Oireachtas Joint and Select Committees

Wednesday, 3 July 2013

Joint Oireachtas Committee on Public Service Oversight and Petitions

Garda Síochána Ombudsman Commission Reports: Discussion

5:05 pm

Photo of Mick WallaceMick Wallace (Wexford, Independent) | Oireachtas source

I do not know whether to throw the members of the press out of the meeting. What are the view of our guests from GSOC on adding to the definition of serious harm in order that it would mean injury that amounts to torture or inhuman or degrading treatment and would also refer to sexual assault?

On the repeal of sections 74(1)(a) and 74(4) and the amendment of section 74(3), which relate to the removal of a member of An Garda Síochána, gardaí serving in GSOC and no secondment for serving gardaí in GSOC, I understand that there are two superintendents working in GSOC and that their presence is required in order that it might access the PULSE system. The notion that GSOC does not have power to access that system is just outrageous. I imagine our guests are very much of the same mindset as I am in this regard. This seems strange because, from the point of view of the public, the idea of gardaí working within the commission does not really add up. Perhaps our guests do not agree but that is the impression we obtain from many of the complaints we have received in respect of this matter.

On the question of section 87(4)(b) of the principal Act being amended via the substitution of the phrase "at any time before or after" for that of "at any time after", this obviously relates to a situation where a case might be brought against a garda who retires before he can answer the charges. Our guests will state that if such a person is no longer a member of the force, then there is only so much it can do in respect of charging him. If the matter involved is criminal, I know there are ways of dealing with it. If the garda in question is accused of causing serious harm of any sort to a complainant, does the commission have the power to hold him to account?

What are our guests views regarding amending section 87, which relates to the admissibility of complaints, to cater for the inclusion of the Garda Commissioner and thereby making him answerable to GSOC if a complaint is made against him?

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