Mr. Robert K. Olson:

I thank the committee for inviting the Garda Síochána Inspectorate here today. I am chief inspector of the Garda Síochána Inspectorate and I was appointed to this position in June 2012, having previously served for three years as deputy chief inspector on the establishment of the inspectorate in 2006 with Kathleen M. O'Toole. Today, I am joined by our two deputy chief inspectors, Mark Toland and Debra Kirby. Mark Toland joined the inspectorate in June 2012, having retired at the rank of chief superintendent from the London Metropolitan Police Service after 30 years of service. He was awarded the Queen’s Medal for Policing in 2009. Debra Kirby was appointed as deputy chief inspector in January of this year, having served with the Chicago Police Department for 27 years. She retired at the rank of chief having served in a variety of commands including general counsel to the superintendent commissioner and a licensed barrister in the state of Illinois. We are very fortunate to have both as members of our team.

The Garda Síochána Inspectorate is an impartial independent statutory body which is tasked by the Minister for Justice and Equality with evaluating the efficiency and effectiveness of the Garda Síochána and to recommend best practices in policing. Established in 2006, the inspectorate has to date produced nine reports on various thematic inspections making a total of 281 recommendations for change. The majority of these recommendations have been accepted with over 66% already implemented. This will increase dramatically with the implementation of the most recent report on the fixed charge processing system where all recommendations made have been accepted and the appointment of a criminal justice working group to ensure implementation.

Notwithstanding the difference in focus of GSOC, the Garda Síochána Ombudsman Commission, and the inspectorate, the 2005 Garda Síochána Act provides potential for some overlap of responsibility under section 106(1) of the Act, which caters for GSOC examining a Garda practice, policy or procedure for the purpose of preventing complaints. Section 106(2) states the Minister may request the ombudsman commission to examine the practice, policy or procedure either on his or her own initiative or following a recommendation to do so by GSOC. The inspectorate suggests an amendment to this part of the Act that requires the Minister and GSOC to consult with the inspectorate in the first instance on any such examinations. The nature and scope of the consultations with GSOC could be underpinned by protocols. This is recommended to ensure the respective organisations are fully aware of work previously or currently being undertaken and that the inspectorate be in a position to advise on the issue or issues being examined.

Section 115 deals with membership of the inspectorate. Due to problems and challenges posed with a mid-term vacancy, the inspectorate suggests that this provision in the Act should be amended to include the wording “in so far as is practicable and having regard to relevant experience, shall have regard to the objective that at least one of the members shall be a woman and at least one of them shall be a man”. This form of wording is similar to that used in section 14(7) of the Dublin Transport Authority Act 2008. This amendment will provide the necessary flexibility in filling mid-term vacancies, such as occurred last year.

The inspectorate, as an independent body, considers that it would be desirable to have available to it in legislation provision for inspections or inquiries to be carried out on its own initiative. It is noted that GSOC has the ability to carry out a public interest inquiry and the inspectorate considers that where there is a policing public interest issue which relates to inspectorate functions, it should have that ability to commence one. The inspectorate considers that this is an opportunity to enhance the responsiveness of the legislation in anticipation of any matter of public interest which the inspectorate considers should be inspected.

The inspectorate has no statutory authority to require full implementation of its recommendations, but considers it desirable that section 117(2) of the Act be amended to provide for follow-up to the inspectorate’s recommendations. A practice of monitoring implementation through constructed status implementation reports templates has been adopted with the co-operation of the Garda Síochána. However, the inspectorate’s value would be considerably strengthened through the introduction of a specific follow-up role in the implementation of its recommendations. The Act should also make provision for re-inspection at the discretion of the chief inspector.

Section 117(4) provides for the laying of inspectorate reports before the Houses of the Oireachtas by the Minister. The inspectorate suggests this section be amended to provide for the prompt publication of its reports. The members of the inspectorate consider that publication of its reports should be made as soon as practicable following its submission to the Minister.

From time to time delays have been experienced in the application of section 117(4). The inspectorate acknowledges that a new process has recently been put in place to ensure timeliness in publication of reports but considers that the Act should encourage such timely publication.

The inspectorate has encountered some problems with section 118 regarding the provision of information from the Garda Síochána. It considers its functions would be significantly enhanced and made more efficient by a statutory requirement for the Garda Síochána to provide unimpeded access to Garda records, including unrestricted access to PULSE and other record management systems. In addition, the inspectorate considers that statutory provision should be made to provide for drafting of protocols regarding unannounced site inspection visits to Garda facilities. Currently, protocols established with the Garda Síochána provide for advance notice of visits to Garda locations. Cold calling has a particular value in establishing, in real time, the operational effectiveness of how the Garda Síochána undertakes its policing functions. Police inspectorates in other jurisdictions are provided with this capacity.

The inspectorate is grateful for the opportunity to raise these matters with the committee today and would welcome any issues which committee members may wish to further explore with us.