Michael McCarthy (Cork South West, Labour) | Oireachtas source

I will begin my contribution by welcoming the fact that the Minister for Justice, Equality and Defence has lifted the ban on recruitment to An Garda Síochána. That is very significant not least for the reasons set out by Deputy Coonan such as the boost to the economy. It is also a very good boost for those of us who hold out hope for the restoration of the public finances. It is also a good testament to the reputation enjoyed by An Garda Síochána. A very good expression of public confidence in An Garda Síochána is the fact that over 27,000 people have expressed an interest in joining the force at this very difficult time in our country's history. I know the Minister has put on record that he does not want to see the force drop below 13,000, which is very important.

The purpose of this Bill is to strengthen the independence and functions of the Garda Síochána Ombudsman Commission. I wish to put on record that I reject the notion that the functions set out in the Garda Síochána Act 2005 require strengthening and I reject the implication of the Bill brought forward by colleagues on the other side of the House. We all know the genesis of the Garda Síochána Act. It arose out of the findings of the Morris Tribunal. While any incident of maltreatment is an incident too many, by and large, we have been served very well by members of An Garda Síochána and the force. I often think we need to enjoy comment in the hear and now as opposed to any angle that individuals or groups may wish to put on that.

The Garda Síochána Act 2005 is without doubt the most profound legislation relating to the force in the history of the State. It was a catalyst and vehicle for the most fundamental reform and transformation of An Garda Síochána. It goes to the very core of policing, recasting in statute form the formal relationship between the Executive, the Minister, the Oireachtas and An Garda Síochána, as well as the force's relationship with local government. The Garda Síochána Act 2005 established the independent Garda Síochána Ombudsman Commission, GSOC, and the Garda Síochána Inspectorate, which provides expert advice on achieving the highest levels of efficiency and effectiveness in the operation and administration of the force. The GSOC is independent and is responsible for receiving and dealing with all complaints made by members of the public concerning the conduct of members of the Garda Síochána. These are significant steps forward in terms of police oversight and an important step in mainstreaming human rights in Irish policing.

In addition to the Minister being answerable in Dáil Éireann for the Garda Síochána, the 2005 Act also made the Garda Commissioner the Accounting Officer for the Garda Síochána and liable to appear before the Committee of Public Accounts. When I served on that committee up until before the Christmas recess, the Garda Commissioner and assistant commissioners appeared before it. While one could argue that it is an accounting role and the Committee of Public Accounts is concerned with expenditure by the force, we invariably would go into issues like policing. I have always found Commissioner Callinan and his team to be very engaging and anxious to constructively interact with Members of the Oireachtas through that forum.

The powers available to GSOC are very wide ranging and sufficient to ensure that it is well equipped to investigate allegations of criminal misconduct and or alleged breaches of discipline. I wish to make a very important point. GSOC came into effect in 2007 and has dealt with over 2,600 complaints since then. Some of them are vexatious and we should never forget that. If anything needs expansion, it is the role of GSOC in terms of reports it receives of incidents. Approximately 80% of those are referred back to An Garda Síochána to investigate. If anything needs improvement, it is the role of GSOC in terms of how it approaches all allegations. I believe it should investigate all of them.

We do not need to be on a collision course with any other arm of the State. In terms of conducting public debate about An Garda Síochána, we need to leave any baggage outside the door and come to this with the best possible objective, which is to have an effective, properly resourced and efficient police service. That is very important in the current climate. I pay tribute to the Minister for the manner in which he has resourced the force in very difficult economic circumstances and the manner in which he has interacted constructively with the management of An Garda Síochána in order to ensure that we get no less than what we are entitled to, which is an effective and efficient police force which does a very effective and efficient job.

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