Michelle Mulherin (Mayo, Fine Gael) | Oireachtas source

I welcome the Bill in the sense of the propositions it sets out regarding the strengthening of the functions of GSOC, which would be fully empowered to conduct its business, and the establishment of an independent Garda Síochána board with monitoring, oversight and supervisory functions.

We live in a democracy and we require transparency and accountability and we need systems in place to ensure it happens. We must learn when there is a breakdown, as set out in the Guerin report. Many of the objectives are in the pipeline in terms of the Government actively progressing some of the propositions. I welcome that Government work is moving in tandem with this Private Members' business.

I will confine myself to comments on front-line policing and to looking at the point before a complaint is made and where the system is breaking down, aside from the proper adjudication on an allegation of misconduct. Front-line policing it is not a black and white matter. Many laws can be blunt instruments and there can be a disjoint between the law and what we perceive justice to be. People experience that all the time when the law deliberates and cases are adjudicated upon in court, but people do not feel that justice, or the general sentiment of what we consider to be justice in our gut, has been achieved. Members of the Garda Síochána are law enforcers but the law can be a blunt instrument if we do not allow for discretion. Considering the recent furore, debate and revelation, the vast majority of people have the sentiment that gardaí should not have the discretion they currently have. That is not my view. What is wrong with the Garda Síochána exercising discretion in the case of a juvenile or someone who is between 18 and 20 years who has committed a minor offence? What is wrong with intervening so that the person learns the error of his or her ways without a conviction? In many cases, gardaí do so and have assisted many young people under the juvenile offender system. This gives young people and young adults a second chance.

With regard to discretion, there is an example in statute of discretion working well. The adult caution has been set down in statute. Gardaí are entitled to give adult cautions to people over 18 years where they have committed minor crimes such as a minor assault or minor criminal damage. Gardaí can take everything into account, including the victim, and then must clear it with the superintendent, which is the nub of the matter. The superintendent must consider, validate and sign off on the decision. There is a real problem in front-line policing with supervision of gardaí. Gardaí in many units throughout the country do not have a sergeant. The sergeant is vital in monitoring and, to maintain proper checks and balances, someone more senior should sign off on matters of discretion. These matters must be considered. There is a resourcing issue but it is part of the problem with the abuse of discretion. Discretion is a powerful thing and, human nature being what it is and gardaí being no different from anyone else, if it is unfettered, we will have the problems we have.

The Guerin report makes for disturbing reading about systems failures and the lack of independent investigation of serious allegations of misconduct within the force. It is something that does not assist the force and the confidence required from the public to co-operate, observe the law and have the respect we require for our democracy. We need people to subscribe to the rule of law. We do not have a garda on every corner so there must be respect and confidence that there is fairness and justice. If our law enforcers cross the line, there must be confidence they will be reprimanded for it.

I have some misgivings about the Guerin report, which the Chamber debated earlier. We are talking about setting a right course in respect of the Garda Síochána and accountability. Mr. Guerin did not examine the GSOC files. He said he ran out of time but he could have asked for more time. He made serious findings against the former Minister for Justice and Equality but did not interview him. The only person interviewed was Mr. McCabe. Mr. McCabe should have been heard much earlier, in which case Mr. Guerin may not have had to conduct his report.

When Deputy Shatter announced his resignation as Minister, a cheer rang out throughout the Law Library. We know that he was not flavour of the month in many Departments because he did not court favour. In the interests of due process and justice, which we all advocate, it did not happen in the Guerin report and this can undermine the confidence we have in its findings.

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