Dermot Ahern (Louth, Fianna Fail)

Section 106 of the Garda Síochána Act 2005 enables me, either on my own initiative or on the recommendation of the Garda Ombudsman Commission, to request it to examine a Garda practice, policy or procedure for the purpose of preventing or reducing the incidence of particular types of complaints.

My immediate predecessor received two such recommendations. In one case, relating to certain aspects of the fixed charge processing system, he recommended an examination. In the other, relating to the subject of this question, he was not persuaded of the need for an examination at that time. Clearly I will keep this under review, as my predecessor would have but I, like him, need convincing arguments to persuade me to request an examination under section 106 at this stage.

It is fair to say that an examination under section 106, with its objective of preventing or reducing the incidence of particular types of complaints, would normally arise from significant experience of complaints sufficient to identify patterns or trends. That might not always be necessary, and clearly the particular circumstances of the recommendation on the fixed charge processing system enabled my predecessor to request such an examination, but it certainly was the general expectation behind the section, and understandably so.

The Ombudsman Commission has been in operation for more than one year and its experience of the trends and patterns of complaints is still developing. I am conscious, too, that it has a heavy workload of complaints to deal with, and I am anxious not to overburden it with additional tasks at this time, unless it is clearly necessary.

I will, therefore, keep this matter under review in the light of the developing experience of the Ombudsman Commission, and I will remain in dialogue with it.

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