Séamus Healy (Tipperary South, Workers and Unemployed Action Group) | Oireachtas source

I commend Deputy Wallace on bringing forward this important legislation. The Bill will, no doubt, be voted down later on this evening by the Government. However, it puts in place a template for best international practice, which will be acted upon in the not too distant future. It is worthwhile reminding ourselves that many of the provisions in the Bill before us have been recommended in reports and papers published by the United Nations, the Council of Europe, the Irish Human Rights Commission, the Irish Council for Civil Liberties, the Combat Poverty Agency, the Fr. Peter McVerry Trust, Social Justice Ireland, the Morris tribunal, the Patten report and various other groups.

These are well known and well respected bodies and individuals who have contributed to drawing up this legislation. The Bill sets out best practice and will, hopefully, be acted upon in the not too distant future and put into operation.

Many cases of malpractice have been instanced in the course of this debate. There is no doubt that many such cases exist. Yesterday, we met some of the individuals concerned in the audio-visual room of Leinster House. I am currently dealing with three cases of malpractice and it is quite clear that there are such cases throughout the country. We have also had the Morris tribunal.

Even if there was never an allegation of malpractice against one Garda, this Bill represents the most sensible and fairest way of operating the Garda Síochána in a democratic state. The Patten report in the North of Ireland set out what is international best practice. To a large extent, this Bill follows that report's parameters.

I support the introduction of a Garda Síochána independent board, which would be an important step in strengthening the democratic accountability of An Garda Síochána. In addition, it would ensure that there would be trust in the force and its membership. It would lead to policing by consent, and community policing, throughout the country. That is a key element in this legislation.

It was stated earlier that the Garda Síochána Ombudsman Commission, or GSOC, was an important milestone in dealing with complaints when it was introduced. It might well have been, but in recent times it is clear that the commission is certainly suffering from a lack of co-operation from the Garda Síochána. I would go so far as to say that the commission is suffering from obstruction by Garda management. There is obviously a need to ensure that we have a fully independent Garda Síochána Ombudsman Commission that has full authority to act and is not being obstructed by Garda management.

The relevant section of the Bill will deal with that question by widening the admissibility of the criteria for complaints. It will also require mandatory supervision of all investigations by that office, rather than the current system whereby 40% of complaints are investigated by gardaí themselves. In addition, it would prohibit serving gardaí from forming part of the GSOC's staff. The latter two points are very important. We simply cannot have gardaí investigating themselves. It would not work for any other profession either. It simply does not work and it is quite clear from the recent report by the Garda Síochána Ombudsman Commission that it is not working and needs to be changed.

This Bill will bring about such change. I would hope that, even at this late stage, the Minister and the Government would accept the Bill and afford it a further reading. It could be amended, if necessary, as it proceeds through the House. I confirm my support for the Bill.

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