Mr. David Joyce:

I thank the Chairman and members for inviting the Irish human rights and equality commission designate to speak on our submission on the review of the Garda Síochána Act 2005 initiated by the joint committee. I am joined by Dr. Des Hogan, acting chief executive of the commission. Following my short introductory remarks, we will be pleased to answer questions from members.

It is very welcome that the joint committee has taken the initiative on this issue. Our appearance at this meeting is evidence of the ongoing strengthening of co-operation between the national human rights institution and the Oireachtas in addressing human rights and equality issues. As our submission sets out, accountability in the policing structure of the State has been a significant theme in the work of the Irish Human Rights Commission since its inception, and a number of policy statements and legislative observations have been published which underline the importance of a human rights compliant police service in the State. This is unsurprising given the commission's genesis in the Good Friday Agreement and the influence of the Patten report and attendant policing reforms introduced in Northern Ireland. Equivalence of rights, North and South, is a key principle in the Good Friday Agreement.

Effective oversight bodies, coupled with transparency and engagement with the community, are core mechanisms of human rights accountability. While the establishment of the Garda Síochána Ombudsman Commission, GSOC, under the 2005 Act was a significant step forward, there are deficits in the legislative underpinnings to this complaints mechanism. In this matter, we welcome the initiative announced yesterday to strengthen the powers of GSOC. The IHRC considers that, on its own, a mechanism such as this is not necessarily sufficient to provide a comprehensive structure to ensure human rights and equality and accountability in policing.

Added to the five aspects of accountability identified in the Patten report, namely, democratic accountability, transparency, legal accountability, financial accountability and internal accountability, we identified in our submission a sixth aspect of accountability that has become increasingly evident in the years since the Patten report was published, namely, the responsibility of the state parties to the European Convention on Human Rights to ensure proper accountability structures exist in their police forces to ensure effective investigations following suspicious deaths, in line with Article 2 of the convention; proper planning and oversight of police operations to address foreseeable risks of human rights violations, in line with Articles 2, 8 and 13; and proper complaints mechanisms following any human rights violations that can occur at the hands of police, in line with Article 13 when read in conjunction with Articles 2, 3, 8 and 14.

We have identified a number of elements which will be essential in the new policing authority in our submission and which we are happy to elaborate on in questions. The main benefit of a new authority is to depoliticise policing or the perception of its politicisation by decoupling the Commissioner’s office from that of the Minister for Justice and Equality.
In relation to complaints, we see these as addressing not just issues of breach of discipline or criminality per se,but also issues of disrespect for human rights and dignity, which, although not a breach of discipline, diminishes the public’s confidence in the service on the one hand and serious violations of equality and human rights on the other. As to who should receive and consider those complaints, we argue this should be the Garda Síochána Ombudsman Commission, GSOC, with reconfigured resources and a strengthened statutory mandate. We believe all complaints, including those relating to the Commissioner’s office and national security issues, should be capable of being investigated, allowing for sufficient safeguards where national security is concerned. No police station should be out of bounds for investigators as is currently the case under sections 93(3) and 126 of the Act.
GSOC’s formal independence should be strengthened to insulate it from ministerial control. GSOC should be properly mandated and resourced if we are to avoid the need for future commissions of investigation. There will need to be continued linkage with Garda disciplinary procedures to allow violations of rights to be addressed quickly in order that systemic issues of low level disrespect of individuals can be acted upon.
The proposed policing authority offers the opportunity to capture a number of these elements, with the caveat that the independence of GSOC and the national preventative mechanism yet to be established under the UN optional protocol to the torture convention, allowing for inspection of all places of detention, would not be compromised through reporting requirements at odds with the discharge of functions by independent bodies. We also consider the new authority should prioritise equality and human rights training throughout An Garda Síochána, including for its middle and senior management.
We are happy to take any questions the committee may have.