Simon Harris (Wicklow, Fine Gael) | Oireachtas source

The purpose of this consultation is to ensure this new incident of concern process is practical and operable. Section 200(4) also provides that having notified the police ombudsman of an incident of concern, the Garda Commissioner may still take lawful actions to prevent the commission of offences or breaches of the professional standards of behaviour, including commencing or continuing a criminal investigation. This is a necessary power to prevent any delay while waiting for the police ombudsman’s decision as to what action should be taken and to avoid the risk of being unable to deal with a criminal matter in line with best practice. Time is of the essence and there is also an obligation placed on the police ombudsman to inform the Garda Commissioner of his or her decision without delay. In the context of live investigations, clear communication is key.

The current workload of GSOC, which will become the police ombudsman under the Bill, comprises predominantly retrospective complaints. That is to change with its expanded remit under the Bill. Incidents of concern could be matters that require immediate investigation or that are already the subject of live investigation. It is important the police ombudsman and Garda Commissioner develop processes to ensure these concerns are addressed and dealt with efficiently and effectively. Protocols will set out and support these processes but, in light of the intention of the provision and its necessity in the broader process, I would be worried about the benefit of removing something that encourages and requires good communication between both organisations. It is not to cut across the independence but when you are in the space of moving from retrospective to live and potentially ongoing criminal investigations, I would see harm in removing that obligation to consult or inform.

Amendment No. 124 relates to the notification from the Garda Commissioner to the police ombudsman of incidents of concern. Section 241, relating to the annual report of the independent examiner, includes in subsection 2(d) a requirement to include in that report a general statement regarding any notification he or she has received under section 200(7) during that period. Under section 242, the independent examiner may of his or her own accord prepare and submit to the Taoiseach a special report on any matter relating to his or her activities and include in that report any recommendations he or she considers appropriate. These provisions are sufficient to allow the independent examiner to record and review under the Act the incidents mentioned. In light of that fact, I do not support amendment No. 124.