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57-565: The Morris Tribunal was created by a resolution of the Oireachtas on 28 March 2002 and by Instrument entitled Tribunals of Inquiry (Evidence) Act, 1921 (Establishment of Tribunal) Instrument, 2002 made by the Minister for Justice, Equality and Law Reform on 24 April 2002. Its formal title was The Tribunal of Inquiry into complaints concerning some Gardaí of the Donegal Division . It is known as

114-571: A Dáil term may last no longer than five years; however, the house can be dissolved by the president at any time at the request of the Taoiseach (head of government). Dáil elections use the electoral system of proportional representation by means of a single transferable vote . The Dáil has 160 members. The Seanad is not directly elected but consists of a mixture of members selected in a number of different ways. There are 60 senators: 43 are elected by councillors and parliamentarians, 11 are appointed by

171-645: A common building complex. The Houses of the Oireachtas Commission was established by statute in 2003 to provide a formal structure for this, which was previously done by a joint committee. Non-political support staff, such as ushers and the English–Irish translation staff, are employed by this Commission and treated as part of the Civil Service of the State . The Commission's chairperson and chief executive are

228-491: A complaint that two men arrived at his door late on the evening of 20 June 1998 he was acting as an agent of the Garda Síochána. The report concludes that a member of the public, Mr Bernard Conlon, was induced by former Detective Sergeant John White (assisted by Garda John Nicholson) with the promise of reward to be found being served alcohol after hours on the licensed premises of Mr Frank McBrearty Snr. The purpose of this

285-549: A determination by some parties to ensure that, even if there was no evidence, that the suspicions formulated were going to stick and stick permanently". The Garda response. was to set up five separate Working Groups to consider: The third report deals with allegations made by Bernard Conlon that he was acting as an agent of the Garda Síochána in respect of his being found on the nightclub/public house premises of Frank McBrearty Snr in Raphoe on 31 August 1997, and further that in making

342-550: A media interviews that the Tribunal findings against him, were based on "hearsay, innuendo and rumour", – rather than the thousands of documents admitted as evidence and hundreds of days at hearing. Inquiries relating to garda discipline can take years to unravel due to the overlay of legal formalism in the process. Procedures can be used to frustrate and delay simple and straightforward investigations. The Tribunal has made recommendations in respect of this. A new draft code of discipline

399-518: A murder inquiry; and hoax extortion calls received by Michael and Charlotte Peoples on 9 November 1996. The second report exposed further evidence of lies, malice and incompetence among the force in Donegal. The Tribunal chairman described the investigation into the death of cattle dealer Richie Barron as "an extraordinary shambles". "There is evidence of willful blunders, gross negligence, laziness, emotionally wrong-headed rushes to judge people as guilty and

456-496: A nephew, Mark McConnell, were treated by the Gardaí as suspects. McBrearty Snr was also arrested, spending 14 days in Garda custody. The tribunal found that his son and nephew were found to have been wrongly considered murder suspects by the Gardaí. His son Frank McBrearty Jnr is an independent member of Donegal County Council . This business-related Irish biographical article is

513-576: A new protocol and policy encompassing best police standards in the management and use of covert human intelligence sources. CHIS – Covert Human Intelligence Source management is now in place throughout the Force. All aspects of the protocol will now be reviewed by the Garda Authorities. It also recommends that the Garda disciplinary code needs to be revised and streamlined to be able to deal more efficiently and swiftly with disciplinary issues arising within

570-400: A person as a Garda agent and witness needs to be subject to strict controls and that urgent consideration has to be given to the formulation of written guidelines to cover this aspect of police work. Arising from earlier Morris reports, the Garda Síochána conducted a full review of existing policy, practices and procedures relating to the handling and management of informants and has put in place

627-506: A pilot service on UPC Ireland . On 22 September 2014, the Houses launched the dedicated television channel Oireachtas TV, bringing unfiltered access to the parliamentary process to over one million households nationwide. The service is available free of charge on UPC Channel 207 and Sky Channel 574. In 2012, the Oireachtas launched its first e-consultation. On 28 June 2008, the first Houses of

