Oireachtas Joint and Select Committees

Wednesday, 28 May 2014

Joint Oireachtas Committee on Justice, Defence and Equality

Garda Oversight: Discussion (Resumed)

3:05 pm

Baroness Nuala O'Loan:

There are a number of models that could be examined. If I may, I will return to the Deputy's previous question. I do not think it is enough to deal with bullying and harassment of whistleblowers. One must also have a function which deals with turning a blind eye - the blue wall where nothing happens when somebody does something.

With regard to oversight, my understanding would be that GSOC is responsible to the courts by way of judicial review. It must be responsible to the Dáil. There would be a requirement that one does not second-guess the process of criminal investigation and such matters, but I believe parliamentary accountability is the best process for calling to account an organisation such as GSOC. At present, as I understand it, GSOC reports to the Minister for Justice and Equality, and that is where the accountability lies. To my mind that is too close a relationship and there is not sufficient independence for the Minister or for GSOC in that arrangement. There is also not sufficient power for Parliament. I suggest that there should be a reporting to this committee, perhaps, or to whatever committee is considered appropriate, as well as the responsibility to the courts and to a freedom of information commissioner. There will be a raft of other levels of accountability also where GSOC is making decisions that might be challenged through other legal processes.