Ms Noirín O'Sullivan:

I thank the Chairman. I am grateful for the opportunity to discuss the Garda Síochána Act 2005 with the committee. I have provided a document outlining our submission on a section by section basis, as requested. I have also given the committee a printed version of the opening address. To make the best use of time I propose to touch on a few of the key issues outlined.

The revision of the Garda Síochána Act 2005 presents a unique opportunity for us to make sure we have the modern well-governed customer-facing police service we need. As interim Garda Commissioner I have already launched a substantial reform and renewal programme to make sure An Garda Síochána continues to have the trust, respect and confidence of the diverse communities it serves with pride. We are at a defining moment in the history of the policing service, a moment at which the principles of accountability, transparency and professionalism must be at the core of a strong, confident and connected policing service and at which such principles must be seen to be at the core of everything we do in order that we are trusted and valued by the public we serve. The revision of the Act is necessary because in the ten years since it was first drafted, Irish society and public expectations of its police service have changed. The new Act must reflect this new landscape in which we now operate. The 2005 Act brought about some very welcome changes but it is time to move forward to a new era of enhanced accountability.

At the outset it is important to acknowledge the enormous contribution made on a daily basis by every member of the Garda Síochána. Day in and day out, the men and women of An Garda Síochána serve this State and our local communities and work to keep them safe and secure. They interact with families and individuals at some of the most challenging and vulnerable moments that are encountered in life. Much of this work does not, and often should not, make headlines but it does touch hearts and minds and it does make a difference.

Throughout its history An Garda Síochána has met and overcome new challenges, whether they came from the paramilitary threat that hung over this island for decades, from organised criminality or from emerging technologies. We have done so in a spirit of doing what is right for the community and the country as well as what is in the interests of delivering professional and accountable policing.

The Garda Síochána Act 2005 was a significant legislative initiative which brought clarity to the management and oversight of policing in this country. It addressed the changing policing environment and enhanced our ability to meet the emerging challenges of delivering an effective, professional and accountable police service. Since the publication of the Act, An Garda Síochána has been and continues to be subject to significant oversight from a range of different institutions: the Oireachtas, including this committee and other Oireachtas committees, the Garda Síochána Ombudsman Commission, the Garda Inspectorate, and judicial oversight of activities relating to State security.

Our relationship with our external oversight authorities must be professional, transparent, open and demonstrate full engagement. Such oversight is not just welcome but vital in a modern democracy. An Garda Síochána recognises that accountability and transparency must be among the fundamental principles upon which we develop our policing service. That complex task will be greatly helped by an independent policing authority. This authority, together with the Garda Síochána Ombudsman Commission and the Garda Inspectorate, will enhance public confidence in our policing function and frankly, right now, that reinforcement is necessary.

I turn to some specific proposals from An Garda Síochána which draw both on our professional judgement and expertise and our practical knowledge and experience of providing a community-focused police service. As I see it they fall into three broad categories: first, accountability and transparency in the delivery of policing; second, investigation of complaints about policing; and third, effective use of resources and ensuring best police practice.

An Garda Síochána welcomes the proposed establishment of an independent police authority as a means of enhancing the delivery of a modern dynamic policing service and ensuring it meets the needs and expectations of the community. We know that there are examples on these islands and further afield of how such authorities can operate. The structure and make-up of that independent authority is a matter for Government and the Legislature. The key element for us is to ensure the authority and its members are consistently guided and motivated by what is good for the community and good for policing.

Our renewal programme is focused on ensuring we are in a state of readiness to provide the level of governance and accountability to serve the requirements of that authority, when established. It is vital that we are accountable to national independent bodies.

It is equally important that we are accountable to local communities. The Irish model of policing admired by many police services around the world has been built on listening to, engaging and working in partnership with local communities to identify and solve problems. To date, the joint policing committees have had a major role to play. These partnerships between local stakeholders and An Garda Síochána have successfully identified solutions for issues that impact on local communities. These structures should continue to have a meaningful role and to be focused as locally as possible.

In respect of the Garda Síochána Ombudsman Commission, a strong and fully functioning commission which commands the confidence of the community plays a vital part in maintaining trust in policing. We are committed to ensuring constructive engagement with GSOC to achieve our mutual objectives. Our written submission proposes a number of changes to the workings and powers of GSOC. These key proposals include that gardaí should not investigate gardaí. As Baroness O'Loan stated, all complaints of a serious nature should be investigated by GSOC personnel, not by members of An Garda Síochána. This provides independent objectivity. We support GSOC's submission that the definition covering what incidents fall into the serious crime category should be extended. We also support the initiative to allow GSOC to resolve complaints by way of informal resolution with the consent of the complainant and the member complained of.

In respect of the Garda Inspectorate, since its inception the Garda Inspectorate has produced a number of insightful and valuable reports that have helped improve An Garda Síochána. However, it is worth bearing in mind that some recommendations require resource investments which are difficult in the current climate in which An Garda Síochána – like other public bodies - has had to operate.

I also want to mention something in respect of receiving and responding to feedback. I have stated from the outset that An Garda Síochána must be open to internal and external criticism if we are to strengthen and grow. Dissent is not disloyalty, and different and differing views must be heard and supported as they can help to improve the service we provide. Sometimes those criticisms may not be fully correct or justified but we need to learn to listen and to understand, and where there are issues that need to be addressed we must take appropriate action immediately.

In that context, the proposals for internal change include a restructuring of our internal affairs and professional standards department. This would see the aligning of internal affairs, which directs investigations into allegations of Garda misconduct and examines internal disciplinary matters, and liaises with GSOC, and also the Garda professional standards unit, where standards and procedures can be reviewed so as to highlight areas of strategic concern and proactively address systemic challenges.

We would also submit that the remit of the internal audit unit within An Garda Síochána should be strengthened to enable it to audit and report on strategic, operational, financial and reputational risks to the organisation. The unit should also be empowered to provide an objective opinion to the chair of the independent audit committee concerning systems, procedures and controls which will then bring the matter to the attention of the Commissioner. We also submit that there is a need for An Garda Síochána to conduct public attitude surveys as is already provided for in the Act and we would submit that there should be an alternative public consultation forum that could be held to enhance that process.

Finally, I recommend that the official title of "An Garda Síochána" be adopted in the interest of consistency. In the previous Act it was "The Garda Síochána", and we believe in the interest of consistency it would be "An Garda Síochána".

An Garda Síochána and its members hold a privileged position in society. We serve with energy, dedication and pride and must be held accountable, at national and local level. We are at a point in our history where we can build an organisation so that the Irish police service is a case study in responsive excellence, a leader of national and international best practice, and a constantly evolving force for good in our nation.

It is my job to get on with reshaping An Garda Síochána so that it is worthy of the people it serves and worthy, too, of the great people who work within it. An independent policing authority that will hold us to account for the delivery of a modern dynamic and human rights based policing service is welcome. This authority, together with the Garda Síochána Ombudsman Commission and the Garda Inspectorate, will enhance and ensure public confidence in our policing functions. A revised Garda Síochána Act has a major role to play in helping us reach that goal of being a world-class police service that meets the needs of all communities and citizens for the benefit of the State.

I thank the Chairman and the committee for their time and will answer any questions.