Oireachtas Joint and Select Committees
Wednesday, 27 September 2017
Joint Oireachtas Committee on Justice, Defence and Equality
Recent issues relating to An Garda Síochána: Discussion
9:00 am
Ms Josephine Feehily:
I thank the Chairman for the opportunity to make an opening statement. When the chief executive and I last met this committee, a year ago almost to the day, the authority was just nine months old and I was largely looking forward, describing our first steps in establishing a framework to support the authority's statutory function of overseeing the performance of the Garda Síochána and describing what we might do in relation to a range of matters, including senior Garda appointments. I look forward today to giving you a flavour of what has been achieved in a year and nine months and perhaps of where we might be going next.
Turning first to performance oversight, which is our overarching function, given the very large number of potential areas of work for the authority, our approach to performance oversight has to be planned and disciplined as far as possible, based on a number of principles: to work in a way which is thematic with a view to bringing a focus and depth to each theme and to cover the breath of performance issues over time; to use the policing plan as an essential foundation document by setting priorities and setting performance targets which can to a large extent be measured and then examining progress monthly and to research sources of data, information and experiences which are external to the Garda Síochána, partly to help us understand our themes but also to enable the authority to bring depth to each theme and to provide a basis for a challenge conversation with the Garda Síochána if appropriate. We make overseeing the Garda response to the recommendations made by other bodies a central pillar of our work, for example, the committee may have recently seen our third report on the implementation of the recommendations in the Garda Inspectorate on changing policing in Ireland. As far as possible we try not to duplicate the oversight work of others, for example, the issues in respect of the Garda College.
The day-to-day work of supporting this approach is carried out at various levels of information gathering and engagement at official level; formal meetings of authority committees with senior gardaí and formal meetings of the full authority with the Garda Síochána at Commissioner level 11 or 12 times a year, five of which are in public this year. The persistence inherent in this framework, and the rigour it is bringing, represent a very big change for the Garda Síochána, for the Department of Justice and Equality and for oversight of policing more generally. Within this framework, for example, the authority held a planned meeting in public about roads policing in April last.
Another theme chosen by the authority’s policing strategy and performance committee in its work plan for this year was the area of the treatment of children by the Garda Síochána, as both victims, suspects and, indeed, as members of the public. Considerable work has been done in this area and I am aware the committee may wish to discuss this topic further.
Since we last appeared before the committee, the authority completed its work in developing and establishing a code of ethics for the Garda Síochána in the timeframe given to us in the Garda Síochána Act. The code was launched in January last by the Tánaiste and then Minister for Justice and Equality. In our approach to the code, we went beyond the statutory requirements and established a code for all those who work in the Garda Síochána. Having a code is only a first step, although an important one of which the authority is proud. It must now be embedded in all aspects of Garda work. While it is the responsibility of every person in the Garda Síochána to behave and work ethically, it is the responsibility of the Commissioner and Garda leadership to ensure the code is rolled out and embedded. We are now overseeing the development of a plan by them to embed the code and we will continue to drive its implementation.
The authority has a range of responsibilities with appointments in the Garda Síochána, all of which are specifically regulated either in the Act or statutory instruments, and all of which are different. For Commissioner and deputy commissioner, our role is to agree the requirements for the jobs with the Minister, to ask the Public Appointments Service to run a selection competition and to nominate one name from that competition to the Government for each position. Section 9 of the Garda Síochána Act sets this out.
For the ranks of superintendent to assistant Garda commissioner, inclusive, our role is to undertake competitions ourselves in accordance with regulations and to make appointments to sanctioned positions. The committee will be aware that previously the competitions were run by the Garda Síochána and appointments were made by the Government. Within the framework of the statutory instrument, the authority set about establishing selection processes which would be as transparent as possible, be confidential, meet the highest standards of fair procedures, be mindful of reports of perceived bias in previous selection processes and be in line with best practice in modern selection practices. In this context, we also had regard to audit recommendations made by the Commission for Public Service Appointments in 2015.
The authority set out the governing principles for appointments and its procedures in statements of practice and candidate information booklets which are publicly available. Copies have been sent to the committee for its information. Since this function was given to the authority in January this year, three assistant commissioners, six chief superintendents and seven superintendents have been appointed.
For other Garda ranks, the authority has several places on the promotion advisory council established by the Garda Commissioner. For civilian appointments at principal and above, we have a role in approving the numbers and job descriptions of such positions. The recruitment is the responsibility of the Commissioner and it comes back to the authority for appointment. To date, we have made five appointments ranging from principal to chief administrative officer. For Civil Service grades below principal, our only role with others, like the Department of Public Expenditure and Reform, is to approve the numbers and grades.
I have been made aware in advance that the committee may have some questions about the authority’s appointments function. I know the committee will appreciate that I cannot discuss anything relating to an individual candidate. I also need to be careful not to say anything which might, even by inference, appear to relate to an individual or to prejudice any future selection processes in which the authority might be involved.
These opening remarks are intended to give the committee a flavour of three significant areas of activity for the authority. There are many more and I know the committee will have questions. However, it is important that I end by underlining that oversight is not an end in itself and it is not a game of gotcha. It is about enhancing policing performance with a view to ensuring communities are safe, the country is secure and that the people receive the best possible service from the Garda Síochána. Community confidence and trust in the Garda Síochána remains strong. That is a tribute to the work of the women and men in the Garda organisation across the country.
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