Seanad debates

Wednesday, 16 April 2014

Commission of Investigation (Certain Matters relative to An Garda Síochána and other persons) Order 2014: Motion

 

4:30 pm

Photo of Hildegarde NaughtonHildegarde Naughton (Fine Gael) | Oireachtas source

I propose to share time with Senator Paul Coghlan. I welcome the Taoiseach to the Seanad to discuss this vital issue. Whatever criticism, both valid and otherwise, has been levelled at Government in the past months about its response to the various issues surrounding the Garda Síochána, it is to the Taoiseach's credit that when he took the decision to set up a commission of inquiry under the auspices of Mr. Justice Fennelly, he proposed terms of reference that are comprehensive and exacting in nature. I also welcome the fact that the Taoiseach has involved the chairperson of the commission in the drafting of the terms of reference to ensure he has the requisite tools to perform his task. The only criticism levelled to date is the length it will take the commission to report. However, eight months is not a long time to get to the bottom of the very serious issues involved. No one would be in favour of a truncated inquiry that did not deliver comprehensive answers to very troubling questions.

I particularly welcome the Government's decision to ask Mr. Justice Fennelly to report on the Garda's handling of the Sophie Toscan du Plantier murder investigation. Given what the Secretary General of the Department of Justice and Equality has said about the content of the recorded telephone conversations in Bandon Garda station during the investigation, the various other accusations levelled and the rumours abounding in public and in private, the results of Mr. Justice Fennelly's investigation will make for very difficult reading. The saga has dragged on far too long and it is positive, no matter what the outcome, that the Government is willing to get to the bottom of it.

I know that the Taoiseach is willing to listen and while I have the opportunity it would be remiss of me not to, in a constructive way, suggest that, in addition to the very welcome announcement of a new Garda authority, a few other matters relating to An Garda Síochána could be considered. Has the Taoiseach considered the method by which gardaí above the rank of inspector are appointed? I fully accept that, historically, it was necessary for senior members of the national police force to be committed to the Free State and, therefore, a certain degree of political oversight in promotions was required. I understand, however, that two years ago the Government made a decision to civilianise the human resources element of An Garda Síochána. This decision should be activated immediately as it will go a long way to bringing transparency to the appointment and promotion process within the organisation. In the light of recent events, it would be a welcome move in terms of ensuring transparency.

Has the Taoiseach considered whether the new authority could be mandated to investigate whether the Garda requires what the Defence Forces term an "officer corps"? While I recognise the value of coming up through the ranks, this pathway can result in an element of institutional inertia and a lack of new thinking. It is also the case that the current system of promotion through the ranks can be seen to be, even if it is not so, a form of favouritism or clientèlism.

I fully support the terms of reference outlined and the Taoiseach's firm resolve on the issue. While nobody has emerged particularly well from recent events, bar the two Garda whistleblowers, perhaps, in the end, some good might come of it.

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