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684-433: A senior officer of the Garda Síochána to be used in exceptional circumstances. Evidence has been examined by the Tribunal from gardaí based both within the Donegal division and members of varying ranks based elsewhere in the country. The Tribunal compliments many individual gardaí but severely and trenchantly criticises others. The Tribunal has been staggered by the amount of indiscipline and insubordination it has found in

741-404: A series of explosives finds in the border county in 1993 and 1994. Findings of culpability in respect of individual members of the Garda Síochána were made. The extent of culpability ranged from instances of negligence to, in the cases of Superintendent Lennon and Detective Garda McMahon, of corruptly orchestrating the planting of ammunition and hoax explosives. Chief Supt Denis Fitzpatrick, who

798-696: A serving member can speak in confidence to a designated officer in Garda Headquarters on concerns about misconduct within the Service. Regulations for a Whistleblower's charter within the Garda Síochána have been drawn up and are being finalised in consultation with the Commissioner, the Ombudsman Commission and Garda Inspectorate, as provided for in the Garda Síochána Act 2005. This module examined

855-694: Is an Irish businessman who was the victim of police harassment following the death of Richie Barron. He was awarded nearly €2.5 million in compensation by the Irish High Court . Part of the Morris Tribunal investigated the behaviour of members of the Garda Síochána in this case. Originally from Raphoe , County Donegal , he served with the Irish Army in the United Nations Operation in

912-504: Is the bicameral parliament of Ireland . The Oireachtas consists of the president of Ireland and the two houses of the Oireachtas ( Irish : Tithe an Oireachtais ): a house of representatives called Dáil Éireann and a senate called Seanad Éireann . The houses of the Oireachtas sit in Leinster House in Dublin , an eighteenth-century ducal palace . The directly elected Dáil

969-717: Is the more powerful of the houses of the Oireachtas. The word oireachtas comes from the Irish word airecht / oireacht ("deliberative assembly of freemen; assembled freemen; assembly, gathering; patrimony, territory"), ultimately from the word airig ("freeman"). Its first recorded use as the name of a legislative body was within the Irish Free State . Dáil Éireann is directly elected under universal suffrage of all Irish citizens who are residents and at least eighteen years old; non-Irish citizens may be enfranchised by law, which currently extends to British citizens. By law,

1026-586: Is the scale of the problem as found by Judge Morris that comes through most starkly in the Burnfoot report. The Burnfoot Report also indicates that the Tribunal has been disturbed by the manner in which search warrants under section 29 of the Offences against the State Act are issued by Garda Superintendents. The Tribunal recommends that urgent consideration be given to vesting the power to issue warrants under Section 29 of

1083-634: The Ceann Comhairle and clerk of the Dáil respectively; other members are the Cathaoirleach of the Seanad, one appointed by the Minister for Finance , four by the Dáil, and three by the Seanad. The Commission, through the translation department, is responsible for periodic updates to An Caighdeán Oifigiúil , the official standard form of the Irish language . Frank McBrearty Frank McBrearty Snr

1140-914: The Free State Senate was abolished in May 1936 and the role of the monarch was removed in December 1936. The modern Oireachtas came into being in December 1937, on the adoption of the Constitution of Ireland . The first Oireachtas radio and television broadcasts were of ceremonial addresses from dignitaries , beginning with that of John F. Kennedy during his 1963 state visit. Regular radio broadcasting of edited Oireachtas proceedings began in October 1986, although budget statements had already been broadcast live. Television coverage of Dáil, Seanad, and committee proceedings began in 1990, 1991, and 1993 respectively. Since 2005

1197-526: The Congo as a young man. He then owned a business in Scotland before returning to his hometown in 1978 to run a pub. His business was popular, drawing business from outside Co. Donegal. In October 1996, the body of local man Richie Barron was found on a road outside the town. Initially his death was treated as a hit and run , but it was upgraded quickly to a murder enquiry. McBrearty's son, Frank McBrearty Jnr, and

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1254-696: The English, and later British, Parliament . This Parliament consisted of the King of Ireland , who was the same person as the King of England, a House of Lords and a House of Commons . In 1800 the Irish Parliament approved its own abolition when it enacted the Act of Union , which came into effect from 1 January 1801. The next legislature to exist in Ireland came into being in 1919. This

