Ms Anne Barry:

GSOC is independent in the performance of its functions, as will be the proposed new Garda ombudsman under the new legislation. It is essential there would not be interference by the Minister. As a body under the aegis of the Department of Justice, however, it is subject to governance oversight by the Department, and arrangements are in place on governance agreements, performance delivery agreements and so on. A structure is in place around that in accordance with good practice in respect of the governance of State bodies.

Regarding this Bill, it is important to say it is recognised by the Commission on the Future of Policing in Ireland report that GSOC investigations are cumbersome and inefficient. The purpose of the changes in this scheme is to address that point and to provide for a more streamlined investigative process. The scheme is not therefore necessarily giving GSOC or the new Garda ombudsman more powers. It is instead moving away from the inefficient dual investigation process provided for in the 2005 Act, which requires GSOC to determine at the outset very little information in the context of whether a complaint is criminal or non-criminal. This scheme will bring a move away from that situation to one where there will be a single investigative process, which will be similar to the processes available to other regulatory-type bodies.

In addition and importantly in respect of how investigations have been described as taking a very long time etc., this new scheme will see a move away from the sequential approach in the 2005 Act, which requires GSOC to dispose of the criminal investigation first and then to follow on in sequence with any non-criminal investigation concerning disciplinary matters. It is important to bear in mind that the purpose of the significant reforms to the investigative process is to speed up investigations and to bring more transparency and efficiency to them. This aspect has very much been borne in mind by the Department of Justice in developing the legislation. I refer to it not just being in the interests of the Garda organisation and its members but also in the interests of complainants and the wider public in respect of ensuring there is competency and an effective and robust system to investigate allegations and complaints concerning Garda members.

Turning to the accountability front, GSOC as it stands has in place a process where members can lodge complaints concerning how they are being treated by GSOC. That is a standard type of approach whereby ombudsman-type institutions have administrative processes in place to take complaints from those engaging with them and, potentially, from complainants. There is also the possibility of a judge-led inquiry into the conduct of GSOC officers. Under the new Bill, that inquiry process is being expanded to include the conduct of the office generally and its policies and procedures. The expansion of that judicial inquiry mechanism picks up on a recommendation contained in the report of the Commission on the Future of Policing in Ireland.