David Stanton (Cork East, Fine Gael) | Oireachtas source

I am sharing time with Deputies Anne Ferris, Dara Murphy, Michelle Mulherin and Alan Farrell.

The Bill is line with the policy of the Minister. The Government is not opposing the Bill on Second Stage but is proceeding with its legislative proposals relating to the new Garda authority and GSOC. The Government is currently actively progressing a number of important legislative developments relating to the Garda Síochána Ombudsman Commission and plans to introduce legislation to establish the new Garda authority by the end of this year.

In addition, the areas in question are being examined by the Oireachtas Joint Committee on Justice, Defence and Equality. It is also examining the majority of issues dealt with in the Bill. On 6 March last, the committee sought submissions from interested parties and members of the public on the oversight of the Garda Síochána. This was at the request of the Dáil. Specifically, we sought views on the effectiveness of the provisions of the Garda Síochána Act 2005 and the regulations made under that Act in so far as they relate to the oversight of An Garda Síochána, particularly including the powers and remit of the Garda Síochána Ombudsman Commission. We set 4 April as the deadline and received a total of 21 submissions, and a large number of the people who made submissions have been invited to committee hearings. All of these submissions and hearings will help to inform the report the committee will eventually bring forward. We hope this process will be concluded and a comprehensive report is finalised by the committee before the summer recess.

On 14 May, we commenced hearings in the morning session with attendees from the Irish Human Rights Commission, the Irish Council for Civil Liberties, Transparency International Ireland, the Irish Traveller Movement, Amnesty International Ireland and GSOC. We were given very broad presentations dealing with the human rights and equality aspect of the role of the Garda, which is crucial. In the afternoon, Dr. Richard O'Flaherty, the Association of Garda Sergeants and Inspectors, the Bar Council of Ireland, the Garda Inspectorate and the Association for Criminal Justice Research and Development made presentations to the committee. A number of issues arise from this, such as the role of the confidential recipient, which is quite central, the role of the Garda Inspectorate, GSOC and an overarching Garda authority, coupled with the relationship with the Garda Commissioner, the Minister and the Oireachtas justice committee, the committee on public oversight and petitions, chaired by Deputy Mac Lochlainn, and the Committee of Public Accounts. A number of bodies and agencies will be linked together and we must ensure that the links are correct and that the Act is amended to ensure we have the most effective policing possible.

We continued the hearings for two and a half hours today. Baroness Nuala O'Loan and the Acting Garda Commissioner, Nóirín O'Sullivan, along with Ronan Brady, lecturer in journalism at Griffith College Dublin, appeared before the committee. The presentations were very interesting. In particular, Mr. Brady spoke about the issue of freedom of information, policing and the Garda, which was very instructive. We were very pleased that Nuala O'Loan agreed to address the committee, given her experience over many years in Northern Ireland. She made a number of points that are worth repeating. They included the need for the ombudsman to be impartial, totally independent and properly resourced, with the power to initiate its own investigations into policy and practice and to make recommendations for changes in both. In addition, the fact that the Garda Commissioner is not under its remit at present must change - the Garda Commissioner must be under the remit of the new Garda Síochána Ombudsman Commission.

She also believes there must be a complete separation between the State and GSOC, which includes not being staffed by civil servants or serving members of the Garda Síochána. That is important. We cannot have a situation where there is a perception or reality in which the police are policing or investigating themselves. Other points she made included the need for GSOC to have an immediate right to search police premises, the need to remove the provision in the Garda Síochána Act which enables the prosecution of a person who makes false or misleading complaints, as it could deter genuine complainants, and the need to remove the veto held by officers against whom complaints are made of informal resolution.

Many of her views were echoed by the Acting Garda Commissioner, who highlighted the importance of public trust, respect and confidence in the Garda, and the need for reforms that have already commenced and future reforms to ensure accountability, transparency and professionalism. The Acting Garda Commissioner also expressed her support, and that of the Garda Síochána, for the establishment of the Garda authority to oversee the Garda Síochána. Issues will arise relating to how this authority will be established and who will establish it. We already have experience of establishing an independent Human Rights and Equality Commission. The Oireachtas committee was involved and instructive in overseeing the appointment of the independent panel that appointed the commissioners. This model is one that might be considered. There are other models as well, such as the Commission for Public Service Appointments.

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