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

Ms Justice Mary Ellen Ring:

Under the statute it is 12 months. GSOC has the power to decide, if there is a good reason for the delay, to extend the time limit and we do so on a regular basis. As lawyers will know, this is a continuing issue because the later one leaves any complaint the harder it gets to investigate it properly. We believe 12 months is a reasonable amount of time but that period takes into account a belief that the public knows about GSOC. Many members of the public are unaware of the existence of GSOC or they do not see it as being a separate and independent authority but attached to the Garda Síochána and will not come to us. There have been delays due to ignorance, and I do not mean that in a pejorative sense, but ignorance of our role and independence. There have been delays because of personal circumstances. For example, people have been traumatised by something and have had poor Garda reaction. By the time they were in a position to think about thinking matters further 12 months have elapsed.

On the other hand, one should be in a position to act on a complaint promptly because a good investigation usually arises following a prompt complaint. That applies to Garda investigations as well as our own investigations. Twelve months is, in the main, a more than sufficient period. The commission can extend the time if there is a good reason. We have extended a number of cases for that reason.

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