Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I move amendment No. 103:

In page 152, lines 17 and 18, to delete “or a joint investigation (within the respective meanings they have in Part 6)” and substitute “(within the meaning of Part 6)”.

As this amendment requires the deletion of section 205, I want to give the committee all of the information in the round. We are basically proposing the deletion of section 205, which provides for the police ombudsman to have the option of establishing a joint investigation with An Garda Síochána in relation to an incident of concern where the incident relates to the commission of an alleged offence. The consequential amendments, which is how we have arrived here, flow from this proposed deletion and these are outlined in amendments Nos. 103, 109, 120, 121, 123, 126 to 128, inclusive, and 143. By way of background, I note that during the pre-legislative scrutiny of the Bill, An Garda Síochána highlighted concerns that joint investigations would curtail the independence of the police ombudsman in the eyes of the public and lead to a lack of clarity regarding investigator roles and the lead agency in such investigations. In parallel with the legislative process, my Department is working with both An Garda Síochána and GSOC on planning for the implementation of the Bill, including with regard to the protocols for the conduct of joint investigations. Through these discussions it has become apparent that GSOC has now arrived at a similar view to An Garda Síochána on the matter. Now neither body can see operational benefits in this approach and the approach being taken. In fact, both now see significant complexities in how these joint investigations would operate in practice. This goes against the key objective of this part of the Bill, which was to simplify and streamline the GSOC investigation process. I am conscious that the concept of joint investigations is not an end in itself. It has to be workable in practice. Given that the Bill will otherwise still provide for an improved and more efficient framework for the handling and investigation of complaints, I am tabling these amendments in line with the expressed wishes of both An Garda Síochána and GSOC. This will allow for the completion of all outstanding planning for co-operation between both the police ombudsman and An Garda Síochána and a more efficient and effective system for the handling and investigation of allegations of Garda wrongdoing when the Bill is enacted and commenced. I should say that both agencies have emphasised their ongoing commitment to continuing to work together, both under the terms of the Bill and at an operational level. It is for those reasons that I am proposing these amendments.