Catherine Murphy (Kildare North, Independent) | Oireachtas source

I thank Deputy Wallace and his staff for their hard work and diligence in introducing this comprehensive legislation. In July 2013 when the Bill was first put forward, none of us would have predicted we would be here tonight with the Bill not being opposed, with the former Minister gone, with the former Commissioner gone and with the two whistleblowers being hailed for what they are, heroes. That is down to the diligence, hard work and determination of a very small number of people, including Deputies Wallace and Clare Daly.

This is comprehensive and wide-ranging legislation designed to overhaul fundamentally accountability in An Garda Síochána, which if enacted would lead to a cultural shift in our police force and might turn it into a police service, which Deputy Clare Daly said is what we require. If it is not perfect - no Bill is ever the finished product when we debate it on Second Stage - there is ample opportunity to make changes on Committee Stage. I want to see this legislation taken seriously on Committee Stage rather than parked until the Government can put together its legislation.

Some years ago one might have asked if such a radical overhaul was needed. When we consider the findings from the Morris tribunal, the Smithwick tribunal and the Guerin report, we can come to only one conclusion - it absolutely was and is needed. The recent revelations from whistleblowers have shown that much greater public scrutiny of the force is required. The link between the Commissioner, which I believe has been abused and has been unhealthy apart from anything else and open to abuse even if it was not abused, needs to be separated, as provided for in the Bill. In addition there is very little oversight of how the Commissioner does his or, as in the current case, her job.

As I have said on numerous occasions, any Deputy whose constituency is as underrepresented by gardaí as mine is would be jumping up and down on this issue. I sought to find out how Garda resources were distributed. I sought to meet the Minister and the Garda Commissioner. I was given an absolute run-around. County Kildare has the lowest ratio of gardaí to population and has done for a very long time. It appears that an area almost needs to have a crime epidemic to get a fair distribution of Garda resources.

At the moment there is a most serious problem with burglaries. It is only when one goes into somebody's home that one realises the enormity of that crime, as individuals end up not feeling safe in their own homes. I have heard gardaí in my area say they have concerns about turning out to the scene of a violent crime owing to lack of backup, which is an outrage and needs to change.

We need greater oversight in the distribution of gardaí. I am not saying they need to be evenly distributed around the country because clearly certain locations require a higher number of gardaí owing to the level of crime. Equally some areas of the country are being put at risk. I have produced a document that I will happily give to the Minister to demonstrate the distribution of gardaí and where the problems arise.

The Bill contains a number of very worthwhile measures and I am glad the Government is not opposing it. I hope the spirit of the measures will survive the Department's fine-tooth comb. The establishment of a Garda Síochána independent board conferred with many of the powers of the functions which the Government and the Commissioner currently possess is critical. In terms of the workings of senior Garda management, independence from possible Government abuse is really needed to restore public confidence in the Garda. Deputy Wallace has ensured that although the proposed board would have wide-ranging powers it would be overseen by a very balanced and representative board, which is vital.

The Bill also provides for a basic code of service for the Garda Síochána, a breach of which would result in grounds for a complaint to GSOC. This is a key measure that greatly alters behaviour in the Garda from the top to the bottom. There need to be consequences because consequences change behaviour and including that is very important.

It is also important to look at PULSE, which has a clear design fault. There should be a trail and a red flag when things are altered on the system. Good design is required on such a system, which is pretty good but needs some alteration. I would be very surprised if that was not designed to be included from the beginning. If that was the case and it was taken out, I would want to question that also.

Critically the Bill allows the board to be consulted on the development of Garda resources. There is no public oversight of how staffing resources are deployed, which needs to be addressed. The Bill also confers enhanced powers on the Garda Síochána Ombudsman Commission. Some provisions must be included in the Government's Bill if this Bill does not survive, although I hope it does. The power to instigate its own investigations is vital to the proper independence of GSOC. Independent access to all Garda databases is also critical if events are to be tracked. There needs to be mandatory investigation of all complaints referred rather than just 40% which is the case at present. We need to ensure that GSOC has the resources to function. The inclusion of torture, rape and sexual assault as grounds for making an investigation is vital. It is inconceivable that this is not catered for at present and it needs to be.

Other noteworthy measures in the Bill include the removal of the power of the Minister to obtain any document or Garda record and the extension of the Freedom of Information Act to cover the Garda. Clearly there would be limitations on that in terms of individual investigations, but oversight through freedom of information is critical.

I welcome the legislation and I hope it is taken in the spirit intended.

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