Timmy Dooley (Clare, Fianna Fail) | Oireachtas source

I thank Deputy Wallace for introducing this detailed Bill, the principles of which I broadly welcome. There are just under 13,500 members of An Garda Síochána working to keep the peace across this country. Their hard work and dedication down through the decades has kept the country safe from the scourge of criminality, the threat to usurp the democratic stability and security of this State in the name of republicanism and the forces of violence that would plunge this country into chaos. As a primarily unarmed forced, it has achieved a level of co-operation and respect from the community which, I believe, is envied across the globe.

For me, the force represents a critical institution of the State, committed to protecting citizens and upholding the highest standards of justice. It is at times nauseating to listen to some members of Sinn Féin berate and praise the force, in equal measure, in this House. In this regard, one has only to look to recent history and the impact of the murder of Detective Garda Adrian Donohoe on society and the force. It is without doubt that the vacuum of lawlessness across the Border created by Sinn Féin and some of its supporters allowed such a heinous crime to be committed, with little chance of the perpetrators ever being brought to justice. Members of An Garda Síochána can take immense pride in their accomplishments and their proud historic record. It is a tradition that it has kept even in the midst of severe cutbacks and unprecedented financial and logistical pressures.

During the past two years, the thin blue line has been stretched even thinner by the Government as it systematically dismantled the security infrastructure of this State through the whittling away of Garda numbers and the closure of stations across the country. I am all too familiar with the extent to which both have impacted on people from County Clare, which I represent, to the suburbs of Dublin. The erosion of Garda vehicles and the depletion of the logistical support have all made the task of An Garda Síochána that much more difficult and tougher. They now face an even more complex and complicated criminal mindset. Despite these challenges, the dedication of members of An Garda Síochána remains widely respected as it continues to fulfil its role in our society. The sensitive and special position of the police in any democratic State requires a delicate balancing act to ensure it enjoys public support, is subject to genuine accountability and is capable of carrying out its duties in keeping the peace.

A number of instances during the past few years have illustrated the need to reform the system of accountability in Ireland to ensure that the force continues to enjoy popular respect and the vital support of the public. It is axiomatic that power without accountability corrupts. We have paid the price for this in the country across too many areas. It is vital that An Garda Síochána is fully scrutinised and held to account. I say that in the full belief that any further work in this regard will seek to strengthen the force, ensure its members retain the respect so hard fought for down through the years and ensures the premier role of An Garda Síochána as a police force. I believe that the Government cannot be the sole guardian of this crucial role. The power must be effectively diffused to ensure that the work of the force is fully opened up to the light of transparency.

The expansion of the role, remit and investigatory powers of the Garda Síochána Ombudsman Commission is a welcome measure to copperfasten public faith in the Garda Síochána. The recently unseemly dispute between the Office of the GSOC and the Garda Commissioner illustrated for me the need for a constructive working relationship between the force and that particular body. A breakdown in relations between the GSOC and An Garda Síochána is unsustainable for the maintenance of public trust in the justice system. It is important that the resources of the Garda Síochána are adequate to ensure it is not stifled by the burden of paperwork and administration and is capable of sufficiently dealing with the issues raised by the GSOC.

From a Fianna Fáil perspective, steps towards strengthening the role of the Ombudsman and clarifying its relationship with the force are welcome. Expanding the remit of the Ombudsman to encompass an investigatory role independent of complaints is a measure which I believe will enable it to fulfil its role in upholding the public interest. The public interest is vital in terms of the relationship between it and An Garda Síochána. In my view, the Ombudsman should be empowered to undertake investigatory action to tackle any latent or growing concerns. There is little doubt that some members of An Garda Síochána believe that some of the complaints against them are frivolous, vindictive, unfair and unnecessary. Some of these actions do tarnish the reputation of individual members. It is important there is respect by An Garda Síochána for the Ombudsman and that it can be assured that complaints will be investigated thoroughly and fairly and will not be done in a way that seeks to in any way diminish the work of the Garda Síochána. I know from personal experience the difficult and important work gardaí do and of their concerns in regard to false allegations, in terms of how they react to a particular event, being made against them.

The challenges facing the Garda Síochána should never be under-estimated. These are no different to those faced by other professionals, be they doctors, firemen, nurses and so on. There are occasions when a garda can make a wrong call. Where this happens the reputation of the garda should not be denigrated. This is what lies at the heart of much of the concern of the police force of this State, whose members seek to do their job in a thorough and professional manner.

All of us accept that we sometimes make a wrong call or take the wrong decision. In light of the events of the past week, this may apply to some Members more than others.

A strong Garda Síochána Ombudsman Commission should be empowered to undertake investigative action to tackle any latent or growing concerns. This is the kernel of the issue. Clarifying time limits and enhancing the responsiveness of the Garda is a critical part of creating a fully functioning independent Garda ombudsman in which members of the public will have faith. The recent dispute between the Garda Síochána Ombudsman Commission and Garda Síochána over response timelines cannot be allowed to fester and grow to the detriment of public trust in the system.

I caution that the significant increase in the powers and duties of the Garda Síochána Ombudsman Commission require a corresponding expansion of its resources to ensure it can fully conduct its work. Difficulties arise when organisations are not provided with resources commensurate with their powers. It is also necessary to ensure the Garda Síochána is fully resourced because gardaí are often stretched to an inordinate degree and sometimes work far beyond the call of duty. On occasion, this makes it difficult for individual gardaí to make the correct judgment. For this reason, the police force must be resourced adequately to enable members of the public to expect the outcomes they deserve. A further burden is being placed on the already strained resources of the Garda Síochána.

