Alan Farrell (Dublin North, Fine Gael) | Oireachtas source

I welcome the opportunity to contribute to the discussion on the Garda Síochána (Amendment) Bill 2014, which has been introduced by Deputy Wallace. The Joint Committee on Justice, Defence and Equality, of which I am a member, is reviewing the action taken in regard to the reform and oversight of An Garda Síochána. There have been a great many mishandlings in the past which must be taken into account when moving forward to reform the Garda. It is important for us not to focus on these alone. Past mistakes must act as a catalyst from which we can move forward and through which we strengthen An Garda Síochána, the oversight of the force and the procedures for establishing investigations into the force where necessary.

While the Bill largely shares the same objectives as the Government's priorities in this area, I share some of the concerns outlined yesterday by the Minister for Justice and Equality, Deputy Fitzgerald, with regard in particular to the inclusion of office holders on the board of the proposed independent authority set out in the Bill whose functions potentially include the scrutiny and activities of the Garda Síochána. I also have concerns about the possible conflict of interest which may arise between the functions they hold due to the office they hold and their membership of such a board. Would it not be better to avoid such a scenario where a conflict arises by not including these persons and, as a result, protect the credibility and independence of such a body?

I also have some concerns regarding the timing of the introduction of the Bill. We must first facilitate the ongoing discussions and significant work which is being undertaken by the Minister for Justice and Equality and the Joint Committee on Justice, Defence and Equality. Several members of the committee are travelling to Northern Ireland and Scotland in the very near future to review the procedures they have in place with regard to their oversight boards. If it is within the Deputy's ability, I encourage him to attend. It might be something he would find useful in our later deliberations in the Chamber and Seanad. Of course, that is a matter for the Deputy. We must hear from all parties and take their views into account when shaping the future of Garda oversight and the investigations process. This should include the examination of international best practice to develop a structure which will stand the test of time and work in an effective and efficient manner. In regard to the scope and jurisdiction of an independent policing board, we must be careful to protect sensitive issues which relate to the security of the State. Therefore, the scope of such a body is something we must further examine and discuss. It is not a decision we should rush into but one we must consider carefully, taking into account the necessary protections for the State and its citizens and the past mishandling which we must not allow to be repeated.

I welcome the fact that Deputy Wallace's Bill shares broadly the Government's priority objectives in this area. This is surely a sign that this is an issue on which we will all be able to build consensus. The Minister, Deputy Fitzgerald, has stated that the Government will introduce two Bills to the House, one focused on the establishment of the independent Garda authority and the other focused on the enhancement of the powers and remit of the Garda Services Ombudsman Commission. I look forward to seeing and contributing to the proposals on a new, independent Garda authority when they are introduced to the Dáil before the end of the year.

Reform is something we must embrace. The Government has already initiated a programme of reform, the purpose of which is to address the systematic failures identified in the Guerin report. The issues to be tackled include, inter alia, matters of basic policing, communication, and statement-taking within the force, the role of whistleblowers and oversight. All of the relevant topics must be addressed in co-ordination with one another and it is essential that we tackle the root cause of all previous issues instead of simply attempting to treat problems as they arise. It is only in this manner that we will be able to implement the comprehensive reform required. It is very positive to see that the Government has already initiated a reform programme and that the Minister intends to establish a commission of investigation to examine the findings in the Guerin report. I am sure the terms of reference will be published very shortly.

With regard to the ongoing discussions on the oversight and scrutiny of the workings of An Garda Síochána, we must be wary of undermining confidence in gardaí and their important work. It is of the utmost importance that we trust the members of the Garda to uphold the laws of the State and to protect all of us within it. We must acknowledge that the men and women of An Garda Síochána have provided and continue to provide a fundamentally positive service to the State. Throughout the history of the force, its members have worked tirelessly to protect the security of the State, which is a fact we must not forget. I am very proud to say that my grandfather was a member of the Dublin Metropolitan Police in 1918 and he served until the 1950s when he retired with the rank of detective inspector. It is something many families can tie themselves to, going back to the foundation of the State and the struggle which occurred at the time, whatever role their family members played. That is why the Irish people have such high regard for An Garda Síochána.

The last months have had a detrimental effect on how Irish people perceive the Garda. Having spoken to very senior members of the force just this afternoon, I know that is something of which gardaí are acutely aware. I welcome any opportunity the Oireachtas has to restore confidence in An Garda Síochána and the administration of justice.

See this speech in context