Oireachtas Joint and Select Committees

Thursday, 7 April 2022

Public Accounts Committee

2020 Report of the Comptroller and Auditor General and Appropriation Accounts
Garda Síochána Ombudsman Commission

9:30 am

Mr. Justice Rory MacCabe:

It would be easier for us to identify matters in the Bill about which we have concerns. We have already made that submission to the Joint Committee on Justice. We are generally happy with the Bill. We have certain reservations about two particular matters that I raised with the Minister some time ago. One of those relates to search warrants. We believe it would be more appropriate that search warrants would be issued under judicial oversight rather than by a member of the commission. There is also a proposal in the Bill that GSOC would have the power to review its own decisions, and I believe that proposal should be reconsidered because it may prove vulnerable to challenge on the basis that an organisation should not be reviewing its own decisions. That is a complaint that has been made in the context of a perception that gardaí should not be investigating gardaí. It is the same situation, as far as we are concerned.