1311-575: The Garda Ombudsman Commission and other strategic initiatives. So far, it has resulted in the resignations of several senior officers in the force, including one Chief Superintendent and three Superintendents, after they were criticised for negligence, as well as the firing of another Superintendent found to be corrupt. Several other present and former officers of various ranks have been criticised for negligence, found to have lied, or been found to have acted corruptly. Evidence in all modules in

1368-472: The Garda force. 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. Garda Martin Leonard is cited in this regard – applying to arrest a colleague in an investigation in which he was not involved, not wearing his uniform, lying at will and continually testing

1425-656: The King, the House of Commons of Southern Ireland and the Senate of Southern Ireland . The Parliament of Southern Ireland was formally abolished in 1922, with the establishment of the Oireachtas under the Constitution of the Irish Free State . The Oireachtas of the Irish Free State consisted of the King (represented by a Governor-General ) and two houses: Dáil Éireann (described as a "Chamber of Deputies") and Seanad Éireann. However,

1482-619: The Morris Tribunal after its chairman and sole member, Justice Frederick Morris , a former president of the Irish High Court and a judge of the Special Criminal Court. The tribunal concluded its public hearings in December 2007. Its final report was issued in October 2008. The Morris Tribunal takes place against probably the most over-reaching reform of the Gardaí in its history, the Garda Síochána Act 2005, which established

1539-427: The Offences against the State Act, 1939, at present vested in officers of the Garda Síochána not below the level of Superintendent, in judges of District Court and Circuit Court. The Tribunal recognises that there are very limited occasions upon which time would be so pressing as to make it impossible to follow such a procedure and that, in any event, a residual power for such eventuality could, perhaps, still be vested in

1596-442: The Oireachtas as follows:—". The Oireachtas has exclusive power to: The Oireachtas has a number of joint committees that include members of both houses. There are currently fifteen of these: Oireachtas has been the title of two parliaments in Irish history : the current Oireachtas of Ireland, since 1937, and, immediately before that, the Oireachtas of the Irish Free State of 1922 to 1937. The earliest parliament in Ireland

1653-429: The Oireachtas family day was held. This initiative by the Ceann Comhairle of Dáil Éireann , John O'Donoghue and the Cathaoirleach of Seanad Éireann , Pat Moylan aimed to increase public awareness in the work of the Houses of the Oireachtas. It included tours of both chambers of the Oireachtas, lectures on the history of Oireachtas, historic political speeches recited by actors and a hot air balloon – commemorating

1710-476: The Seanad (although the Dáil can override a Seanad refusal to pass a bill), and then signed into law by the president. Bills to amend the Constitution must also be approved by the people in a referendum prior to being presented to the President. In most circumstances, the president is in effect obliged to sign all laws approved by the Houses of the Oireachtas, although the president has the power to refer most bills to

1767-493: The Service. This module deals with an arson attack on a telecommunications mast at Alt na gCapall, Ardara, County Donegal and a later explosives device in the same location in November 1996 within the context of a local protest against the addition of an MMDS mast to the site which was then ongoing. The telecommunications mast was the subject of controversy and protest locally. The Tribunal has concluded that an 'explosive device'

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1824-511: The Supreme Court for a ruling on constitutionality. The powers of the Seanad are in effect limited to delay rather than veto. It is the Dáil, therefore, that is the supreme tier of the Irish legislature. The general enacting formula for Acts of the Oireachtas is: "Be it enacted by the Oireachtas as follows:—", for an act with a preamble this enacting formula is, instead, "Be it therefore enacted by

1881-681: The Taoiseach, Bertie Ahern , proposed that Northern Ireland MPs should be able to address a committee of the whole Dáil. However, Fine Gael , the Labour Party , and Ahern's coalition partners, the Progressive Democrats , all opposed the idea, as did the Green Party , the Socialist Party and some Oireachtas members from Fianna Fáil . Only Sinn Féin, the party that stood to gain most from

1938-404: The Taoiseach, and six are elected by two university constituencies . The president is directly elected once every seven years, and may serve a maximum of two terms; where there is only one candidate for president, no ballot will be taken, and the candidate will be deemed elected at the close of nominations. To become law, a bill must first be approved by both the Dáil and in most circumstances

