Oireachtas Joint and Select Committees

Wednesday, 25 April 2018

Joint Oireachtas Committee on Justice, Defence and Equality

Garda Oversight and Accountability: Discussion

9:00 am

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

The purpose of today's session is to meet with An Garda Síochána to discuss two main issues and other issues that have been signalled. I will indicate, as I have already to committee members, that those present should put their phones on silent. Their phones will interfere with the recording equipment in the Houses.

The first item is to revisit the committee's report of December 2016 on Garda oversight and accountability and to consider what progress has been made in this area in the meantime, including on the implementation of the committee's recommendations. Second, we will discuss issues surrounding the recording and classification of Garda homicide figures, including, in particular, the review being conducted by An Garda Síochána into the classification of homicides and the reasons for the delay in publishing the findings of that review and furnishing a report to the Policing Authority. Third, we will discuss some ancillary issues which I will not name but which have been flagged to the witnesses and of which An Garda Síochána has been given notice.

I welcome Assistant Commissioner Michael Finn, Assistant Commissioner Orla McPartlin, Assistant Commissioner David Sheahan, Chief Superintendent Brian Sutton, Mr. Joseph Nugent, chief administrative officer, Mr. Liam Kidd, executive director of ICT and Mr. Niall Kelly, head of Garda internal audit service. Seated behind them are Mr. Andrew McLindon, director of communications, Superintendent Marie Broderick and Ms Gail Malone.

Before we begin, committee members should be aware that under the salient rulings of the Chair, members should not comment on, criticise or make charges against a person outside the House or an official, either by name or in such a way as to make him or her identifiable.

Most of the witnesses will be familiar with the privilege reminder. I draw the attention of our witnesses from An Garda Síochána to the situation with regard to privilege. They should note they are protected by absolute privilege in respect of the evidence they are to give to the committee. However, if they are directed to cease giving evidence on a particular matter and they continue to so do, they are entitled thereafter only to qualified privilege in respect of their evidence. They are directed that only evidence connected with the subject matter of these proceedings is to be given and they are asked to respect the parliamentary practice to the effect that, where possible, they should not criticise or make charges against any person or entity by name or in such a way as to make him, her or it identifiable.

Before inviting Mr. Finn to make his opening statement it is important, for clarification, to point out that the team presenting this morning is not led by the acting Garda Commissioner, which would have been our expectation. We only received notification yesterday of the make up of the delegation here this morning. We understand some media are referencing the acting Commissioner, Mr. Ó Cualáin, in this morning's press but I am not personally privy to it. It would be important to state this at the outset, because this is the second time we have addressed the very important issue of the homicide review, and the acting Garda Commissioner has not been in attendance on either occasion. I know it is matter of concern to members of the committee and, at the outset, it would be important to clarify whether the acting Garda Commissioner and the deputy Garda commissioner, Mr. Twomey, are indisposed. We also note the fact Mr. Singh is not here this morning either. Will the witnesses clarify this for the sake of settling down to the work we have indicated that we would like to address this morning?

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