Oireachtas Joint and Select Committees

Wednesday, 21 September 2016

Joint Oireachtas Committee on Justice, Defence and Equality

Garda Síochána Ombudsman Commission

9:00 am

Photo of Clare DalyClare Daly (Dublin Fingal, Independent) | Oireachtas source

I might come back in on a couple of things to start off. The profile of GSOC is much higher as a result of many of the Garda controversies over recent years. That is a good and a bad thing. The figures show that out of 2,000 complaints in 2015, which represented more than 5,000 allegations, roughly half were not pursued. That means that half the people who took their time and felt they had a genuine grievance did not get any comeback. I do not think they had a vendetta against the Garda but they were left unsatisfied by the process. One of the things Ms Justice Ring is highlighting and which we need to tease out is where that problem is. People are going to GSOC and are not getting what they feel is the accountability of the Garda. Much of it is to do with the system being set up in such a way that the Garda still investigates itself. That cannot be divorced from the bigger culture. The witnesses have proposed some legislative changes. Do they think there is a need for more?

Related to the change in attitude has been the role of whistleblowers. This is a function that has been devolved to GSOC under the new protected disclosures policy. What is Ms Justice Ring's opinion on it? From what I can see, there are enormous problems with its operation. I would like information on the number of Garda whistleblower cases GSOC is currently dealing with. We are aware of some of them. There are cases that were brought to the attention of GSOC more than two years ago which involve gardaí with young families and who are off payroll, have no income, have been emotionally stressed and have made allegations of bullying against Garda management. Despite this, after two years GSOC has not interviewed any gardaí. Is the problem a lack of resources, a lack of ability to hold the Garda to account or is GSOC not getting co-operation from Garda sources? How could something as serious as that go on for two years with nobody against whom allegations have been made being called in?

If Ms Justice Ring looks at GSOC's annual report, the sanctions applied to gardaí who misbehave are relatively minor. Out of the thousands of complaints, 19 were sent to the Director of Public Prosecutions, DPP, only two of which were pursued. That just cannot be. There is something wrong there somewhere. Those figures do not add up. When one looks at the sanctions, they are pretty minor. In the disciplinary cases, most people leave if they are in trouble. Fifteen people retired before something happened. It is not good enough.

Is GSOC aware of situations where people against whom complaints have been made are being promoted and moved up the ranks while the complaints are being investigated? Does Ms Justice Ring not think that this constitutes a huge cultural problem relating to people who want to speak out when they see those against whom complaints have been made being elevated? Does this not contribute to the difficulties involved?

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