Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I welcome the opportunity to respond on this Bill, which has been introduced by Deputy Wallace. The Bill's tabling comes as debate continues on the various matters addressed in the report to the Government by Mr. Sean Guerin and other recent issues of concern, which have been well articulated by Deputies. We discussed these issues most recently two weeks ago in the course of the statements on the Guerin report.

The Government and I are committed to a programme of reform of the Garda Síochána and the justice system generally. Deputies Clare Daly and Finian McGrath mentioned that good gardaí and policing exist. It is important that I comment in that regard. When I last discussed the Guerin report, I mentioned that I had attended the Garda memorial day in the Dubh Linn Gardens at Dublin Castle to honour the memory of members who had been killed in the line of duty. I again wish to acknowledge the substantial contribution that many members of An Garda Síochána have made in preserving the security of the State. I am sure other Deputies would agree.

It is essential that members of the public have full confidence in how the Garda carries out its functions, which include the exercise of extensive powers and responsibilities. Currently and regrettably, however, that confidence has been undermined. As the Minister for Justice and Equality, it is my objective to restore confidence in the work of An Garda Síochána and to support the men and women of the Garda in fulfilling their duties in keeping our communities and country safe.

The Guerin report contains deeply disturbing findings. Following its discussion by the Cabinet, the Government immediately announced its intention to establish a commission of investigation to examine the specific items identified for further investigation by Mr Guerin. He found that almost all of the cases he examined warranted further investigation. The range of issues that emerged are being referred to the commission.

The Government has also initiated a comprehensive programme of reform to address the wider systemic failings that have emerged from the report. Clearly, there are systemic issues. Many of the Deputies who have contributed referred to them. When the Morris tribunal report was published, people wondered whether the issues identified related to Donegal alone. When the Guerin report was published, people wondered whether just those counties were involved or whether it could be assumed that wider issues similar to those discovered in the previous report were at play. While Mr. Guerin was not definitive on this question in his report, he commented on the wider, possibly systemic, issues.

The spectrum of issues that must be addressed is complex and deep rooted, ranging from high-level issues such as oversight, change management and the role of whistleblowers to local administration and internal communication as well as to clear matters of basic policing, performance and human resources. Cultural issues must also be addressed and a change of culture is required. The Acting Garda Commissioner has stated this as well. She is committed to the kind of change that we need.

Many cases have been mentioned during this debate. I acknowledge the importance and necessity of seeking justice, resolutions and answers for those families that have experienced injustice. Deputies will appreciate that I cannot comment on the individual cases to which they referred, but I am prepared to have the relevant matters fully pursued. I ask the Deputies to provide me with the relevant details. Quite a number of cases have been already referred to the Department of Justice and Equality or to the Department of the Taoiseach and other cases are outstanding. I am actively pursuing specific measures to ensure these complaints are properly and effectively addressed. I will comment further on this matter in the near future.

This is not about change for change's sake. Rather, it is about comprehensive and sustained corrective action to address all relevant matters. A range of initiatives is required to deal with the spectrum of issues most recently raised in the Guerin report. If we do not do this, we will not achieve the objective to which Deputies have referred, namely, providing the country with the police force it needs, operating to the highest professional standards and ready to meet current and emerging challenges.

Everyone acknowledges that there are good gardaí, effective investigations and good work being done by the Garda around the country. However, this debate is focusing on those areas where there are serious problems that need to be addressed. As I advised the House two weeks ago, the necessary reforms include such measures as opening up to competition future appointments to the position of Garda Commissioner. Advertisements for the position will begin in July. The Garda Inspectorate is to carry out a comprehensive inquiry into serious crime investigation, management and operational and procedural issues arising from the findings of the report by Mr. Guerin, taking into account the implementation of the recommendations that the inspectorate made in earlier reports and work it already has under way. I have met the Garda Inspectorate and held a detailed discussion with it. I have written to it requesting it to carry out the work required following the Guerin report and to make recommendations. There will be an independent expert review of the performance, management and administration of the Department of Justice and Equality. I will make further announcements in this regard in the near future.

Amendments to the Protected Disclosures Bill 2013 will be enacted to enable a Garda whistleblower to report his or her concerns to GSOC.

