Oireachtas Joint and Select Committees

Wednesday, 20 November 2013

Joint Oireachtas Committee on Public Service Oversight and Petitions

Garda Síochána Ombudsman Commission Special Report and Annual Report 2012: Discussion with Garda Commissioner

5:05 pm

Mr. Martin Callinan:

I am obliged, Chairman. Thank you for your iteration. I thank the Senator and the Deputy for their questions. I appreciate what they have said to me in respect of the language issue. An Coimisinéir Teanga has been in contact and we are trying hard to address some of those issues. The attrition rate in recent times has been considerable and we are doing our best to upskill people in terms of the Irish language. It is a work in progress.

The Senator referred to 30 days. I would love to be able to report to the committee that everything is as smooth as silk but there will always be issues and tensions. I have said it already and I do not like to repeat myself in view of the Chairman's remarks, but there will always be issues and problems. Our job, having brought the office back to a central point of contact, means that we are able to take a closer and more hands-on approach at the level of chief superintendent and superintendent to monitor peers, colleagues and subordinates to ensure that we move the process on. There are issues and problems but we are working through them.

The new protocols that the committee referred to provide for a range of exchange. Reference was made to the question of trust and confidence. It is the situation that we do have trust and confidence in the Garda Síochána Ombudsman Commission. However, what I was speaking about earlier was my personal obligation as the holder of the intelligence and the necessity to have the reassurances that I now have, contained in the new protocols, which I did not have previously. We have had one or two problems in the past. I am a firm believer in parking it, moving on and learning from the lessons of the past. Let us hope that I do not have to be in a position to come back to the committee and try to explain again what is happening.

The Chairman spoke about regretfully having to highlight issues that are still ongoing. My job and the job of my officers is to work through all the protocol arrangements line by line. It is precisely a protocol not a statutory instant; it is an arrangement that grew out of the primary legislation, a mechanism to provide for the type of co-operation that we are all striving to achieve.

I have said it publicly and I am saying it to the committee this morning that my remit is to ensure that I protect the information and intelligence that I have within An Garda Síochána, that I act responsibly, that I am human rights compliant and that I am complying with the law and the duty of care. Otherwise, we will have bodies lying all over the country.

Do we not know, from well-publicised nefarious activity both on the subversive side and on the criminal side, the view that people take of informants? We have a long tradition in this country and consequently I must ensure that when I am handing over materials, they are properly catered for. Moreover, under section 103 there is a responsibility on the Garda Síochána Ombudsman Commission, which is required to provide updates to people, including myself, on the progress of its investigations. If one is dealing with an informant, for instance, and allegations being made from that informant about the conduct of the Garda Síochána, we must be very careful in how we deal with that. This is treacherous territory to be honest and we must be very careful in how we handle it. It is not a question of a lack of trust, it certainly is a question of trust and confidence. I now have in place sufficient comfort that I can deal with this on a regular basis. Let us hope we will be able to improve on matters but there will always be tensions. I would not pretend to appear before the joint committee and tell members that everything is rosy in the garden; it is not. These are things at which we must work very hard to ensure we get them right. However, my job and the job of my officers is to ensure that we provide the type of co-operation that is required for the Garda Síochána Ombudsman Commission, GSOC, people to conduct their investigations. That is the goal; that is where we are going.

The Senator also mentioned the level of complaints and whether it is exorbitant. I believe the Garda Síochána Ombudsman Commission would be better positioned to talk about other jurisdictions but the only point I would make is it is reducing now. The ombudsman commission has indicated to us that it plans to do a piece of work on analysing the reason this is the case. As to whether it is a lack of confidence in people or whether we are more compliant, I just do not have the answer. I would like to think it is compliance within An Garda Síochána and ensuring we are doing the right thing. I hope that is the case.

As for committing resources to the process, it is the case that I am required by law to assist the Garda Síochána Ombudsman Commission and so I have no choice but to provide that assistance. As to whether I would wish it were different, yes I would. This is because a constant stream of complaint arriving on my table is the amount of time and energy that is expended by my senior officers engaged in the process of assisting the ombudsman commission with these investigations. There members have it. I would dearly love to see a situation in which my officers could concentrate on other matters but the law is the law and we will comply. Moreover, we are happy to engage and are happy to do our best to ensure that we provide as best a service as we can for the Garda Síochána Ombudsman Commission because after all, if there are people who are transgressing, no one wants that. I certainly do not want it as Commissioner and I am sure the public and members of this joint committee, who are public representatives, do not wish to see this happening either. I believe I have covered the other matters. Is the Senator satisfied with that?

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