Simon Harris (Wicklow, Fine Gael)
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I will not take too much time but for the record of the committee I will outline my rationale here. I thank Deputy Daly. The approach taken here, as with the approach taken across the entire Bill, originates from the recommendation of the Commission on the Future of Policing in Ireland report, which recognises in chapter 12, as I have said a number of times this afternoon, that An Garda Síochána and other criminal justice services, are and should be accountable to the democratically-elected Government of the State. The role of holding them to account is exercised through the Minister for Justice, who in turn is politically accountable to the Oireachtas for policing matters. Such an approach is consistent with the general code of practice in governance for State bodies in terms of the relationship between a State body and the relevant line Minister. This is no way interferes, nor could it interfere, with the police ombudsman's independence. I note in this context that when this committee did its pre-legislative scrutiny report, it recommended clarity regarding the police ombudsman's accountability "as a body under the aegis of the Department of Justice, in terms of its performance and other functions". I emphasise that the police ombudsman is expressly independent in the performance of its functions as set out in section 169(8) of the Bill and its institutional operational independence has been further reinforced under the Bill, which creates an expanded remit and the receipt of its own Vote under the Bill for the first time. This is not inconsistent with the proposal that the body has an obligation to account for the performance of its functions and I believe the Bill strikes the right balance in this regard. Some accountability arrangements are appropriate and necessary and regard must be had to the unique public safety security role of the Minister for Justice.

In the case of the governance framework, which is the concern of amendments Nos. 105 to 108, inclusive, I consider that the requirement in section 179 to submit the document to the Minister is consistent with the overall responsibility the Minister for Justice has for the justice system and policing issues and in no way cuts across the institutional and operational independence of the office. Once the framework is submitted to the Minister, the office is obliged to publish the framework on its website or in some other manner. These arrangements are appropriate, given what I have outlined. I have the same considerations with regard to amendments Nos. 109 to 112, inclusive, which refer to the submission of the strategy list of the office to the Minister. The Minister is simply obliged to receive this strategy statement for the office and lay it before the Houses of the Oireachtas as soon as practicable. This no way cuts across the institutional operational independence of the office. Again, I take the same approach to amendment Nos. 113 to 117, inclusive, concerning the annual reports and the special reports as well. There is a unique role or a difference here in relation to the role the Minister for Justice has regarding policing and security matters and their accountability to the Oireachtas for that. There are enough, in fact, very clear, safeguards built in that protect expressly in legislation the independence of the office and the obligation, once something comes to the Minister, for it to be laid before the House or also in some cases, the office being obligated in terms of governance frameworks and the likes to publish on its website or in some other manner.