Oireachtas Joint and Select Committees

Wednesday, 14 May 2014

Joint Oireachtas Committee on Justice, Defence and Equality

Garda Oversight: Discussion

11:00 am

Mr. Kieran FitzGerald:

I thank Deputy Mac Lochlainn. One of the biggest drags on our organisation at present is the lowest level of complaints. I know people focus rightly on the very serious ones when they occur but in terms of resources and day to day work, one of the biggest issues we face is that the informal resolution process provided for in the Garda Síochána Act 2005 does not work because we do not have the capacity to decide when it is appropriate to apply. In effect, there exists a veto and the result is that less than 1% of the complaint load is dealt with in this manner. I would have thought it would have a huge attraction for members of An Garda Síochána in the sense that through the informal resolution process we can write guidelines, and those guidelines may include a non-recording of a sanction. For the complainant, whoever they may be, it includes the real advantage that they may get their issue resolved. Currently, the entire focus of the Garda Síochána Act is about apportioning blame and at that entry level of complaints, so to speak, very often the complainants who speak to us are not necessarily looking to have blame or a sanction apportioned on a member of the Garda; they are looking to have their problem resolved. We would like to see that changed, and we see our organisation having oversight of that and any solution being signed off by us. Echoing the question Deputy Collins asked, we see front-line management having a serious role in achieving that resolution but we see our organisation as the oversight body being the logical people to sign off on it. We believe that barrier to informal resolution is unfriendly towards members of the Garda Síochána and towards the complainants, and we draw the committee's attention to it.