Joan Collins (Dublin South Central, People Before Profit Alliance) | Oireachtas source

I am extremely disappointed by the Government's response to this considered and well-drafted Bill which deals with very important issues. Deputy Wallace and his staff did a great deal of work on the legislation. More important, as the Deputy will agree, I salute those who are present in numbers in the Gallery, in particular those who gave testimony about the issues they face. I take offence at statements to the effect that nothing is being done to address Garda corruption at certain levels. The people in the Gallery travelled to Dublin to give testimony and relate what is happening in their communities.

The Minister referred to measures to promote human rights and inform members of the Garda of their responsibilities and noted the establishment of a committee to advise senior Garda management. What mechanism is in place to ensure citizens' human rights are not breached and to deal with complaints made by members of the public? We need a well-resourced, independent body to investigate such complaints.

I refer to the death some years ago in my constituency of a 21 year old man who had been held in Rathfarnham Garda station and was later found in a coma in a nearby estate. While I do not know what happened to the young man in question - an open verdict was returned at his inquest - I am aware that the internal Garda investigation did not answer serious questions arising from the case. For example, why was a person being held in a Garda station while awaiting transfer to a second Garda station suddenly released? The family of the dead man could not obtain answers about what had taken place and were treated with what can only be described as contempt. They were not afforded any rights and were subject to cruel and organised harassment by members of the Garda Síochána.

The suggestion that gardaí should investigate other gardaí is not acceptable, as the European Court of Human Rights recently ruled in the Govell v. UK case. In its findings, the court held that police investigating complaints against police officers, where the complaint suggests a breach of a right under the European Convention on Human Rights, is a breach of Article 13 of the convention providing a right to an effective remedy. The measures in the Bill would remedy this issue by widening the criteria that apply in respect of time limits and including breaches of the new code of service. Currently, only 40% of complaints are deemed admissible. Of these, 40% are investigated by gardaí without supervision by the Garda Síochána Ombudsman Commission. Under the Bill, complaints could only be referred to gardaí with the consent of the complainant. The key issue is that gardaí and retired gardaí should not be involved in the investigation of complaints.

The Minister stated the Bill had two main objectives, namely, to strengthen the independence of the Garda Síochána Ombudsman Commission and establish a Garda Síochána independent police board. The third objective of the Bill is to increase Garda autonomy and its independence from central Government, direct ministerial control and political influence. In pointing out that the Garda has responsibility for State security as well as civil policy, the Minister makes an argument for greater accountability and the dilution of political control of the police force.

In 2001, while in opposition, the Labour Party introduced a Bill which called for an independent policing strategy. The current Ministers and then Deputies Eamon Gilmore, Brendan Howlin and Pat Rabbitte fully supported the legislation, arguing that ministerial power over the Garda was excessive, while the then Deputy Alan Shatter argued for greater democratic accountability. Why are they now throwing their hands in the air and arguing that they cannot do anything?

The reforms proposed in the Bill are crucial if we are to ensure the highest standards are maintained in the Garda Síochána and there is confidence in the impartiality of the law. The policing service is certainly not corrupt by international standards. The purpose of the legislation is not to undermine the Garda but to ensure high policing standards are maintained in all circumstances. If, on occasion, these standards are not maintained, effective redress must be provided for those affected. This is the objective of the Bill.

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