Oireachtas Joint and Select Committees

Tuesday, 15 February 2022

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of the Policing, Security and Community Safety Bill: Discussion

Ms Antoinette Cunningham:

On the issue of engagement, there has been no engagement whatsoever with the AGSI on any of the proposals contained in this Bill. We only became aware of it when we discovered it on the Internet. There has been no consultation, which is regrettable because we feel we would have had something to offer. As regards GSOC, there is, it seems, no accountability by GSOC to anybody. It can continue its investigations for years. In some situations, members have been left in a limbo state for years, there has been a failure by GSOC to respond to letters from AGSI solicitors and members' questions have been left unanswered. There is no accountability around the reason GSOC can take so long to investigate a matter.

Deputy Kenny mentioned there is need for an independent means for investigating gardaí. What is actually needed is an efficient independent means of investigating gardaí. The system proposed in this Bill is not efficient. It does away with the principles of natural justice and fair procedure, it gives GSOC unfettered powers and it makes no provision for accountability or a time limit for the conclusion of investigations. Under the Bill as drafted, a garda can be investigated under performance, conduct and policy regulations, their legal obligations, disciplinary regulations, anti-corruption policies, breaches of the Garda code, matters of public interest, incidents of concern and, at all times, without the member being notified he or she is under investigation. There is a serious concern with regard to natural justice and fair procedures. It is an efficient system of investigating gardaí that is needed.

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