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

Photo of Pa DalyPa Daly (Kerry, Sinn Fein) | Oireachtas source

Some of the points I wanted to make were made by previous speakers. We reached out to some of the organisations here today, and I thank Fórsa for coming back to us and outlining its concerns about the issues relating to civilian staff. We had a good meeting with its representatives.

On some the comments made, I have points more than questions. I probably agree that there are, like the man from the GRA said, layered obligations and duties on members of An Garda Síochána, but that is in the context of the massive powers they have, not only for stopping and searching but also for arresting and detaining people for what could be regarded as a long period of time, up to seven days. It is very important and certain people in society are judged to a higher standard. I have seen that myself and I believe the Garda is such group, and that is only right. In general, I agree there is high confidence in An Garda Síochána. I have seen some of those surveys and I am not sure if the level is that high, but there is certainly a high level of confidence in gardaí.

On the notification of investigations, which others mentioned, obviously when someone is the subject of an investigation, without being facetious, if he or she holds objects that could become exhibits in a case, nobody will knock on that person's door to say he or she is under investigation. That would not happen with a member of the public and it should not happen with a member of An Garda Síochána. The normal judicial review option is open to members of An Garda Síochána and they have not been shy about using it in the past when they feel they have been subject to an unfair investigation.

We probably all share concerns about GSOC. I agree it can be cumbersome and inefficient, but I believe it is under-resourced. Time and again, members of the public and ex-members of GSOC have complained the organisation is under-resourced and there is an insufficient number of independent people to carry out investigations. No matter how fair a superintendent or inspector from a neighbouring Garda area might be, there is a perception among members of the public that this is not independent and, on balance, I probably agree with them.

On the opening statement by Ms Cunningham, I note what she said about the serious concerns her organisation has. I am not sure about the presumption of guilt aspect and I am slightly worried about one of the statements in regard to training and guidance being needed for people who do the wrong thing but for the right reasons. I am not sure what is meant by that.

I believe we all have concerns about GSOC. It certainly needs more resources. It needs to be more efficient and more independent, whether that involves hiring more people from abroad or whatever. It is certainly not meeting the requirements that are necessary.

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