Dermot Ahern (Louth, Fianna Fail)

I move:

That Dáil Éireann, noting that the Government on 3 February 2009 nominated Mr. Dermot Gallagher for appointment by the President to be a member of the Garda Síochána Ombudsman Commission and to be its Chairperson, recommends, pursuant to section 65(1)(b) of the Garda Síochána Act 2005, that he be appointed by the President to be a member and to be Chairperson of the Commission.

The Government at its meeting of 3 February decided to nominate Mr. Dermot Gallagher for appointment by the President as chairperson of the Garda Síochána Ombudsman Commission in accordance with the Garda Síochána Act 2005. A vacancy in the position of the chairperson arose following the untimely death of Judge Kevin Haugh.

On my own behalf and on behalf of the Government, I place on the record my appreciation of the work done by Judge Haugh as the first chairperson of the ombudsman commission. He devoted his considerable talents and much energy to its establishment and was assiduous in his concern that the commission should operate to the highest standards. In addition to his formidable intellect, he was possessed of a warm personality and great good humour that won him many friends at the Bar and beyond. I would also like to express, once again, my condolences to his family and many friends on their loss.

The motion which comes before this House today arises from the operation of the Garda Síochána Act 2005. This is a piece of legislation which has thoroughly reformed the institutional landscape of policing in Ireland. As Deputies will be aware, the Garda Commissioner has been given greater autonomy in the management of the Garda Síochána.

Along with greater autonomy the Act has provided for greater accountability. For example, as Accounting Officer, the Garda Commissioner is directly answerable to the Committee of Public Accounts and has come before that committee on many occasions since the passing of the legislation. He has also taken over responsibility for the employment of the civilian staff of the Garda Síochána from my Department. The Act also provided for the Garda Inspectorate, which acts as a driver of efficiency and effectiveness for the Garda Síochána as it benchmarks the performance of the force against comparable police services and international best practice.

One of the most significant and most important changes instituted by the 2005 Act was the establishment of the Garda Síochána Ombudsman Commission, which replaced its forerunner, the Garda Síochána Complaints Board. I put on record my thanks to the members of the board over the years, and all the staff who served there, for the commendable work they did. The replacement of the board is in no way a reflection of the quality of its efforts and it is rather a recognition of the weaknesses in the legislation under which it operated.

As the body charged with handling complaints against members of the Garda Síochána the ombudsman commission is empowered to independently investigate complaints against Garda members. It has also been conferred by the Act with policing powers of arrest and detention. The commission's role and values are summed up in the words contained in its official logo — inquiry, independence, impartiality.

The ombudsman commission has been in operation since May 2007 and has received just over 5,000 complaints to date, 3,539 of which have been finalised. I know that there is a lot of interest in the work of the ombudsman commission and, in particular, in certain cases it has dealt with, as well as other cases it is currently pursuing. As the commission is a fully independent body, it would not be appropriate for me to comment on the specific facts or other elements of any particular case handled by the commission.

With regard to staffing matters, there are 98 sanctioned posts in the ombudsman commission, not including the three commissioners, along with four seconded Garda superintendents. The ombudsman commission has invested heavily in the training and development of its staff. In that area it has worked extensively with the University of Portsmouth and the King's Inns in developing state-of-the-art training for its investigative staff, in particular.

The ombudsman commission's budget allocation for 2009 is more than €11 million. This represents a significant investment on the part of the State in the commission and it also reflects the importance of the functions that are involved.

Arising from the experience of its initial period of operation, the ombudsman commission has brought forward a number of proposals for amendments to the provisions of the 2005 Act governing the investigation of complaints against members of the Garda Síochána. The proposals made by the ombudsman commission are still under discussion with the commission and with the Garda Síochána. The issues concerned involve considerable complexity not only from a legislative standpoint but also from an operational one. They require careful consideration by all parties concerned. However, work has been done towards preparing the necessary statutory amendments. I hope that any outstanding issues will be resolved quickly and that I will shortly be in a position to bring proposed legislative changes to Government.

