Dáil debates

Wednesday, 17 July 2013

Garda Síochána (Amendment) Bill 2013 [Private Members]: Second Stage (Resumed)

 

6:25 pm

Photo of Sandra McLellanSandra McLellan (Cork East, Sinn Fein) | Oireachtas source

The Garda Síochána Ombudsman Commission confirmed to me yesterday that it is overburdened and under-resourced. Since it opened its doors to the public in May 2007 it has received some 3,500 complaints, 900 of which allege criminal behaviour on the part of gardaí. Sinn Féin is of the view that if the GSOC is to achieve its stated and essential mission of providing an effective complaints mechanism in which the public can have confidence, then the Government must make additional resources available.

In many respects not much has changed since then. There is still an issue as regards how the Garda co-operate with the GSOC. We saw that recently with an issue relating to Mr. Kieran Boylan who was allegedly found with significant amounts of cocaine and heroin and is a convicted drug dealer; he had serious charges dropped against him with no explanation and there was also the question of how he obtained a haulage licence after his conviction. This led to much discussion, particularly after the GSOC highlighted the matter. It has said in its correspondence with Oireachtas Members that it does not have the ability to do the job it is asked to do. The report used words such as "grave concern" about the level of co-operation from An Garda Síochána with an investigation into an extremely serious matter where allegedly a drug dealer had charges dropped. The GSOC reports seeking information from gardaí and being queried as to its relevance as well as being obstructed in different respects. That is not good enough. Clearly, there is need for reform.

I welcome this legislation. It is positive and it can add to the independence of the commission and ensure that it has the power and teeth to carry out its task. The board the legislation seeks to set up will include representations from joint policing committees, JPCs. I am a member of three JPCs, Youghal Cobh and Mallow and I recognise the excellent work that they do. It is where the community has its say. However, it does not have enough powers or strength and this would be a welcome new role. Notwithstanding that point, we would take a different approach to that taken by the proposers of the Bill. What Sinn Féin is calling for is an entirely autonomous and independent policing authority with its own independent budget and with strong powers of investigation. We also believe that it is important that there is a separation of the Government from the Garda. The power of appointment of senior gardaí by the Government must be removed in order to enhance transparency and oversight. However, these are issues which could be addressed on Committee Stage.

I recognise the essential role of the Garda Síochána and the considerable commitment most gardaí show in fulfilling their duty. From my experience of working with gardaí on the ground and on JPCs, I know many of these gardaí and know them to be excellent, honest, community-minded gardaí who would never abuse their power. However, it is essential that we have tools to punish and remove gardaí who do wrong. I believe that this is not only the interests of the wider community and of justice but it is the interests of honest gardaí that the reputation of the force be underpinned by a strong ombudsman system.

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