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

I thank Deputy Collins for his amendment. He is correct in the first instance that the core function of GSOC is to investigate complaints made against the members of the Garda Síochána. As things stand, however, GSOC cannot investigate a complaint made against the Garda Commissioner. Section 7 of this Bill changes the position by inserting a new section into the Garda Síochána Act 2005 to bring for the first time - it is important, Chairman, to emphasise this very significant change - that for the first time the Garda Commissioner will be brought within the remit of GSOC. In addition, section 10 of the Bill amends section 106 of the 2005 Act to allow GSOC to examine, of its own volition, any practice, policy or procedure of the Garda Síochána for the purpose of preventing any complaints arising in respect of those practices, policies or procedures. The Minister believes the changes provided for in sections 7 and 10 are important and will significantly enhance the capacity of GSOC to carry out its functions.

The effect of the Deputy’s amendment is to include among the functions of GSOC a requirement to hold the Garda Commissioner responsible, in her capacity as the Commissioner of An Garda Síochána but not in her capacity as head of national security, for the operations of An Garda Síochána. The Minister is not sure if this was intended on the part of Deputy Collins, but one of the consequences of his amendment would be to make the Commissioner generally responsible to GSOC for policing matters even though such matters fall outside the functional and operational remit of GSOC.

In this context, Deputies will be aware that the Minister has published the general scheme for the establishment of the proposed independent policing authority, which, among other things, will be charged with providing oversight of the Garda Síochána in respect of the provision of policing services. The Minister believes that this is the approach that should be adopted, and the establishment of the policing authority is a major element of the Government programme of criminal justice reform. The scheme has been the subject of scrutiny by the Joint Committee on Justice, Defence and Equality and the Bill is being prepared on a priority basis. The Minister looks forward to publishing this legislation and bringing it before the Oireachtas as quickly as possible.

In all the circumstances, the Minister cannot accept the Deputy’s amendment and would ask him if he might withdraw it.