Mr. Justice Rory MacCabe:

I thank the Chairman and members of the committee. This is the first occasion that GSOC has had the opportunity to address this committee. I am accompanied by Hugh Hume and Emily Logan, commissioners., and Ms Aileen Healy, GSOC’s director of administration. There are additional members of the staff of GSOC also in attendance as observers. Commissioner Hume has a background in policing at a senior level in the Police Service of Norther Ireland, PSNI, and also served as deputy chief inspector in the Garda Inspectorate. Commissioner Logan was Ireland’s first Ombudsman for Children and also served as the first Chief Commissioner of the Irish Human Rights and Equality Commission.

GSOC was established under the 2005 Act and commenced operations in 2007 to provide independent oversight of policing in Ireland. It is a vital interface between the people and An Garda Síochána. Our work is challenging and results depend on the skill and dedication of our staff, each of whom carries a heavy caseload.

GSOC operates seven days a week and 24 hours a day. We deal with complaints from the public concerning the conduct of members of An Garda Síochána, whether criminal or disciplinary. We conduct investigations into matters referred to us by An Garda Síochána, the Minister for Justice and the Policing Authority, as well as into matters we judge to be in the public interest to investigate. We make recommendations arising from the results of our investigations. We do not conduct prosecutions, which are a matter for the Director of Public Prosecutions, nor do we or impose or enforce disciplinary sanctions, which are for An Garda Síochána, following the recommendations we make.

GSOC’s budget allocation for 2021 was €11.272 million. This paid the salaries and covered the normal day-to-day running costs of the organisation. We have a staff of 135 at present. Our headquarters are in Dublin and we have offices in Cork and Longford. In the course of the year, GSOC sought and received an additional allocation of €300,000 to cover unanticipated additional costs relating to a number of particularly complex investigations that require intensive and extensive resources.

There has been a notable increase in the volume and complexity of our cases year on year. In 2021, there was a 12 % increase in complaints received and a 40% increase in statutory referrals from An Garda Síochána where death or serious injury occurred. It is to the credit of the staff that last year saw a 21% increase in the number of cases that were closed, even in the face of the pandemic, the increase in complaints and referrals, and the loss of some key personnel.

By their very nature, some investigations are straightforward and others are not. Some can be dealt with quickly and others require a commitment in terms of staff, resources and time that we know can be frustrating for all concerned. This is understandable from the point of view of complainants, who are anxious as to the outcome, and members of An Garda Síochána whose careers can be, in effect, on the line.

GSOC is bound by the principle of due process and human rights legislation. These apply to complainants and those we investigate so we cannot and should not prioritise speed at the expense of rigour in completing our investigations.

Some of the challenges we face arise from the mandate under which we operate. This is likely to change by dint of the broad reforms proposed in the Policing, Security and Community Safety Bill. Another related challenge is resourcing. When I came to this job in January, I took the opportunity to be briefed on staffing, resources and on the details of all cases so that I could be sure that cases were being given proper priority. We have engaged with our teams in Dublin, Longford and Cork. As a commission, we took the opportunity to visit our teams on the ground in Longford and Cork. It was apparent that our staffing complement, particularly our complement of investigative staff, falls well short of what is required. High caseloads and staff turnover, including loss of experienced staff due to retirement or normal civil service mobility, have made this worse.

We secured additional funding in 2022 and this will allow us to recruit some additional staff. I sought immediate approval to recruit 22 additional staff and this was granted by the Department of Justice without hesitation. Recruitment is, however, not a fast process, particularly with such a range of regulatory organisations fishing in the same pool as we do. All our staff require special skills to investigate and analyse complaints of negligence or wrongdoing.

The Policing, Security and Community Safety Bill proposes sweeping changes in the law and will change the composition and mandate of GSOC. The commission will have additional powers and functions, which will, by definition, involve more work and more staff if that work is to be carried out properly. It is my belief that the Department and the Minister are alert to the ongoing resource issues faced by GSOC and will support us. We welcome this draft legislation. It fills a clearly defined and long-signalled gap in Ireland’s policing accountability.

My responsibility, working with my commission colleagues and staff, is to oversee the work of GSOC and the transition to whatever new organisational structure is mandated by the committee members and their Oireachtas colleagues. I hope that when they do this, they will be mindful that nothing as complex as investigating wrongdoing in the modern world we inhabit comes cheap. I hope the committee also recognises the service the staff give and the importance of the work they do.