Mick Wallace (Wexford, Independent) | Oireachtas source

The Minister referred to the Garda Síochána Act 2005. The objectives of the commission were set out as being to establish a system for dealing with complaints that is efficient, effective and fair to all concerned,and, second, to promote public confidence in the system. Does the Minister admit that the recent comments of the UN rapporteur following her visit in November 2012 demonstrate that the institution of the ombudsman has failed to achieve both of those objectives?

There were over 13,000 complaints but only 149 of those were referred to the DPP, which does not seem like a great turnover. The UN human rights report expressed concerns over the excessive dependence by the Garda Síochána Ombudsman Commission on the Department of Justice and Equality. The rapporteur called for the creation of an entirely independent Garda ombudsman. The type of over-reliance on the Department of Justice and Equality referred to by the rapporteur was demonstrated recently when the Minister refused to order an ombudsman inquiry, under Section 106, into the penalty points controversy, leaving the hands of the ombudsman tied. In that context, does the Minister have a date for the completion of the internal inquiry into that issue? We have been receiving reports that the Assistant Commissioner who is carrying out the investigation into the penalty points controversy is retrospectively trying to legitimise the malpractice that was rampant among senior gardaí. I am very worried about the transparency and accountability in this regard, especially given the fact that the Commissioner himself has pretty much rubbished the whole exercise.

I would be very surprised if the Minister could say that he is very happy with the functioning of the ombudsman's office. There are about 80 people working in the commission, occupying three different premises in the country. The commission is very costly but we are not really getting much bang for our buck. Does the Minister agree?

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