Dara Murphy (Cork North Central, Fine Gael) | Oireachtas source

I apologise on behalf of the Minister for Justice and Equality, Deputy Fitzgerald, for her inability to attend this meeting. The Minister appreciates this amendment is one of a series of changes to the 2005 Act recommended by the Joint Committee on Justice, Defence and Equality, which took the view that a single member commission would provide greater accountability and strengthen its position. She has considered the amendment carefully. There is, of course, more to the issue than merely a change to the number of commissioners. In particular, she is conscious of the advantages that flow from a three-person body.

In that context, the underlying rationale for the establishment of the three-person model was to facilitate expertise and experiences across a range of sectors. It was also considered to be of practical advantage that at least one commissioner would always be available to direct staff operations. The Minister is aware that at an operational level, GSOC views this as a significant advantage given its unpredictable working environment. Some of its most serious and sensitive cases have arisen at weekends or during holiday periods. Moreover, a three-person commission with a legally required gender balance and range of expertise conveys a strong public assurance that fairness and sensitivity are at the core of GSOC's approach at the highest level. It also helps that potential differences between an individual commissioner and key interlocutors do not impinge on the smooth and effective running of the organisation. It is accepted that until recently, the interactions between GSOC and the Garda Síochána have not functioned as effectively as they should but substantial work is currently ongoing in this area by both organisations. Finally, additional powers are in the process of being conferred on GSOC under the Bill.

In these circumstances, the Minister is reluctant to alter the current GSOC structure unless it can be shown that significant advantage would accrue from doing so. Deputy O'Brien will appreciate that serious consideration has been given to the amendment and the recommendations of the joint committee but I hope the Deputy will be in a position to withdraw his amendment.