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:

There is no doubt that with great power comes great responsibility. The powers that members of An Garda Síochána have are always to be used in a way that is legal, proportionate, necessary and ensure full accountability and transparency for the use of all Garda powers. Equally required is an obligation to treat members fairly when they are the ones under investigation. What is lacking here is the fairness and reasonable test that would apply to members of An Garda Síochána that are equally enjoyed by all other citizens.

AGSI members are not looking for anything extra here. We acknowledge that here has to be a system to investigate members of An Garda Síochána who do wrong, but we would have to ask what powers is GSOC missing that now requires it to have these excessive, unfettered and unaccountable powers. It is not set out in the Bill why these additional powers of GSOC are necessary. We do not know why it requires all of these powers. The Bill is not clear on what is missing currently for GSOC to carry out its investigations. We do know that the system operated currently by GSOC is ineffective to a large degree. When one hears of members being suspended for years it is obvious there is an efficiency there. Is it a competence issue within GSOC? If not, what is it that requires investigations to go on for so long? As I said in my opening statement, the manner in which GSOC has treated members of the AGSI in terms of leaving them void of information, not answering letters, members being left in a limbo state and investigations going on for years is shameful. There is the principle of justice delayed is justice denied. It applies to citizens of this country. It equally must apply to members of An Garda Síochána. I say that by way of answer to the Deputy's initial remarks.

Comments

No comments

Log in or join to post a public comment.