Sandra McLellan (Cork East, Sinn Fein) | Oireachtas source

Quis custodiet ipsos custodes? is a phrase often used in legal circles and the judicial system. It means "Who will guard the guards themselves?" Simply put, the purpose of the legislation before the House is to answer this question by ensuring gardaí who do wrong in the name of the law are brought to justice. Sinn Féin has long called for greater oversight of the Garda and was among the first to call for an independent Garda ombudsman. In our view, it was necessary to establish an ombudsman's office similar to that which exists in the North. In 2005, for example, at the time of the Morris tribunal, Pat Doherty MP stated the following:

Many questions about serious Garda misconduct in all parts of the State remain unanswered.... This is a systemic problem we have to confront. It is long past the time for the establishment of the fully independent complaints procedure under a single Garda Ombudsman.

It is worth remembering in the context of this legislation that the Garda Síochána Ombudsman Commission was established for a reason. It came about as a result of considerable campaigning and debate following the revelations of the Morris tribunal. Following much public pressure, it was established with a view to being seen to do something about Garda reform. From the beginning, Sinn Féin's view was that the commission did not have adequate powers or the ability truly to assert its independence.

As early as 2008 Deputy Ó Snodaigh noted that there were delays in responding to and progressing complaints, failure to return calls, failure to adhere to the commission's timeframe commitments and failure to provide reasons for decisions, thereby undermining the credibility of the process.

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