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 will be brief. Some serious points have been made. We have to view them against the backdrop of the legislative change we introduced in 2014 when, in fairness, we raised many of the same points.

We were told by the Minister - who is now also Tánaiste - at the time that everything was fine and that the changes and improvements to GSOC's operation would make it fit to do the job the public thinks it should do, namely, hold the Garda to account and investigate complaints. What we have heard now is that this is clearly not the case. The Tánaiste and the Department are on record on multiple occasions as saying that the protocols have all been improved and are working brilliantly. We know that was not the case. The commission is saying that it has improved a bit but not by enough. That means the job is not being done. Our task is to decide whether we are going to push for this to be changed. That is the first thing. What I am hearing - I would like this to be made clear - is that the protocols are not being adhered to. GSOC cannot do its job because it is not getting the information. In fairness, the Commissioner said it, in particular with regard to the situation on whistleblowers. This is key to everything because the input from whistleblowers has actually been instrumental in raising the whole issue of Garda culture and accountability into the public domain in the first instance. Under the new system, there is no confidential recipient. GSOC is the confidential recipient and there are four cases at present which are not being dealt with. We are being told about the records, channels and not getting information. I make the point again that cases have been there for two years. Loyal members of An Garda Síochána have been off the payroll for over a year. They have families and their cases are not being investigated.

If the problem is a lack of both legislative power and co-operation, it must be dealt with as a matter of urgency. If it is not, other people will not come forward. I would like a confirmation that I am on the right track. I am sure I am. We have made these points before. This really serious and, in fairness to the commissioners, the onus is on us to take it forward.

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