Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I am pleased to attend the committee to discuss the nomination of Ms Justice Mary Ellen Ring for appointment by the President to the position of chairperson of the Garda Síochána Ombudsman Commission. I believe that Ms Justice Ring will be an excellent chairperson of GSOC. The Government is proposing Ms Ring to fill the vacancy of chairperson of the ombudsman commission arising from the resignation of the previous chairman, Mr. Simon O’Brien, at the end of January. Mr. O'Brien resigned to take up an appointment as chief executive of the Pensions Ombudsman Service in the UK. He had been appointed chairperson of GSOC with effect from 13 December 2011, together with Ms Carmel Foley and Mr. Kieran FitzGerald, as members for a period of five years.

The Garda Síochána Ombudsman Commission was set up under the Garda Síochána Act 2005 to provide a system for receiving complaints and dealing with allegations of misconduct by gardaí. The ombudsman is required to carry out its investigations in a manner that is efficient, effective and fair to all concerned and to promote public confidence in the process for resolving these complaints. Independence is the cornerstone of GSOC’s existence and is statutorily guaranteed. Consequently, its investigators are given similar powers to those given to Garda members, including the power to arrest, detain and question. In addition to investigating complaints against Garda members, GSOC may also initiate investigations in the public interest, including in situations where no complaints have been made.

I recently laid the GSOC annual report for 2014 before both Houses of the Oireachtas. The year 2014 was a particularly challenging year for GSOC in which it was the subject of much political and media commentary and some controversy. Notwithstanding these pressures, 2014 was also a busy year for GSOC. The annual report states that GSOC received 11% more complaints in 2014 over 2013 and concluded 8% more cases in 2014, compared with 2013. I have discussed on previous occasions with the Opposition spokespersons the question of the co-operation between the Garda Síochána and GSOC. I was particularly pleased to note that there was a marked improvement in efficiency, in dialogue and co-operation with the Garda Síochána. This would suggest that the revised 2013 protocols between GSOC and the Garda Commissioner are working. While there may be room for further improvements in the turnaround of investigations, I have every confidence that this is now a shared objective of both organisations. The powers of GSOC have been reformed and further reforms are included in the Policing Authority Bill. Section 65 of the Garda Síochána Act 2005 provides that appointments to the ombudsman commission are made by the President on the nomination of the Government and the passage of resolutions by Dáil and Seanad Éireann recommending the appointments. The section also states that a judge of the High Court, Court of Appeal or Supreme Court may be appointed as chairperson. The section further provides that where a judge is appointed to this role, he or she will not be required to carry out his or her judicial functions while chairperson of the commission.

The Government, at its meeting of 30 June 2015, decided to nominate Ms Justice Mary Ellen Ring to be chairperson of the Garda Síochána Ombudsman Commission following her nomination for appointment to the High Court. Ms Justice Ring was appointed a judge of the High Court by the President on Thursday, 9 July 2015. Her swearing-in ceremony before the Supreme Court took place on Monday, 13 July 2015. Ms Justice Ring has extensive experience as a practising barrister and as a judge of the Circuit Court which experience makes her very well qualified for the position of chairperson of the ombudsman commission. She has also served in positions on the National Crime Council between 1999 and 2005 and as chair of the Irish Women Lawyers Association in 2008. She has been a member of the Irish Penal Reform Trust and the Irish Council for Civil Liberties. I reiterate that I believe she will make an excellent chairperson of GSOC and I have no hesitation in recommending her accordingly. Ms Justice Ring will work alongside the other members of the commission, Ms Carmel Foley and Mr. Kieran Fitzgerald. I believe that the combination of the skills and experience of the three commissioners will provide the Garda Síochána Ombudsman Commission with strong and effective leadership.

Society looks to An Garda Síochána, the guardians of the peace, to create and maintain an environment where people can go about their daily lives free from threats of criminality. Where such criminality arises, we look to An Garda Síochána to investigate and bring the perpetrators to justice. This is an onerous task and to carry it out, citizens give powers to the members of the Garda Síochána, which are in some cases extensive powers, to carry out those tasks, including powers of arrest and detention. However, these powers, although used in challenging and often dangerous circumstances, must be exercised in a lawful and proportionate manner. Where there is a question about whether members have used those powers properly, they must be held to account. Therefore, it is vital that we fully address allegations of Garda misconduct or wrongdoing in the interest of maintaining public confidence in the Garda Síochána and in protecting the professional standing of the overwhelming majority of dedicated and conscientious members of the force. It is equally important that the public need to have confidence in the system of oversight of the Garda Síochána. That is the fundamental challenge for the Garda Síochána Ombudsman Commission which is a vital part of our policing infrastructure. It must secure and maintain the trust and confidence of the public and of the force. To do this it needs to be led by a team of skilled and competent commissioners. I believe that Ms Justice Ring will bring the appropriate level of leadership and skill and, together with her fellow commissioners, will ensure that the ombudsman commission will carry out its work effectively. On behalf of the Government I recommend Ms Justice Ring for appointment as chairperson of GSOC.