Lynn Ruane (Independent) | Oireachtas source

We oppose section 26 of the Bill, which provides for the appointment of the Garda Commissioner, in its entirety as its inclusion in the Bill risks politicising the office of the Garda Commissioner. It is a retrograde step without any evidentiary justification and we are unclear why it has been taken.In recent years, the independent Policing Authority has had a strong role in the appointment process, running the competition and nominating the Commissioner for appointment by the Government. The Bill proposes to reverse this to a Government appointment merely in consultation with the authority and the board.

GRECO, the Council of Europe body for the prevention of corruption, recommends the independent appointment of the chief of law enforcement agencies, given the political appointment of the chief can pose a corruption risk. In the UK, chief constables are appointed by police and crime commissioners, the equivalent of the Policing Authority. While an argument can certainly be made that there is a difference because the Commissioner is also head of the security service, this did not appear to be especially problematic in the nomination of the current Commissioner by the Policing Authority. It is our view that the nomination of the Garda Commissioner by the authority must be preserved to ensure the Commission is independent of the Government. Additionally, it runs the risk of disempowering and undermining the independence of the authority, a key body in promoting ethical and effective human rights-based approaches to policing.