Niall Collins (Limerick, Fianna Fail) | Oireachtas source

I move amendment No. 1 to amendment No. 1:

To delete all words from "the investigation" down to and including "reasonably practicable", and substitute the following:

agrees that the terms of reference of the inquiry into the recent Garda Síochána Ombudsman Commission controversy should be agreed by Dáil Éireann, that the Judge appointed should be allowed to extend the terms if he deems it appropriate and the report should be immediately placed before Dáil Eireann when it is completed".

This is an opportune point in time to recap some of the events that have happened over the past days. This is day nine of the controversy and everybody was hoping this week would ultimately see some form of light at the end of the tunnel so we could move on. Behind everything going on there is a fundamental concern for all of us as the two major pillars of the justice system, An Garda Síochána and the Garda Síochána Ombudsman Commission, GSOC, have been under a sustained spotlight by all of us for the wrong reasons. We all want a strong Garda Síochána and ombudsman, and we want to work with them as best we can.

Part of the ongoing narrative for the past nine days was the creation of sides. We have had to decide our sides, and whether we are on the side of GSOC, the Garda Síochána or the Minister, but we are all on the same side. Members of An Garda Síochána have been in touch with me, as I am sure they have with Deputies around the House, airing their concern about what broke in the newspapers last Sunday week. I am sure the staff of GSOC are concerned as well, so we should pull together to sort out the issue. Unfortunately, nine days on the controversy is still raging. Today's announcement, which must be fleshed out, is a little underwhelming to say the least. I will get to that in a moment.

The tone of the narrative from the past couple of days was set by the Taoiseach, who stated on the airwaves that GSOC had to level with the Minister. That was most disappointing. We then had the public expression of regret by GSOC, having paid a visit to the Minister's office, and that served to undermine GSOC's independence. I asked Mr. Simon O'Brien about that at last Wednesday's committee meeting and the public perception was that the body's independence was undermined. That is also on the record. The Garda Commissioner sought public clarification arising from a GSOC statement early in the controversy before the Garda Representative Association and the Association of Garda Sergeants and Inspectors sought the resignation of the ombudsman. It was all very unseemly and neither the public nor any of us liked it. Much of the narrative, particularly that coming from the Government, was unhelpful, as I stated.

I compliment the three-member Garda Síochána Ombudsman Commission. They came before the committee and were very impressive in their forthrightness. They have a very difficult job and must be supported at every opportunity by legislators. That is true for every independent office established by way of statute in the State. I hope we will not see a repeat from any Government of what has happened over the past number of days, which has seen an attack on this body's independence, with the Taoiseach publicly carpeting GSOC.

GSOC made a number of valuable interventions in the week's debate, and there have been three or four appearances on "Prime Time". Mr. Kieran FitzGerald came in as an honest broker and the Minister quoted him in his contribution. The Minister spoke last Thursday evening on "Prime Time" and should have expressed confidence in Mr. O'Brien. The Minister indicated the following day in Templemore that he would express confidence in the three members of the commission as a whole but when the public watches such issues, first impressions stick. It is regrettable for the Minister for Justice and Equality not to express confidence in the chairman of the commission.

We must remind ourselves that this comes against the backdrop of GSOC having had to take to the airwaves over the past number of months seeking an increase in the powers available to it under the Garda Síochána Act 2005. It was amazing to listen to Mr. FitzGerald and Mr. O'Brien taking to radio and television calling for necessary increases in powers and those pleas falling on deaf ears in the Department. Why should they have to take to the airwaves to articulate concerns about legislation and allowing them to do an effective job? If they had asked through official channels, a positive response was not forthcoming. That is the only conclusion anybody can draw.

Today we published a Bill which would do exactly what GSOC has sought over the past number of months. It would provide scrutiny and oversight of the Garda Commissioner as chief of police. He is already accountable to the Committee of Public Accounts for the financial side of the operation. The legislation would allow serving members of An Garda Síochána to refer matters directly to GSOC, an act that is currently prohibited. It would also give the commission access to the PULSE system, which it does not have. It is ironic that the commission has full powers of inquiry under the legislation but it has limited access to PULSE.

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