Fiona O'Malley (Dún Laoghaire, Progressive Democrats)

I am glad to speak on this Bill which is long overdue and which, in keeping with the Minister's style, consolidates and reforms much of the legislation for which he is responsible. However, the Minister undersells himself because he only said the Bill would improve relations between the Garda and the Government. I would like to think it will improve relations between the Government, the Garda and the communities it serves. It is a brave attempt to bring the legislation governing the members of the Garda Síochána up to date.

The Bill is important for a number of reasons but largely because it is an attempt to reform the management of the Garda Síochána. It is the first time in 80 years that this has been done. Trust in law enforcement is vital in any properly functioning democracy. This Bill also acknowledges that there has been a decline in that trust of late and it seeks to restore it, particularly through the establishment of the Garda Síochána ombudsman commission in place of the Garda complaints board. The purpose of this commission is to ensure openness, transparency and accountability in the process by which complaints against the Garda are investigated.

The commission will be an independent body, which is tremendously important, and this is in line with the Government's commitment to establish a new body with the power of an ombudsman to investigate complaints. This move is welcome and timely. There have been many justified complaints about the existing mechanism and the way in which complaints against gardaí are dealt with. There is a perception that many complaints are not investigated properly and that breaches of discipline are not adequately dealt with. This has contributed to the breakdown in trust between the Garda and the public and it must be restored. Trust is both a fragile and precious commodity and it can easily be broken. The establishment of this Garda ombudsman commission will fully repair that trust and restore public confidence in the force.

The important element in the establishment of the Garda ombudsman commission is that it will be fully independent and a three-person body. This is to maintain full independence from the Garda. No person serving on that body will be a garda or a former garda. That is fundamental because criticisms of the current complaints procedure have centred on the inadequacies of gardaí investigating other gardaí which has resulted in an absence of confidence. The independence of the new commission is an important gesture.

Deputy Cuffe criticised the fact it will be a three-person board. He felt that was diluting the responsibilities. I beg to differ because one vital aspect of the commission is that there must be no sense of a personal vendetta on the part of a commission member against, for example, the Garda Commissioner. This is what happened in Northern Ireland in that it became a stand-off between personalities. This was not good for the force. This aspect of the legislation is somewhat protected by the provision of a three-person commission.

In general, the commission may decide whether it will conduct its own investigations or investigate specific complaints brought to it by the Garda Síochána. However, complaints involving death or serious physical injury must be investigated by the commission's investigators. When reading about this, I was prompted to think of the ongoing Abbeylara inquiry. The measures proposed in regard to the commission will be more satisfactory because I am not sure there is anybody who is satisfied to date with the Abbeylara inquiry, which seems to go on interminably. I doubt if the family of Mr. John Carthy are satisfied because it has not had closure and the satisfaction of a swift inquiry into the events surrounding his death.

I hope the new commission will obviate the necessity for inquiries such as that into the Abbeylara incident and will permit the conduct of the Garda to be investigated swiftly. I welcome the fact that there will be a staff of 80 people on the commission. This is an indication of the seriousness with which the Minister views the issue. It is important the commission is properly resourced, and the annual budget of €7 million is positive in this regard.

The commission will also examine Garda practices and procedures and, within two years of its establishment, will report to the Oireachtas on its effectiveness and the adequacy of its functions. This is important because responsibility rests ultimately with this House. We are representatives of the people and new initiatives must be checked. There is no point establishing a body and allowing it to go in the wrong direction by not performing its functions as intended. There is no better place than this House to set things right in such instances. The commission will do a great deal for morale among the force and, therefore, engender a greater level of trust among the public.

Another significant reform measure in the Bill is the establishment of an independent Garda Síochána inspectorate, in a bid to improve democratic accountability for the actions of the force. A healthy democracy is based on the principles of civil obedience, law and order. This requires a properly functioning police force which commands the trust, support and respect of the public. The Garda Síochána inspectorate will introduce the concept of benchmarking to the force, with standards, practice and performance benchmarked to comparable international policing experiences. The key objectives will be to ensure trust, promote the efficiency and effectiveness of the Garda and provide independent and objective advice to the Minister for Justice, Equality and Law Reform on the operation and administration of the force.

I also welcome the provision that Garda recruits must make a declaration to indicate their regard for human rights. However, I was somewhat astonished to observe this is a new measure. One imagines that members of the Garda Síochána would have respect for human rights when carrying out their policing duties, but it is an important measure to include. It recognises the need for members of the force to have well-developed interpersonal and communications skills, which are just as important as their ability to perform their duties competently and efficiently as officers of the law.

The Garda Síochána has its critics and must take fair criticism for the failures that have taken place in the past. We must form judgments on the force and its members but we would do well to remember the simple, spontaneous acts of bravery demonstrated by our unarmed gardaí on a daily basis. An incident took place last year, for example, whereby an unarmed female garda managed to apprehend a violent, armed and dangerous gangland criminal who was well-known to the Garda. The bravery of this garda in doing her job by confronting this menacing figure brought a great sense of pride to the force. We must remember that gardaí are unarmed in this increasingly violent and dangerous society. Time and again, there is evidence of the spontaneous bravery of the force.

A further reason to welcome this Bill is that it embodies the principle of community involvement. Deputy Upton referred to this week's report by the Lord Mayor into policing and crime in the Dublin area. It is timely that this report was issued when this Bill is before the House. The Bill provides for the establishment of joint policing committees with local elected representatives whereby the latter will be able to make recommendations about local policing matters. It is always good to have matters of this nature dealt with as closely as possible to where people have responsibility for the conduct in question.

The committees will also allow local gardaí to make recommendations to local authorities about steps the latter can take to reduce crime. This measure establishes on a formal basis the partnership between community and the Garda which is currently enjoyed by many communities. My area of Dún Laoghaire enjoys a tremendous service from its community gardaí. A common item at resident association meetings throughout the constituency is the report from the community garda. Great tribute is always paid to these gardaí because of the close co-operation they have with the local residents, who feel they know those who are looking after them by name and regularly see them on the beat.

Tackling crime on a local level is very much a two-way street. Councillors and local community representatives cannot fairly blame the Garda if they have failed to play their own part. Local authorities cannot criticise local gardaí for a rise in incidents of joyriding if they fail to put in place an appropriate infrastructure to deal with the problem. Nor can they fairly criticise an increase in mugging incidents if proper street lighting and other facilities are not provided by the local authority. They cannot criticise a rise in youth crime in areas that have been badly planned with no recreational services for local residents.

This part of the Bill was subject to a number of amendments in the Seanad and it has emerged stronger as a consequence. A Bill going through both Houses should change in its passage because we see things about our society which need to be changed. The Minister for Justice, Equality and Law Reform is to be commended for his acceptance of amendments. It is not every Minister who is so generous in accepting help, support and input from Members.

The provision for the establishment of a Garda reserve is particularly welcome as it maximises the potential of available policing facilities. Ireland is the only civil law country in the world without such a reserve on which to call and its establishment is long overdue. As the Minister made clear in his speech the reserve is in no way meant to be a replacement for the existing force, but rather it is intended as a valuable community resource to be called upon and used to perform certain functions at certain times.

When passed the Bill will ensure the Garda Síochána is a truly modern force, fit for the 21st century, efficiently organised and run. It will have the full faith, trust and confidence of the communities it serves. I thank the Minister for his energy and drive. I encourage him to continue the reforms he has brought in his portfolio. I commend the Bill to the House.

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