Oireachtas Joint and Select Committees

Wednesday, 28 February 2018

Joint Oireachtas Committee on Justice, Defence and Equality

Garda Oversight and Accountability: Garda Síochána Ombudsman Commission

9:00 am

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

In that case I shall move on from those latter number of bullet points in recommendation No. 1. It is more than past time that we sought an update from the Minister for Justice and Equality on his intentions and that of his Department regarding the recommendations. I would like to share with the delegation the fact that we have had significant success with a number of other reports, that we have produced, that have led to very substantial changes in terms of societal attitudes and the official societal disposition towards Irish Sign Language and Traveller ethnicity, to name but two. We are very anxious that the work of this committee is not just a foolhardy exercise with no consequences. We want to see results.

Recommendation No. 2 refers to former members of An Garda Síochána. I note from the report compiled by GSOC last December that there is a slight variation in the solutions or recommendations. We have indicated in our recommendation No. 2 that "the Police Ombudsman in the North can investigate officers who have retired". In the solution offered by GSOC on page 26 of its submission entitled Proposal for Legislative Change, solution No. 10.3.2 it states: "In other jurisdictions it is permissible to delay the retirement of a member under investigation, including non-criminal investigation. Consideration should be given to such a provision." Did this committee adopt the wrong position in terms of the situation north of the Border? I understood that retired members could be investigated. Is it only the mechanism of delaying the submission or intention to retire that applies?

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