Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I thank the Deputy for the amendments. On amendment No. 19, which relates to the functions of the board and, more specifically, the amendment’s intended function of ensuring the legal compliance and efficient running of the organisation’s accounting and financial reporting systems, my genuine concern, just to be helpful, is that the effect of the amendment would be that the board would not be obliged to have regard to the resources expected to be available to An Garda Síochána in ensuring the integrity of accounting, financial systems, risk, financial and other controls, and compliance with the law and relevant standards.

We are coming at this from a different perspective but not necessarily wishing a different outcome. The purpose here is that the board, in fulfilling its obligations, has to have regard to the resources expected to be available so that it can ensure the integrity of the accounting, financial systems, risk and financial or other controls. It seemed prudent and essential for the board to have regard to the resources expected to be available to An Garda Síochána in carrying out its functions.

I note that chapter 7 of the code of practice for the governance of State Bodies recognises “A fundamental duty of the Bord is to ensure that a balanced, true and fair view of the State body’s financial performance and financial position is made when preparing the annual report and financial statements” when submitting these to the Minister. I also note that section 67 of the Bill places an obligation on the Commissioner, in implementing the annual service plan of An Garda Síochána, to deliver services in a manner that does not exceed the resources available.

We would end up with an inconsistent approach where the Commissioner would have to publish an annual plan, where he is obligated under that plan to not exceed resources available. The board is then meant to have an oversight role. For those reasons, I am not in a position to support the Deputy’s amendment. Perhaps it is something he or I may wish to reflect on.

Amendment No. 20 also concerns the functions of the board under section 12. It seeks to place an obligation on the board to ensure, as Deputy Daly said, that An Garda Síochána co-operates with the office of the police ombudsman, before it gets its name as Gaeilge, with regard to the police ombudsman’s objective of ensuring his or her functions are performed in a timely, efficient and effective manner. By way of context, section 34 of the Bill provides the Garda Commissioner is independent in the performance of his or her functions. One of those functions listed in section 33(1)(f) of the Bill is to assist and co-operate with the police ombudsman in order to facilitate the performance by the ombudsman of his or her function. Section 34 of the Bill also provides that the Commissioner is accountable to the board for the performance of his or her functions. In addition, section 12(1)(h) confirms that one of the board’s functions is to establish arrangements for the management of the performance of the Garda Commissioner. Therefore, it will be the case – I just sought clarity on this – that the Garda Commissioner will be accountable to the board for the performance of his or her functions. That accountability expressly includes assisting and co-operating with the police ombudsman. In addition, section 214 of the Bill obliges the Garda Commissioner to provide the police ombudsman with information and documents as soon as is practicable, subject to relevant security considerations.

This new governance structure is being introduced. We are trying to define clearly and operationally the independence of the Garda Commissioner in operation.

That is vital and must not be impeded in any way that has the potential to limit his or her accountability. That is the balance we are trying to strike. I believe we have struck that balance in the various sections I have referenced. The Commissioner is accountable to the board for the performance of his functions. One of those functions requires co-operation with what we are currently calling the police ombudsman. It is my sense of things that we do not need to go further.