Oireachtas Joint and Select Committees

Wednesday, 21 September 2016

Joint Oireachtas Committee on Justice, Defence and Equality

Garda Síochána Ombudsman Commission

9:00 am

Ms Justice Mary Ellen Ring:

We are not saying we should not be looking into matters of discipline. We are asking whether everything should be about discipline. If somebody is rude, should we invoke a disciplinary process? I suggest it would suffice for the person involved to say "I am sorry, I was under pressure. I should not have said it, I will not do it again". I would be in favour of that kind of response. Does it have to become a disciplinary issue? When there is a bad interaction that is simply due to the pressure of work, does it have to become a formal process? We all accept that traffic policing is difficult for gardaí and for those being dealt with. We are looking at resolution of matters. Does everything have to be an issue of discipline? Informal means of disposing of matters are being considered throughout the justice area in total. Restorative justice is seen as having a place, although obviously not in every case. We are not saying this should be done across the board. Other forms of resolution are now accepted as meeting the needs of the community and the needs of the people involved generally. There has to be a formal process of discipline. That is ultimately a matter for the Garda Commissioner. Does everything have to be about discipline? Can we resolve matters in another way? As I have said, there is a provision for mediation in the legislation in the North, which is not that different from the Southern jurisdiction. In the majority of cases, people interact with the police in the North in a good way. The same thing applies in the South. If informal resolution and mediation is possible, in addition to discipline, what is wrong with exploring it?

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