Charles Flanagan (Laois-Offaly, Fine Gael)

I join the Minister in extending my condolences and those of the Fine Gael Party to the family of the late Mr. Justice Haugh, the former chairperson of the Garda Síochána Ombudsman Commission, his passing in January being the reason we are approving this appointment this afternoon. Mr. Justice Haugh had a distinguished career, the final phase of which involved his chairmanship of the Garda Síochána Ombudsman Commission. He made an excellent contribution to the establishment of the commission in its early stages. I also take this opportunity to commend his work ethic and his commitment to the post. He leaves a fine legacy behind in the many areas of justice in which he participated during the course of his lifetime.

The late Mr. Justice Haugh is to be replaced by Mr. Dermot Gallagher, a man with an outstanding record as a diplomat and a public servant in his country. He served with distinction in San Francisco, at the UN in New York, in London, Nigeria and Brussels. His pivotal role in the negotiations which led to the Good Friday Agreement has being well documented. We are fortunate that he remains willing to serve and I congratulate the Minister on the appointment.

However, the appointment of Mr. Dermot Gallagher represents both a triumph and a failure for the Government. Securing the appointment of a person of Mr. Gallagher's status and stature is a most positive achievement. However, the process in which this appointment is taking place is unsatisfactory. The Minister has been a Minister in government for the past 11 years or more and during that time he has seen his party, Fianna Fáil, earn a well deserved reputation for cronyism. Friends of the party were appointed to all manner of State boards, prison visiting committees and film classification panels with no regard for their qualifications or aptitude in the relevant area. Ministers behaved like provincial dictators dispensing patronage on a regular and continuing basis. The only thing that mattered was the colour green of the Fianna Fáil Party membership card.

We are still left in the league of perhaps some tin-pot South American dictatorships or some of the less democratic African regimes. However, the majority of modern democracies have moved from such medieval practices. Regrettably, cronyism is alive and well in Ireland under Fianna Fáil. We only need consider the recent banking and financial scandal to see the labyrinth and network of cronies with fingers in the pies of banks and property development all leading back to the tent at the Galway Races. It is time that changed.

It is important that we bring this country into line with best practice and accountability. My party, Fine Gael, recently suggested that the Dáil be something more than a rubber-stamp, if an appointment comes before the House at all, which generally it does not. The only reason it does in this case is that the Ombudsman Act 2005, as the Minister rightly said, requires a positive resolution of the House to approve or ratify this appointment. We should do things differently.

The Fine Gael proposal is that the practice of placing persons on State boards, whose sole qualification is political allegiance, will end. The suitability of appointments must be vetted by the appropriate Oireachtas committee.

Fine Gael recently published the Public Appointments Transparency Bill 2008, the purpose of which is to provide a measure of accountability and Oireachtas oversight into the appointment of persons to the boards of statutory agencies and public bodies. The Bill makes provision for the placing before Dáil Éireann of the names and qualifications of ministerial nominees to statutory agencies and public bodies. One can exercise a degree of oversight in respect of not only the names and qualifications, but also the aptitude and suitability of the person. The Bill provides for the appearance before the relevant Oireachtas committee of proposed nominees for appointment to the position of chief executive and board chairperson of statutory agencies and public bodies. It provides for confirmation by way of resolution of Dáil Éireann of nominees to the position of chief executive and board chairperson of statutory agencies. It provides that the names of other board members of statutory agencies and nominations to other public bodies shall be laid before the appropriate Oireachtas committee 21 days prior to their nomination taking effect. In doing so the Bill provides a safeguard to ensure that only the most qualified and suitable available candidates are appointed to the position of board chairman and chief executive resulting in greater confidence in the management of statutory agencies.

In introducing the Bill, we are seeking to bring a higher level of standard to high places. The Bill would play a key role in introducing transparency to the appointments process. It would go some way towards restoring people's faith in politics and I appeal to Ministers to be more open-minded about the Bill than they have been about other worthy Private Members' Bills in the past.

By appointing Mr. Dermot Gallagher and then asking this House to rubberstamp the decision, Fianna Fáil has lumped in a distinguished civil servant with the rest of its cronies. It has prompted civil rights agencies to question the absence of an open and transparent recruitment process, which is a shame. Mr. Gallagher should have been given the opportunity to come before an Oireachtas committee to answer questions about his suitability for this post, a task that all Government appointees to State agencies and boards should be subject to. Failing to introduce a transparent and accountable appointment procedure by allowing the Oireachtas a real say in appointments does little for the reputation of the Government, casts an unfair shadow over appointees of the stature of Mr. Gallagher, angers the public and leads to Ireland scoring very poorly in corruption indices carries out by international bodies such as Transparency International. Only this week we have seen a report from that body.

It is high time that we brought our practices up to date and into line with other democracies. It is regrettable from Mr. Gallagher's perspective that he did not have the opportunity to subject himself to questions and scrutiny on appropriateness because I believe he would have done really well. I do not believe anybody in this House could have anything but the highest regard for one of the State's most outstanding public servants.

