Oireachtas Joint and Select Committees
Wednesday, 14 May 2014
Joint Oireachtas Committee on Justice, Defence and Equality
Garda Oversight: Discussion
1:50 pm
Mr. John Redmond:
I mentioned in my oral submission that there is a concern that timelines are not being adhered to and that cases work on the balance of probabilities rather than beyond reasonable doubt. This applies only in serious cases. I am not suggesting that we throw out the requirement for proof. There is a need to make sure someone sets out what the person against whom a complaint has been made can expect, what we can expect GSOC to do and how it should approach an investigation. We have no objection to that and we agree that such a charter should be set out.
The Deputy also mentioned the cost to the organisation. Invariably, a number of inspectors in the Garda organisation are tasked with investigating complaints that have been leased back to the Garda organisation from GSOC. There is a cost in the number of hours a person at inspector level puts into investigating something on behalf of GSOC. Another cost is the loss of that inspector to the Garda organisation and the policing of the community while the inspector is investigating on behalf of GSOC. That cost is less quantifiable. The quantifiable cost should be paid from a budget set aside for that but, unfortunately, those costs are taken out of the annual Garda budget. That point should be regularised, as well as the consideration of the loss of that inspector and its cost. With regard to the point raised by Senator Katherine Zappone, GSOC should be investigating all complaints and it should not be left to any gardaí to investigate those points.