The appointment of members of the Garda Síochána Ombudsman Commission is dealt with by sections 65 and 66 of the 2005 Act. There is a specific formality about the appointment provisions which marks the importance of the commission and its independence. In that context it should be noted that the Act requires the President to make the appointments. Aside from members of the Government and the Judiciary, a very limited number of public appointments are made by the President.

While a person is nominated for appointment as a member of the commission by the Government, it is a requirement that any such appointment must be approved by the Oireachtas in the form of the passage of resolutions by the Dáil and the Seanad recommending the appointment. This is the purpose of the resolution which is before the House today.

The first members of the commission, the late Mr. Justice Kevin Haugh, Ms. Carmel Foley and Mr. Conor Brady, were appointed for a six year term with effect from 12 December 2005. There was unanimous support in both Houses for these appointments. I sincerely hope that this will also be the case in respect of Mr. Gallagher.

The tasks of the chairperson of the Garda Síochána Ombudsman Commission are wide-ranging and demanding. They include overseeing the investigation of complaints of misbehaviour on the part of members of the Garda Síochána; the exercise of policing powers by the commission; management of a large caseload; and supervision of the operation of the relevant provisions of the Garda Síochána Act. These, and the other challenges of the office, require a chairperson of excellent judgment and decision-making, proven management skills and the ability to lead a team of fellow commissioners, investigators and administrative staff.

In Mr. Dermot Gallagher the Government has nominated a public servant who has served this country with great distinction for many years as a senior diplomat and in other fields of public administration. In that regard the Government is fully satisfied that Mr. Gallagher has the necessary capacity and qualifications to make an excellent chairperson of the ombudsman commission. Members of the House will be aware Mr. Gallagher recently retired as Secretary General of the Department of Foreign Affairs. He previously served as Secretary General in the Department of the Taoiseach. At Secretary General level, which is the very highest post in the Civil Service, he managed the work of two Departments at the heart of Government with broad and complex remits. Mr. Gallagher is one of Ireland's most distinguished public servants. In particular, he played a central role in the negotiations which led to the conclusion of the 1998 Good Friday Agreement. As Minister for Foreign Affairs, I saw at first hand the diligence, acumen, judgment and leadership skills that I have no doubt he will be in a position to bring to bear as chairman of the ombudsman commission.

Section 66(6) of the Garda Act provides that a person appointed to fill a vacancy following the death of a member of the ombudsman commission shall hold office for the remainder of the term of office of the replaced member. Therefore, the new appointee will only serve until 2011.

Given the importance of the post and the limited duration of the appointment, the Government decided that the position should be filled without delay. It should also be noted that the nomination process adopted in the case of Mr. Gallagher is very much the same as that which was followed when the first members of the commission were nominated by the Government in 2005.

In addition, I would like to mention another aspect of the terms of the appointment. Unfortunately, there has been some speculation in regard to the remuneration for this appointment. In that regard, I want the House to note that Mr. Gallagher has offered to take on the position at an annual salary of €90,000. This will result in a saving of €153,000 per annum.

The role of any police force is extremely challenging. At its core is the prevention and detection of crime and the maintenance of public order. This role frequently brings gardaí into contact with members of the public in what are often difficult circumstances. To carry out their tasks gardaí are given extensive powers, including powers of arrest and detention. These powers, although used in challenging and often dangerous circumstances, must be exercised in a lawful and proportional manner.

The Garda Síochána Ombudsman Commission has been established to investigate complaints of misbehaviour by members of the public on the part of gardaí. It too has a very demanding role.

The highly skilled and dedicated staff of the commission require a chairperson equal to the challenges of the brief. The Government considered carefully the question of whom to nominate to the post of chairperson. In Mr. Dermot Gallagher we are satisfied that we have found a public servant with an outstanding record of achievement who clearly has with the intellectual capacity, expertise and personal dedication to lead the Garda Síochána Ombudsman Commission. I am therefore very happy to recommend the adoption of this resolution to the House.

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