Seán Kyne (Galway West, Fine Gael) | Oireachtas source

I welcome the publication of the Bill, as I would welcome the publication of any Bill that generates debate, and I congratulate Deputy Ross on its publication. I welcome the Minister and wish to take this first opportunity to congratulate her officially on her appointment as Minister under challenging circumstances in the year that is in it. One could say that 2014 will go down as the year of Garda scrutiny. I wish to take this opportunity to commend those who have brought issues to the fore within the Garda over the past six months and earlier, some within this House as well as the whistleblowers themselves, who have done the State justice in speaking out and highlighting their issues of concern within their serious and challenging occupation in the context of the protection of the State and one of its most important institutions, the Garda Síochána.

It is right for the Garda, as for any State body, to have standards and that every effort is made to hold up gardaí to those standards. It also is right for Members to acknowledge the majority of excellent members of the Garda Síochána, who do an excellent job day in and day out in difficult circumstances and challenging environments throughout the country. They have become demoralised by all that has gone on in recent times and it is important to acknowledge the role they play in protecting families and the State on a daily basis. I also wish to acknowledge the changes enacted in 2014 with regard to the Department of Justice and Equality and the Garda Síochána. I refer to the publication of the Guerin report on whistleblowing, the Cooke report on the Garda Síochána Ombudsman Commission, GSOC, bugging, the Finlay commission on taping and the proposed establishment by the Government of an independent police authority. The latter will deal with many of the items and issues highlighted and detailed in the Bill that is being drafted at present. I certainly will welcome the publication of that Bill, what it entails and the overall establishment of the independent police authority.

The Government has stated previously that the new Garda Commissioner is to be appointed by way of open competition, which is a welcome, progressive and inclusive step. As to whether this should be extended to other roles, as outlined in the Bill before Members, is a question for debate. As for suggesting the existing structures are not fit for purpose, however, one must consider what evidence there is that a new system would be different. Second, one must consider whether all the fault that has been experienced in the past six or 12 months can be put down to the existing structure or the appointment system in place at present. The Garda Commissioner has a difficult job and has a responsibility to the public ultimately, as well as to the rank-and-file members of the Garda. It is a challenging balancing act between ensuring one has the public's full confidence and having that responsibility to members of the Garda. I will not say it is a responsibility to protect them but to ensure that where allegations arise, members are not hung out to dry. Any Commissioner is only human and whether appointed through the existing structures, the system outlined by Deputy Ross or the planned open recruitment system that is to be initiated for the new Commissioner, ultimately he or she will have decisions to make. Like any human, mistakes can be made and perhaps he or she could say or do something he or she will regret.

However, there is no reason to believe that any of the actions that took place over the past six months would have been different under a Commissioner appointed by a different system. Decisions are made by humans. I could make a decision that would be different to that made by Deputies O'Mahony and Harris or anybody else. Ultimately, it is the individual himself or herself, the role he or she plays and the powers he or she has. A Commissioner should have a good working relationship with the Minister. They should not necessarily be best friends but should have a good healthy regard for each other's positions and roles. A Commissioner must be willing to investigate complaints from the public and from the Garda. I have spoken previously in this Chamber with regard to my hope for whistleblowers, which is that any future whistleblower will be treated properly by any future Garda Commissioner. I commend the Bill on its publication in terms of the debate Members are having. I certainly welcome the setting up of the independent Garda authority, as well as the initiatives taken by the Minister and her predecessor in recent months to sort out many of the problems that have arisen within the Garda Síochána.

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