We cannot reasonably expect bodies to do more with the same resources. In the case of the Garda Síochána, it has fewer resources as a result of the cuts it has endured. If we are undertaking meaningful reform, the Garda must receive sufficient resources to implement required changes. To do otherwise would be to engage in a form of window dressing that would detract from the Garda's fundamental duties to keep the peace, to protect the security of the State and to bring those who deserve to face the rigours of the law before the justice system.

After a false dawn earlier this year, yesterday's announcement that the Minister is reopening Templemore must be taken with a large pinch of salt. Nevertheless, it is a welcome step towards ensuring we have access to sufficient Garda personnel to carry out the tasks of the force. Regardless of what safeguards and oversight mechanisms are put in place, an underresourced police force struggling to carry out its basic task will not enjoy public support.

The idea of a new independent board to assume much of the responsibility currently exercised by the Minister is a welcome step towards the effective depoliticisation of the police force. Similar to the reinvigorated Garda Síochána Ombudsman Commission, the creation of an independent board insulates the force from undue political interference, which would critically damage the central role of the concept of policing by consent. It is important that the independence of the board is fully respected. It must not be transformed into a glorified proxy for the Minister. In the past two and a half years, the Government has displayed blatant cronyism in its appointments to the boards under its control. The safety checks inserted in the Bill to ensure a diffusion of power must be maintained if the board is to be truly independent.

The role of the board in joint policing committees is especially important. As other speakers noted, community policing starts in the community and must enjoy the co-operation of local people. A strong link between the Garda and local communities through the forum of local government is important and should be further developed. Accountability, co-operation and responsiveness of the police force to its respective local area should be reviewed by the board and advanced to give a meaningful role to local representatives and organisations. The joint policing committee structure forms the bones of an effective mechanism to engage local communities in one of the most basic duties of the State, namely, to protect its citizens.

At a time when Garda stations are being closed and sold off, elderly people are living in fear of the threat of rural crime and resources are being stretched to breaking point, it is increasingly important that neighbourhoods feed into the Garda Síochána's work to ensure successful outcomes and the prosecution of the perpetrators of many of the crimes that bedevil our communities. At the same time, the Garda must uphold the highest standards of human rights in keeping with the democratic nature of the State it protects. A code of practice that enshrines these rights should be at the heart of the operations of the force. Citizens should know that their police force is based on these guiding principles. A new code that sets out the basic operating principles, one which has been reviewed by the board and Garda Síochána Ombudsman Commission, will help ensure that public trust in the Garda, which is a key theme of all reforms, is maintained.

The relationship between the Garda Commissioner and Minister is one of the most sensitive in the State. The exchange of confidential information and strategic discussions concerning individual citizens and the broader security situation are a crucial part of their working connection. The recent furore over the Minister's breach of trust with the Commissioner exposed the fragile nature of this relationship. Revelations on air on a television programme targeted the proposer of this Bill, Deputy Mick Wallace, and illustrated a failure by the Minister to uphold the basic integrity of his working role. The Minister's actions were nothing less than a betrayal of his ministerial seal.

Placing the power of appointment with the board marks a departure from the direct ministerial oversight the Minister has shown himself incapable of properly conducting. Diffusing power from the Minister and vesting it in an independent representative board will radically transform this relationship. The Garda will suffer if members of the public perceive that the Garda Commissioner is being exploited for crude political gain by the Minister. This scenario must be avoided.

Recent years have been extremely challenging for the Garda Síochána. However, members of the force have risen to the task with admirable determination despite the significant cuts they have had to endure. As legislators, we have a duty to ensure the Garda is capable of continuing to do so and ordinary gardaí struggling to carry out their duties are given the fullest possible support. One element of this support is the institutional framework of oversight and scrutiny that ensures members of the public have full faith and trust in the Garda Síochána. It is through policing by consent that the peace is kept and the Garda is able to do its job. The Bill proposes a series of measures which will assist in copperfastening public trust and securing the basis for policing by consent.

In light of the controversies into which it has slumped, the Government is obliged to ensure the highest standards apply in its dealings with the Garda Síochána and its crucial and critical role in the State is subjected to full scrutiny.

It is vital that the work of the House, in framing legislation and introducing measures to strengthen the role of the Garda Síochána and addressing important issues of transparency, is done in co-operation with the Garda Síochána and in an understanding of the environment within which many gardaí work. As I noted, many police officers work in extraordinarily difficult circumstances, with limited back-up and resources. On occasion, they work longer hours than they are paid to do. We must frame the relationship between the Garda Síochána and Garda Síochána Ombudsman Commission in a manner that takes cognisance of this. I do not know any member of the Garda who does not want wrongdoing in the force weeded out at the earliest opportunity and with the greatest haste. As with any other citizen, the perpetrators of wrongdoing in the Garda must be brought to justice. Those who are found to have been criminally negligent or to have engaged in criminal activity must be removed from the force and subject to the full rigours of the law. This is a fundamental aspect of ensuring that the good men and women of the Garda who work so diligently are protected and supported in their job.

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