations against Bill Keneally span a much broader time frame than those he was ultimately convicted for. Almost a quarter of a century in fact in which children within his significant sphere of influence were at grave risk. While the criminal justice system belatedly caught up with Bill Keneally following an investigation that only began when Jason Clancy had the fearlessness to come forward in December 2012, he evaded justice for far too long and his death in prison does little to undo that failure. As the Taoiseach noted one issue that Mr Justice White asked to be addressed is the absolute absence of a criminal offence of misconduct in public office. Chapter 12 of the report outlines the legal confusion about whether there is a common law offence of that nature that was carried over into law after the enactment of the Constitution in 1937. The finding of the Commission is that there is no such offence of serious dereliction of duty. I have accepted the recommendation of Judge White and wrote to the Attorney General a number of weeks ago to begin the process of reviewing the matter. The Attorney has confirmed to me that he's written to the Law Reform Commission under section 4 of the Law Reform Commission Act 1975 and has requested that the Law Reform Commission examine and research this matter further. The Attorney has specifically requested that the Law Reform Commission examine the current state of the pre-1937 common law offence in Irish law, whether a new criminal offence of misconduct in public office or misconduct in public office by omission could be provided for by statute and what the ingredients of that offence would be and what the advantages and disadvantages of the enactment of any such criminal offence would be. The Attorney has encouraged the Law Reform Commission to engage with the Office of the Director of Public Prosecutions and An Garda Síochána on this matter and has asked them to revert to him within nine months. Separately to the findings of the report and acknowledging that there is nothing that can right the wrongs perpetrated by Bill Keneally, I have instructed officials in my department to begin the process to secure compensation for those who have suffered as a result of the failures outlined in the report. The exact details will be worked out with engagement from the victims themselves, but on a personal level I do not want to see those of you that have been through so much put through any further lengthy legal processes. I would like to see a mediated solution that brings much-needed closure to all parties. As a final thought, I would like to thank again, as has already been done, Judge White and his predecessor, Judge Hickson, for the tireless and painstaking work of compiling the report. I was struck last Camcordia in my recent meeting with some of the victims by their gratitude for the work of and their engagement with Judge White and their belief that he had managed very difficult subject matter even-handedly and with great sensitivity. He is indeed a very fine person. The report is a reminder to all of us gathered in this chamber and those whose role it is to protect the vulnerable in our society that we must hold ourselves to the highest standards. Judge White has clearly outlined to us the terrible consequences that result from our failure to do so. While nothing will ever take away what happened to Bill Keneally's victims, I hope it is some comfort to them that their efforts will have made the world a little safer for most vulnerable, including our children that come after them. In concluding his report, Judge White expressed hope that the report has brought some peace of mind to the victims of Bill Keneally. I also hope it has.