1995-408: The balloon flight which took place in 1785 from Leinster Lawn. The Oireachtas family day took place again in 2009, but it has not been held since then. Although, as adopted in 1937, Article 3 of the constitution asserted the "right of the parliament and government established by this constitution to exercise jurisdiction" over the whole of Ireland, it also provided that pending the "re-integration of

2052-505: The circumstances surrounding the alleged planting of a firearm 22 May 1998, to effect the arrest and detention of seven persons (members of the traveller community) at Burnfoot, County Donegal at 8.00 AM the following day on foot of search warrants and the investigation relating to this. The finding of such a weapon meant that an arrest under S30 of the Offences Against the State Act 1939 could be justified. While Detective Sergeant White

2109-437: The force. (* Frank Shortt, a Donegal publican, was adjudged to have been wrongly convicted by "perjured Garda evidence" following "a conspiracy to concoct false evidence" by McMahon and Lennon.) The report also makes general recommendations arising from its findings, including the need for a more pro-active role for Garda Headquarters in the management of Garda Divisions, the need for improved recording and reporting of incidents,

2166-413: The grounds that this would amount to representation "without taxation or responsibility". Beginning with Seamus Mallon in 1982, one or more from Northern Ireland have been included among the eleven Senators nominated by the Taoiseach after most elections. Sinn Féin has advocated that Northern Ireland MLAs , MPs , and MEPs should have the right to participate in Dáil debates, if not vote. In 2005

2223-643: The highest level; allegations of a campaign of Garda harassment directed against the extended McBrearty family, their employees and others in Co Donegal; and the effectiveness of the Garda Complaints Board in dealing with complaints from the extended family and others. The first report, in June 2004, concerned allegations that two Donegal based detectives, Superintendent Kevin Lennon and Detective Garda Noel McMahon, faked

2280-501: The immediate restoration of the discontinued practice of members of Inspector rank and above keeping daily official journals, the need for an urgent review of policy in relation to the handling of informants, and the need for a specific obligation on members of the Garda Síochána to account truthfully for any actions taken in the course of duty, with failure to account constituting a serious breach of discipline warranting dismissal. The report also, while it makes no specific recommendation on

2337-558: The interests of the gardaí and the constitutional rights of the person to be searched. The Minister for Justice has proposed amendments to allow judicial oversight of warrants issued under emergency powers legislation, but senior officers will still have power to issue warrants in "exceptional circumstances." Oireachtas Opposition (75) Vacant Opposition (16) Vacant The Oireachtas ( / ˈ ɛr ə k t ə s / EH -rək-təs , Irish: [ˈɛɾʲaxt̪ˠəsˠ] ), sometimes referred to as Oireachtas Éireann ,

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2394-554: The matter, questions the adequacy of the Garda promotion system in identifying and advancing persons with the necessary aptitude and skills, and calls for the system to be looked at (and in fact significant changes are already underway as part of the Garda reform process). The second report in June 2005 concerned the Barron Investigation module, which looked at events following the hit and run death on 14 October 1996 of cattle dealer Richie Barron, which police mistakenly treated as

2451-463: The national territory" Acts of the Oireachtas would not apply to Northern Ireland. Therefore, no serious attempts have been made for the representation of Northern Ireland in the Dáil. As Taoiseach, Éamon de Valera , while a staunch opponent of partition, and who had been elected to represent a Northern constituency in the First Dáil , did not pursue the idea of seats in the Dáil for Northern Ireland, on

2508-619: The proceedings of both houses have been made available over the internet by HEAnet and the eDemocracy Unit of the Office of the Houses of the Oireachtas. Houses of the Oireachtas Channel (publicly known as Oireachtas TV) is a digital television channel in Ireland. It broadcasts Committee and Houses and other parliament proceedings following its establishment under the Broadcasting Act 2009 . On 15 November 2011, it began broadcasting

2565-466: The proposal, supported it, while the more moderate Social Democratic and Labour Party (SDLP) described it as a step forward. The proposal was also criticised widely in the media, with an editorial in The Irish Times , declaring that: "The overwhelming democratic imperative is that the institutions of this State should represent and serve the people of the State." From 2011, Northern Ireland MEPs had

