Patrick Costello (Dublin South Central, Green Party)
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I must say, as is typical of this committee, Senator Ward got in before me with the point I wanted to raise. I would agree with what he said about informing someone when they are under investigation.

As in the example given by the good Senator, there are many reasons a member might not initially be informed that an investigation is happening. This is quite common in a criminal investigation of an ordinary member of the public. I was struck by the comment that no other employee is subjected to as much oversight or accountability, but I am conscious that outside of the Defence Forces, there are no other employees who would have the same level of power and authority over other citizens and the same level of responsibility. As such, oversight is entirely appropriate.

On the first day of these hearings many questions were raised around GSOC as it is and would be after enactment of the legislation. It is important that we get this element of the Bill right. It is not just about the rights of those against whom complaints have been made, but also the rights of members of the public who have made a complaint. Article 3 of the ECHR puts a positive obligation on the State to protect the public from harm and a positive duty to investigate allegations. All of these matters need to be considered to ensure that the GSOC process is completely streamlined. By comparison, the complaints procedure north of the Border is a much more streamlined process, one with significantly fewer steps and where things do not get lost along the way. Whatever comes of this Bill, a streamlined, easy to operate system that vindicates the rights not only of those who have been complained about but those in the general public who have made the complaint, is essential.

There is a particular issue I would like to raise. On the first day of deliberations there was a great deal of discussion around the prosecutorial powers. The ICCL, for example, made the recommendation that prosecutorial powers be removed from An Garda Síochána. Structures have evolved over time. Many new front-line gardaí and managers are spending a day in court when they could be doing effective work in the station or on the streets. I would like to have the input of the AGSI and the GRA in regard to the prosecutorial powers of gardaí. For example, does the Bill get it right, is this something we should be removing or is it something that will free-up members to get work done?