Ms Justice Mary Ellen Ring:

In terms of the Garda Commissioner, in a general sense, one would expect the head of any police force not to be the subject of investigation. In so far as that has arisen, we have not had that difficulty here. If one is talking about an independent oversight body and a complaint is received or the Garda Síochána Ombudsman Commission decides it is in the public interest to carry out an investigation into personnel, including the Garda Commissioner, that should be a decision for the commission, not one that requires the involvement of the Minister of the day. We do not expect this to be an issue with which we would deal on a regular or even an irregular basis. However, if one is structuring an independent organisation, it should be independent. If a complaint is made, whether about a newly promoted or newly initiated member of the Garda or the Garda Commissioner, it should be investigated, or if the Garda Síochána Ombudsman Commission decides in the public interest that someone, including the Garda Commissioner, should be investigated, that should be a decision for it. Obviously, any decision we make is challengeable through the courts. It is not as if we would go off and do things irrationally or unreasonably. However, whether the complaint involves a new garda or the Garda Commissioner, if it is an appropriate decision to make, we should be able to make it unfettered. That would be in keeping with having a fully mature independent body.