Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

I move amendmentNo. 12:

In page 10, to delete lines 22 and 23 and substitute the following:

"'Garda Ombudsman' means Ombudsman an Gharda Síochána established under section 57;". This is our first opportunity to discuss anything regarding the Garda ombudsman — ombudsman an Gharda Síochána. The other amendment is No. 73, which is to delete line 29 on page 16 and substitute "Ombudsman an Gharda Síochána". This is in line with the points that I was making regarding titles of organisations being in the first language of the State, as Gaeilge, and translated thereafter if required — there is no need in this case — into English. That is the sum total of what I intend. There is a difference here. I am surprised that for once what I intended was not ruled out of order as a potential cost to the State. I do not intend a commission but a single ombudsman in line with our obligations under the Good Friday Agreement to have legislation equivalent to that affecting human rights in the Six Counties.

The other point in this regard is that there is consensus among the Opposition and across the political divide. There seems to be support from the Minister, who has agreed to oversee the implementation of the Bill, for a single ombudsman as the preferred option, rather than a trio who might formulate contrary views when dealing with complaints. The Human Rights Commission, the Irish Council for Civil Liberties and others, including Senator Maurice Hayes and, as I remember from Committee Stage, all the Opposition parties agreed it was the best course of action. It was the course we suggested when we made our presentation and submission to the Minister in response to his request for views on the future of the Garda Síochána and how it might be changed for the better.

We made a quite detailed party submission in that instance, as Gaeilge agus as Béarla. Leag muid amach go díreach cén fáth gur cheart d'ombudsman —"fear an phobail" nó "bean an phobail" as Gaeilge — a bheith neamhspleách ar an Gharda. Duine amháin a bheadh i gceist a cheapfaí ar mheán oscailte. Chomh maith leis sin, bheadh na hacmhainní cearta ag an duine agus a lán eile dá réir. Más gá, is féidir liom an rud iomlán a mhíniú don Aire.

The recommendations regarding the Garda ombudsman in that submission were a page and a half long, as the Minister may remember. Regarding the submissions that he received at that stage from other bodies and individuals, in most cases where an ombudsman was mentioned, it was in the singular, along the lines of what those in the Six Counties have enjoyed for several years under Nuala O'Loan, who has done great work.

I have the Human Rights Commission's recommendations. It explained in great detail why it required a transparent appointments system. I made quite a detailed presentation. The ICCL did something similar regarding the establishment and functions of the Garda Síochána ombudsman. I had another one to hand a few minutes ago, but I am struggling with all this documentation. I believe that Professor Dermot Walsh also produced a critique of the proposed Garda complaints procedure.

It is very difficult to produce a consensus on such issues, but the Minister has stuck stubbornly to his version. There was some movement on his part, since he originally had two totally different functions tied up in one structure. At least now he has separated the ombudsman from the Garda inspectorate. However, he is still free at this stage to admit his mistake and accept that a single individual is required —"fear an phobail" or "ombudsman an Gharda Síochána". Not only is that needed; we also need similar funding and staffing to Nuala O'Loan's office.

When I raised this matter on Committee Stage, the Minister said that we did not have the same history as the Six Counties and that it would therefore not be required. However, when one considers what emerged in the second report of the Morris tribunal and what may come out of the other eight modules, all of which deal with only one county, one understands the need for a single individual with a single focus and the money, resources and staff required to investigate all complaints. The Garda Síochána Complaints Board has not had the number of complaints that it should have had because no one had any confidence that it was willing to address problems, or achieve any sort of constructive result when it did.

Whatever system we have after this Bill is passed must be fully resourced. Someone with a single focus is the way forward. I was intrigued that Fine Gael made the creative and constructive suggestion that there be a single ombudsman for policing on the entire island. I congratulate them on an all-Ireland aspect which we should examine. However, perhaps we should have considered it earlier on Committee or even Second Stage.

See this speech in context