Since its establishment in May 2007 the Garda Síochána Ombudsman Commission has been very busy. It has received more than 3,000 complaints from the public and in excess of 300 referrals from Garda headquarters. Some 34 files have been sent to the Office of the Director of Public Prosecutions.

As a constituency Deputy, I am sometimes approached by members of the public who feel they have a case involving their dealings with the Garda that merits and requires investigation. Having an organisation with a statutory remit to investigate such claims makes perfect sense, both from the point of view of the complainant and the individual being complained about. On its introduction we welcomed the provisions of the Garda Síochána Act 2005 that gave rise to the Garda Síochána Ombudsman Commission. I am very concerned about proposals to limit the remit of the commission to major cases only. I heard the Minister make reference to this again this morning. On the one hand, I can see why the commission would believe that its time would be better spent on the big issues. On the other hand, issues that may be minor for the commission can be a major cause of concern for the complainant. It is essential that justice is not only done but is seen to be done and, accordingly, I would urge both the commission and the Minister to ensure that the commission continues to operate a broad remit. If a lack of resources is an issue, the Minister should examine that issue.

It is two years since the body was established. I would like the Minister to brief the House on how he considers the commission is operating, if it is being held back in any way whether by reason of legislation or resources, and what can be done to help the commission to carry out its functions in the most effective and efficient way possible. How often, for example, is the Minister briefed on the work of the commission?

It is essential that complaints, particularly those of a very serious nature, are investigated in a thorough manner. Nothing less will do in the context of restoring public faith in the Garda Síochána in the light of recent damaging developments such as those confirmed by the findings of the Morris tribunal, the likes of which must never be allowed to happen again. It is essential that lessons be learned from Donegal and that all the recommendations of the Morris tribunal be carried through to the letter.

In spite of good progress on the findings of the Morris tribunal and corresponding legislative and structural change to the operation and management of the Garda Síochána, concerns still remain. In particular, recent reports have alleged that there are issues of mismanagement, bullying, unacceptable behaviour and unlawful practices at Garda stations in County Cavan. I would hope these are subjected to appropriate scrutiny and dealt with in a thorough manner. There is also concern at the recent Galway taxi case which again goes to the heart of the relationship between the Garda Síochána and the citizens.

Efficiency is key in that allegations must be investigated and dealt with appropriately as soon as possibly to restore the faith of the citizen in the structures of the State and in particular the Garda Síochána. Nothing less is required for the honour and reputation of the Garda, the vast majority of whose members have served with dignity and distinction since the foundation of the State. Nothing less is required for the citizens of the country and for democracy to flourish and prosper here.

I am particularly concerned at the recent case involving the alleged drug dealer and Garda informant, Mr. Kieran Boylan, which should be vigorously and efficiently investigated and, if appropriate, matters should be referred to the appropriate authorities. I understand that the commission is engaged in a public interest inquiry in this matter, but there needs to be a timeframe and the report needs to be advanced urgently.

It is not lightly that I mention the name of any citizen in this House. It has been alleged that Mr. Boylan, a drug trafficker, had a relationship with the Garda that facilitated collusion and resulted in Boylan being shielded from drugs charges by a small group of gardaí in this city. It is alleged that while working with the Garda, Mr. Boylan was trafficking drugs into this jurisdiction with the knowledge of certain members of the Garda who appear to have turned a blind eye and did all in their power to keep him out of prison. Questions must be answered in respect of why charges against Mr. Boylan for importing heroin and cocaine worth an estimated €1.7 million, seized at a truckers' yard in Ardee, County Louth in the Minister's constituency in October 2005, were dropped and a nolle prosequi entered. It is alleged the reason is that Mr. Boylan threatened to reveal details of his relationship with members of the force, which would cause embarrassment. Moreover, it has been reported that when people discovered drugs on Mr. Boylan's premises in 2004 and reported the matter to the Garda in confidence, they were subsequently threatened by Mr. Boylan and his associates, and the Garda appears to have failed to act on the information in an appropriate or any manner at all.

The breach of trust that would result in a confidential report to the Garda by members of the public being ignored and then the person complained about being told about it and threatening those who were carrying out their civic duties is a gross breach of trust and must be investigated. Internal Garda inquiries are no longer satisfactory in matters as serious as that involving Mr. Kieran Boylan. It is essential that the commission carries out this investigation with great care and efficiency but within a specific and definite timeframe. Nothing less is required at this delicate moment in the history of the Garda Síochána.

I acknowledge the Office of the Garda Síochána Ombudsman Commission. I salute those involved for their work to date. I urge the commission to retain its broad remit, to speak out if resources are holding it back and to play its part in maintaining public confidence in the Garda Síochána. I congratulate Mr. Dermot Gallagher on his appointment and wish him and his colleagues well in their important task ahead. I congratulate Mr. Dermot Gallagher on his appointment and wish him and his colleagues well in the important tasks that lie ahead.

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