Charles Flanagan (Laois-Offaly, Fine Gael) | Oireachtas source

It should not be forgotten that the Garda Síochána has served this country well since the foundation of the State. Its unarmed status is a very important facet of its existence, of how it does its business. It is an organisation that has the trust and confidence of the general public which has been measured on numerous occasions over the years. The Garda Síochána is not a perfect organisation. It must be acknowledged that over the years it has made some very serious mistakes. The question is whether it will make mistakes in the future. Will some gardaí do wrong? The answer is probably "Yes".

I refer to a recent article in The Irish Times by someone I have never quoted before, the journalist, Fintan O'Toole. He encapsulates quite well the point I have made:

One thing that needs to be made clear here is that there's nothing really shameful in a democracy about the existence of some malpractice in the police force. There will always be malpractice in police forces. It is in their nature. They have extraordinary powers and, because they operate under pressure and danger, they have very strong internal codes of loyalty and omerta. This is a perilous combination. It will generate problems in the best-run police forces in the best-governed countries.

That is an important point for us at this juncture because the police service in this country is one of the key institutions of state. It is incumbent upon us as legislators to ensure that at all times we have the best possible police service. We require the Garda Síochána to provide a policing service striving for the highest standards of integrity and professionalism in the manner in which it carries out its daily duties.

I want to challenge the use of the word "force" in the context of the Garda force - the members of the force, the force is behind me, my force. The word, "force" has connotations of control. For many people it can have connotations of intimidation. The word is outdated and should no longer be used. The Garda Síochána is there to serve; it is the Garda serving the State, serving the people. It is in the clearest of public interest that a high level of trust and confidence is retained in the Garda Síochána and this is reflected in studies undertaken and in opinion polls. Previous inquiries have highlighted major weaknesses and serious malpractice in the Garda Síochána. Today, Vincent Browne comes back to one of his more favoured topics when he lists the series of allegations over the years, some of which have been subject to an inquiry while others have not, but all of which point to some form of allegation of malpractice, that all is not right and that matters need to be improved.

There is something wrong when we have an unhealthy organisational culture and practices that have developed in many large organisations, be they the banks, the Catholic Church or more recently, as evidenced in cases of medical malpractice. We need to examine these examples from a cultural perspective and to ensure that what happened and what was tolerated in the past is no longer tolerated or regarded as acceptable practice. The former practices of protecting wrongdoing, sweeping under the carpet information that may be uncomfortable for an institution of state, are well gone. These days are finished. These matters, by and large, are being dealt with by this House which has provided leadership, particularly in recent years.

The same applies to members of the Garda Síochána. Gardaí at all levels must uphold their obligation to the law and to the truth above any loyalty to their organisation or their colleagues. There is no room for misplaced loyalty and no room for bullies putting their own survival or their career path above the service of the State and the people.

It is important that we learn the lessons of recent events. We must allow the various inquiries that are under way to continue their work unimpeded by this House. One of those inquiries is the assessment of issues by Mr. Seán Guerin, who has been asked to report his findings and to make recommendations before Easter. The Taoiseach has indicated that no matter what Mr. Guerin recommends, he will publish the report immediately and we will have an opportunity to deal with the matter in this House. In addition, the Government has appointed the retired High Court judge, Mr. Justice John Cooke, to conduct an independent inquiry into reports of unlawful surveillance of the offices of the Garda Síochána Ombudsman Commission. That public interest investigation is expected to take up to eight weeks to complete. Again, its report will be published and acted upon in this House.

The functions and operation of GSOC, which arose out of the Morris tribunal, are now in need of review. We need to strengthen the commission's remit and its resources. The Minister has indicated that this job of work will be the subject of a broader undertaking by an Oireachtas committee. In the meantime, the Government has approved proposals, which are being brought forward in tandem with the Protected Disclosures Bill 2013 introduced by the Minister for Public Expenditure and Reform, Deputy Brendan Howlin, to allow gardaí to make complaints directly to GSOC. Pending the early enactment of that legislation, the Minister, Deputy Shatter, has confirmed the appointment of an interim confidential recipient.

As part of its hearings into these matters, the justice committee should examine international best practice. Recent comments by the former Police Ombudsman for Northern Ireland, Nuala O'Loan, who has direct experience of changing the culture of a police service, are instructive in this regard. Ms O'Loan should be invited to attend the committee hearings and I look forward to hearing her views. We have also heard apposite remarks from a former member of GSOC, Conor Brady, who also can speak not only with experience but with some expertise.

It has become clear that the management structure within GSOC is fundamentally weak and that must be rectified. What is most important, however, is that senior Garda management engage with whistleblowers when required and ensure effective systems are in place for handling such issues. There is a place for whistleblowers in our society, in both the public and private sectors. They must not be demonised by their colleagues or denigrated by senior management for raising concerns, especially where a failure to act on allegations could have a destabilising effect on the entire justice system. In addition, we need to examine the situation regarding our bail laws. The referendum that took place in 1996 resulted in the implementation of certain changes, but there remain fundamental difficulties to be addressed, some of which have arisen in the context of recent allegations.

We must ensure a strong culture of respect throughout our institutions of State, including the Garda Síochána. That includes respect for colleagues, for the law, for high standards and for professionalism in the manner in which gardaí do their business. Most of all, we must ensure respect for the truth. The Garda Síochána owes a loyalty to the criminal and civil law of the State - indeed, to the entire machinery of the State. More than anything, however, gardaí owe a loyalty to the people of this country.

This is an important debate. We must allow the various inquiries to take their course and must, thereafter, act on the recommendations that are brought forward. There is no person in this House better placed to undertake a leadership role in that regard than the Minister for Justice and Equality, Deputy Shatter.

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