Niall Collins (Limerick, Fianna Fail) | Oireachtas source

I move amendment No. 2:

In page 3, between lines 14 and 15, to insert the following:“2. Section 67(2) of the Principal Act is amended by the insertion of the following paragraph after paragraph (h):

“(i) to hold the Garda Commissioner responsible, in his capacity as the Commissioner of An Garda Síochána but not in his capacity as head of national security, for the operations of An Garda Síochána.”.”.

This amendment would bring the Garda Commissioner under the remit of GSOC. Much of the commentary on GSOC has related to its ability to hold all members of An Garda Síochána properly to account. It is fair to say that GSOC's independence and ability to operate are hindered when it cannot hold to account the head of the organisation which it is charged with overseeing to the same extent of other members. If GSOC is to be seen to be totally independent, the Garda Commissioner, as head of the Garda, should be subject to the same level of scrutiny as every other member of the force. The amendment excludes national security issues from such oversight, which I think people would accept. The legislation gives powers to the Minister to direct GSOC to investigate certain activities of the Garda Commissioner, which raises the prospect of political interference by a Minister or Government. This amendment would permit a clean break.