Niall Collins (Limerick, Fianna Fail) | Oireachtas source

In the context of the questions he posed, I hope Deputy Niall Collins will understand that I must formally bring to Cabinet the proposals for the heads of a Bill to amend the Garda Síochána Act 2005. I do not, therefore, want to discuss in detail what will be those proposals. However, I can confirm - as I did not Monday evening last - that where serious allegations are made in respect of misconduct on the part of a serving member of the force, that the matter would be referred to the Garda Ombudsman Commission. There is no difficulty with the latter being the case. I also wish to confirm that when the relevant amendments are enacted, the statutory position will effectively be that the office of confidential recipient will be rendered redundant. That office was created by my predecessor and it gives rise to all sorts of difficulties, allegations and conflicts, which are unfair to members of the force in general and to any individual members who have valid complaints to make. Such individuals do not have full visibility of what happens in the aftermath of a complaint being made.

Deputy Mac Lochlainn referred to accountability. In the past debates have taken place on whether we should have an independent policy authority or whether the relevant matters should ultimately remain the responsibility of the Minister. Under statute, the Garda Commissioner has full independence in making operational decisions. He is the Accounting Officer of the force and he reports to the Committee of Public Accounts. Ireland is a small country and the system we have in place allows for this type of discussion and debate in this Parliament. Ultimately, I am accountable to the House in respect of issues regarding or questions that arise in respect of the police force. The UK created a very complex structure in this regard some years ago and the authorities there have since discovered that it does not work very well and that there is a lack of accountability within it. I am of the view that, no matter how difficult it may be for a Minister for Justice and Equality of the day, Deputies should be able to raise direct questions or concerns with regard to the workings of our police force. I also believe that the Minister must be accountable. If we created a separate entity, we would not have that level of accountability which I believe to be important.

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