Oireachtas Joint and Select Committees

Wednesday, 4 October 2017

Joint Oireachtas Committee on Justice, Defence and Equality

Recent Issues Relating to An Garda Síochána: Acting Garda Commissioner Dónall Ó Cualáin

9:00 am

Photo of Jack ChambersJack Chambers (Dublin West, Fianna Fail) | Oireachtas source

I thank the acting Garda Commissioner and his team for coming in to the committee and I wish him well in his new role. I also acknowledge the work of Assistant Commissioner O'Sullivan in what was a comprehensive report. As Deputy Brophy has said, it is important that the Joint Committee on Justice and Equality recognises and acknowledges the great work done across all levels of An Garda Síochána. Reference was made to the public attitudes survey and it is mainly positive. It is important that this is mentioned because it is difficult in a process of change when one has issues such as this to deal with. I reiterate and echo the comments made by Dr. Geoffrey Shannon about the sensitive and compassionate use of section 12. While changes can be made, one of my concerns when this committee engaged with Dr. Shannon was that sometimes, when there is an excessive analysis of this, there could be a reluctance to use section 12. It is important that members of An Garda Síochána continue to have confidence in using section 12. It has been found that gardaí have been using it appropriately. Tusla also needs to address some of its issues in respect of not following through and giving feedback to members of An Garda Síochána when they are dealing with particular matters.

I shall now turn to the breath test issue. In his report, Assistant Commissioner O'Sullivan referred to the over-ambitious scheduling of mandatory alcohol testing, MAT, checkpoints with local management as a factor in some Garda members inflating breath test figures. Mr. O'Sullivan's report states, "This examination has found that by failing to review the capacity to carry out the number of ... checkpoints which were being set down for front line members, management were intentionally or inadvertently applying pressure and that this was a contributory cause which lead to the discrepancy between the PULSE and Dräger breath test figures." Does this give some weight to the Garda Representative Association, GRA, line that there was some element of pressure? Why does Mr. O'Sullivan feel that management made over-ambitious scheduling of checkpoints? Will Mr. O'Sullivan tell the committee what was the reason or rationale behind that?

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