Oireachtas Joint and Select Committees

Wednesday, 12 December 2018

Joint Oireachtas Committee on Justice, Defence and Equality

Commission on the Future of Policing in Ireland: Discussion (Resumed)

9:00 am

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

I would be concerned if there is a view, and I have read reports of some people forming a view, as the Deputy said, that the proposals are in some way weakening or diluting oversight rather than developing or enhancing it. I would be concerned if people were of the view that there is a weakening of oversight because I do not see that as being the case. There is no question of any weakening of the role or function of the bodies. I would accept there is a strong case for a form of rationalisation, but that should not be seen as taking back power or in any way reducing a level of oversight. In fact, the report is clear on additional functions regarding in the matter of research and the setting and maintenance of standards, and all that will continue. I acknowledge there was a lack of clarity on the part of some of the structures between the authority, on the one hand, and the inspectorate and GSOC on the other. In terms of GSOC, what we see in the report is along the lines of what many Deputies were seeking, namely, changes for GSOC and a greater measure of independence, and this is in tandem with the extra level of resources that have been made available to GSOC. As we speak, it is recruiting a further complement of staff that will allow it to do the job that the legislation requires of it in a timely and effective manner.

It is important to note, and again I would ask the committee to agree with me on this, that all the investigations of the oversight body or the independent complaints body must be engaged in from an independent perspective rather than referring complaints of a serious nature back to the Garda Síochána for investigation. It is important that the jurisdiction of the independent complaints body be extended to involve non-sworn personnel and that it would also assume the Accounting Officer function. The response on the matter of the independent complaints body is along the lines of what the Deputy is on record as having said on a number of occasions.

The new terms of reference of the role and function of the oversight bodies must be read in the context of what is a holistic examination of the current system. The Deputy should remember this independent commission of experts was charged with responsibility to look at the current bodies with a fresh pair of eyes. I would be reluctant to depart from the main recommendations but let us see what the Government finally proposes by way of recommendation to the Dáil.

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