The Gazette 1987

SEPTEMBER 1987 GAZETT INCORPORATE D LAWSOCIETY OF IRELAND Vol.81 No. 9 Novembe r 1987 Viewpoint

GAZETTE

In this Issue Viewpoint

271

Role and Function of Lawyer in the Modern World

mitments which they are required to make beyond the norm. The equipment solution is a new facet of the old Irish Public Service fallacy that providing something that everyone can see is patent evidence that the problem has been solved! It used to be new buildings that provided this evid- ence until it became appallingly clear that we had far too many public buildings for our needs. Buildings have now been replaced by "new equipment and the most modern technology" as the ideal solution. Whether the equipment and technology provides any more genuine solution to the problems than the buildings used to is ex- tremely doubtful. If we analyse the failures at Midleton, Limerick and Tipperary in the search operation, it does not appear that lack of resources was a significant factor. What does ap- pear is a failure to establish and operate proper systems. The Mid- leton group of Gardai, perhaps prematurely closing in in advance of the arrival of their military sup- port, found themselves outflanked. Gardai at check points are said to have waved a taxi with two sus- pects through more than one check point. Finally, the arrangements for the detention of potentially unwill- ing suspects at Tipperary Garda Station were inadequate. The con- clusion to be drawn from this is that the Gardai's methods of oper- ation reveal deficiencies in organ- isation which may well be traced ultimately to the inadequate train- ing of the force. We have commented before on the need to implement the Report on Probationer Training in the Garda Siochána. It has lain on the desks of Ministers for Justice in two suc- cessive governments for far too long. The production and imple- mentation of the Report on Officer Training needs to be expedited. Hopefully, the fact that the new Commissioner was a member of Icontd. on p. 287)

Severe criticism, much of it gross- ly unfair, has been levelled at the performance of the Gardai in their hunt for the kidnappers of the un- fortunate Mr. John O'Grady. We have been treated to the curious spectacle of the Minister with jurisdiction over the Gardai joining in the criticism while, at the same time, The Irish Press was calling for resignations in the wake of the matter. In other countries it would have been the Minister himself who would have been offering to resign. Unfortunately, perhaps, we have not established a tradition of Ministers accepting the Truman Doctrine that "the buck stops here" and so the Minister, as with a number of his predecessors on equally embarrassing occasions, felt no pressure to go. That there have been failures in the course of the operation cannot be denied - but there have been far greater successes - the victim was rescued alive as a result of the courage of two ordinary Gardai, one of whom has paid a severe price for his bravery, and a number of persons have been located and charged, all as a result of ordinary foot-slogging police work - investi- gation and follow-up. When we look at the cause of the failures, let us not be too readily impressed with the calls for "more and better resources". "Resources" is a code word with two main meanings:- 1. expensive equipment and tech- nology, and 2. more overtime. With hindsight, the Conroy Commission's recommendation of overtime which brought short-term industrial peace to the force has, like so many other short-term solu- tions to industrial relations maladies, proved to contain the germs of a worse disease. The time has come to reconsider seriously the.approp- riateness of a rigid overtime system in a police force such as ours. That is not to say that Gardai should not be adequately rewarded for com-

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Practice Notes

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Social Welfare Payments and the Assessment of Damages in Civil Actions Law Reform Commission - Conveyancing and Land Law Reforms Debenture — Attestation of Company Seal

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287 291

Annual Law Services

Book Review

295

In Brief 295 Professional Information 297

Executive Editor: Mary Buckley

Editorial Board: Charles R. M. Meredith, Chairman John F. Buckley Gary Byrne Daire Murphy Michael V. O'Mahony Maxwell Sweeney Advertising: Liam 0 hOisin. Telephone: 305236 307860 Printing: Turner's Printing Co. Ltd., Longford. The views expressed in this publication, save where otherwise indicated, are the views of the contributors and not necessarily the views of the Council of the Society. The appearance of an advertisement in this publication does not necessarily indicate approval by the Society for the product or service advertised. Published at Blackhall Place, Dublin 7. Tel.: 710711. Telex: 31219. Fax: 710704.

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