2622-423: The proud record of the Garda Síochána, but warns that firm action is required to address the question of indiscipline within the Garda Síochána. It says that firm but fair measures relating to discipline are required to restore morale and if such action is not taken, the abuses which led to the establishment of the Tribunal will be repeated. While the issue of indiscipline has been highlighted in previous reports, it

2679-584: The same automatic right as MEPs from the Republic to participate in meetings of the Seanad's European committee, whereas other MEPs require an invitation. This ended in 2020 when the United Kingdom left the EU, which consequently meant all UK MEPs left office. While each house is empowered to organise its own business, they have always co-operated in practical matters arising from the fact that they share Leinster House as

2736-545: The tribunal's terms of reference were heard. All reports were published by October 2008. The first substantive report was published in 2004; the second in 2005 and reports three, four and five were published in August 2006. The remaining reports covered an investigation into the interrogation of 12 suspects in Garda custody detained in connection with the death of Richard Barron; allegations that interview rooms in Garda stations were bugged; anonymous allegations of Garda corruption at

2793-410: The waters as to the vulnerability of his colleagues. The behaviour of three garda witnesses, Sgt Conaty, Garda Mulligan and Garda Martin Leonard, in all of this beggars belief; and yet it happened in the course of a Tribunal hearing that was much extended by their dissimulation, the Tribunal was used a sounding board for deceit in the hope that it too could be inveigled into believing lies. White stated in

2850-506: Was a unicameral parliament established by Irish republicans , known simply as Dáil Éireann . This revolutionary Dáil was notionally a legislature for the whole island of Ireland. In 1920, in parallel to the Dáil, the British government created a home rule legislature called the Parliament of Southern Ireland . However, this parliament was boycotted by most Irish politicians. It was made up of

2907-453: Was acquitted on a criminal charge on 27 July 2006 of possession of a firearm for an unlawful purpose, the Tribunal was satisfied that he planted a shotgun at the Travellers' encampment so as to justify an arrest under section 30 of the Offences against the State Act. The Tribunal found that he was aided in this by Detective Garda Thomas Kilcoyne. The Tribunal also found that when Sergeant White

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2964-468: Was caused to be put on the mast by former Sergeant John White for the purpose of using section 30 of the Offences against the State Acts to arrest some of the protestors although it could not go so far as to say that he actually placed it there. Mr White is seeking a judicial review of the tribunal's findings. The report recommends that there needs to be a mechanism in place within the Garda Síochána whereby

3021-576: Was cited as being 'gravely at fault' in not investigating the activities Lennon and McMahon relating to implicating a person as IRA informer, took early retirement from the Garda in July 2004. Lennon, who was suspended on full pay in August 2002 on foot of the Frank Shortt* affair and was fired from the Garda in October 2004. McMahon resigned from the force before the Garda Commissioner could dismiss him from

3078-423: Was published by Justice Minister Michael McDowell at the publication of the third, fourth and fifth reports of the tribunal, but so far has not been implemented. The Tribunal observes that when trust is absent and management is infirm – damage ensues The Tribunal recommends that power to issue Section 29 search warrants under the Offences Against the State Act (1939) be vested in a District Court justice to balance

3135-401: Was subsequently arrested and charged in relation to this incident Sergeant Jack Conaty, Garda Martin Leonard and Garda Patrick Mulligan conspired together to invent a story to acquit Sergeant White. The Tribunal has concluded that proper discipline has been lost in the Force and the disciplinary machinery has become overlaid with an unnecessary degree of legal formalism. The report acknowledges

3192-509: Was the Parliament of Ireland , which was founded in the thirteenth century as the supreme legislative body of the lordship of Ireland and was in existence until 1801. This parliament governed the English-dominated part of Ireland, which at first was limited to Dublin and surrounding cities, but later grew to include the entire island. The Irish Parliament was, from the passage of Poynings' Law in 1494 until its repeal in 1782, subordinate to

3249-402: Was to provide a reliable witness in a prosecution under the licensing laws against Mr McBrearty Snr. The report also deals with allegations by Mr Conlon that Mr Mark McConnell and Mr Michael Peoples threatened him with a silver bullet because of his forthcoming testimony against Mr McBrearty. The report concludes that the allegations themselves were false. The report recommends that the use of

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