Sir, - Michael Farrell, co-chairman of the Irish Council for Civil Liberties, is up to the old civil liberties trick again of misrepresenting points which have been made in the debate on law and order sparked by the murders of Veronica Guerin and Jerry McCabe.
The Bill which includes seven-day detention for suspected drug dealers was not inspired by the killings, but was introduced much earlier this year by Minister for Justice Nora Owen in an ongoing battle to improve society's weaponry against the ruthless and wealthy drug barons and their couriers. The Minister made it perfectly clear at the time that the seven-day detention facility had two aims. The first was to allow time for nature to take its course in relation to the "stuffers and the swallowers" - those who swallow drugs and those who conceal them in the bodily orifices. The second intention was to allow the law enforcement agencies of the world some time to trace back the movements of those in detention - many drug couriers travel to several countries to cover up the origins of their supplies.
The powers are hedged about with several safeguards and are clearly designed to tackle hardened thugs - not to intimidate "confused and vulnerable people" in the emotive words of Michael Farrell.
Another misrepresentation occurs in Mr Farrell's reference to bail. Again no one is suggesting that bail will be refused to a first second or even a third-time offender. But jurisdictions all over the world do refuse bail to hardened repeat offenders on the grounds of the need to protect society. Tony Felloni enjoyed the full liberty of our crazy bail situation in spite of being hauled before the courts on several occasions by garda officers who could be forgiven for reflecting angrily on the asinine situation they were forced to endure.
Of course if the bail situation is changed, as seems likely at this point, we will need more detention places. That is part of the overall plan to combat crime and will have to happen if we are to make any serious inroads into the contempt felt at present by serious criminals for our criminal justice "system". It is accepted without question that trials should take place as quickly as possible once a suspect is in custody.
I don't accept Mr Farrell's contention that the debate on how to get to the root of the drug problem has been obscured. That debate is also ongoing and embraces the multi-agency approach which is seen on the ground in such programmes as GRAFT, KEY, etc. which are enthusiastically supported by many gardai. The need for more resources to be channelled into the inner-city areas in improved housing, education etc. is, and has been, accepted - perhaps if Mr Farrell's organisation spent more time campaigning on this issue they would be as successful as they have been in ham-stringing the fight against crime.
Nobody is perfect and there will always be a danger of miscarriages of justice. However processes have been developed to reduce that danger as much as possible. Since the major cases referred to by Mr Farrell we have had the Garda Complaints Act, the Regulations for Treatment of Persons in Custody and a tightening of internal garda disciplinary measures. None of the measures being proposed now will result in a suspension of those measures and all can contain additional safeguards to protect innocent persons.
In a cheap gibe Mr Farrell accuses me of getting "into a bit of a lather". I don't accept that my article had any "lather" about it, but on the other hand I make no apologies for holding strong views on society's right to defend itself against the murderers of Veronica Guerin and Jerry McCabe. - Yours etc.,
Editor, Garda News, The Association of Garda Sergeants and Inspectors, Phibsborough, Dublin 7.