Furthermore, with specific reference to GSOC, I can confirm to the House that a new Bill will be introduced at an early date during this Dáil term to strengthen the remit and powers of the Garda Síochána Ombudsman Commission. Some of the measures being considered here are bringing the Garda Commissioner within the scope of the complaints that can be referred to GSOC, the capacity of GSOC to initiate reviews of Garda practice and procedure without reference to the Minister for Justice and Equality, and the police powers it can exercise when conducting investigations.

The Government's programme of reform also involves the establishment of an independent Garda authority, which is the subject of the Bill before the House. The Government has signalled that the new body is to be operational by the end of the year. That is an ambitious target but one we want to meet. This development will bring about the most fundamental change in governance arrangements for An Garda Síochána since its foundation.

As Deputies will appreciate, such a significant reform requires equally significant deliberation and consideration. A new Cabinet committee on justice reform, chaired by the Taoiseach, has been established to oversee the development of the proposals for the independent Garda authority and other associated reforms of the policing and justice systems. As part of its activities, the Cabinet committee has initiated a public consultation process inviting views on a range of issues, including the new authority and matters relating to GSOC, and I will initiate further public consultation in the weeks ahead. In addition, the Members of this House will appreciate that the Oireachtas Joint Committee on Justice, Defence and Equality is undertaking work along similar lines. It has had the hearings. There will be more tomorrow, and its members will visit neighbouring jurisdictions to examine how independent Garda authorities work in other countries. I strongly support the need for the full engagement of Members of both Houses of the Oireachtas in this programme of deliberations.

I want to make it clear that the Government supports the underlying principles behind the Bill introduced by Deputy Wallace tonight. This Bill provides an early opportunity to reflect on some of the key questions involved in establishing the authority, for example, matters relating to the composition of the board. Without wishing to express any definitive opinion on the question of the membership of the oversight body to be established in respect of the Garda Síochána, I would have some concerns, in terms of some of the proposals in the Bill, that officeholders whose functions could involve the scrutiny of policing activities should also have a significant role in directing An Garda Síochána, as proposed in the Bill.

While I appreciate the sentiment behind the approach the Deputy has adopted in his Bill, the potential for conflicts of jurisdiction is obvious, and I do not believe that some of the individual officeholders named in the Deputy's Bill should be placed in a position where such conflicts could arise. I make that comment by way of observation of some of the elements of the Bill.

The Members of this House will appreciate that An Garda Síochána is also the security and intelligence service for the State. This is a further issue I believe has to be the focus of particular attention. It goes without saying that it is a vital area for the country and for everyone in it.

Under the Deputy's Bill, the functions of the proposed policing board would extend to the security field. This is one of a number of specific topics currently being addressed by the Cabinet committee on justice reform. Pending the consideration of its conclusions by the Government, I do not propose to express a view on the approach that should be adopted with regard to security matters. However, I would emphasise that it is a very important matter that requires detailed examination with reference to any new Garda oversight legislation.

As I have indicated, the Government has made an absolute commitment to bring forward legislation as a matter of urgency to establish a new independent Garda authority. That is why the Government has decided it will not oppose this Bill on Second Stage, as it is broadly aimed at the same objective. However, it is critical that, in what will be the most important development in the governance and oversight of the Garda Síochána in its history, we get this right. I am sure every Deputy here would agree with that. This is a fundamental review and change in the structure and organisation and we must consider very carefully the approach that should be taken regarding the composition and appointment of the authority, its powers and functions, its relationship with the Minister for Justice and Government and, more generally, its accountability. These are serious issues that require the most serious deliberation and this is a process that is under way, under the guidance of the Cabinet committee on justice reform, which is chaired by the Taoiseach, and in a number of other arenas also.

We are treating these issues, therefore, with the seriousness and the urgency they deserve. This will see the introduction of two Bills, one to enhance the powers and remit of GSOC and one to establish the independent Garda authority, and I look forward to debating these proposals with Deputies. I cannot comment on the individual cases mentioned earlier but we need to put a process in place to deal with the particular issues raised by Deputies regarding the cases mentioned. I have also heard what was said tonight in regard to Sergeant McCabe, and I will raise that matter directly with the Garda Commissioner.

The Government is not opposing the Bill as it is broadly aimed at the same objective of the Government. I look forward to further discussions with Deputies in this House, and in a range of arenas, on the precise issues that need to be worked out as we move towards the establishment of an independent Garda authority.

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