Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I welcome the opportunity to speak on this Bill and on the debate generated by its publication and tabling in this Chamber. I welcome and it is important to acknowledge - as sadly, others have failed to do - the work that already has been undertaken by the Minister, Deputy Fitzgerald, in her short period as Minister for Justice and Equality. The Minister has a record of reform that can be seen clearly in her work in the Department of Children and Youth Affairs, the passage of the children's referendum and the establishment of the Child and Family Agency. I have no doubt but that she is continuing that reforming attitude in her new role. It is important, however, that any debate should take place with a holistic view of the issues and challenges facing An Garda Síochána and broader society in terms of how it interacts with the justice system. A root and branch examination of the matters that have come to public light is clearly needed and action is needed on foot of those examinations. Hence, there is the Guerin report and the Cooke report, as well as agreement by the Government on a commission of inquiry into various serious allegations. In addition, an expert review of the Department of Justice and Equality is under way, as well as agreement to establish a new Garda authority for the first time in the history of the State.

I have heard accusations in this House tonight and in recent days and weeks that the Government's approach is piecemeal. That does not stand up to any level of fair and objective scrutiny. In fact, it lowers the standard of debate and it demeans it to a soundbite rather than substance. The Government is addressing all issues in a methodical and thorough manner. Many Members on all sides of the House have shown a constructive attitude, an acknowledgment that things need to change and an acknowledgment that there is a significant body of work to be done.

To simply pick off one issue of how senior gardaí are appointed and to endeavour to deal with it in isolation from the many other necessary developments, most particularly the establishment of a new Garda authority, would be foolhardy. We need to look seriously at how senior Garda appointments are made and to that end I welcome Deputy Ross's debate on the issue and the decision by the Government that the next Garda Commissioner will be appointed by way of open competition. However, we need to look at issues of oversight, appointments and transparency together. We need to work constructively to ask how a Garda authority would function, what is best international practice and what is best for Ireland and our culture. The stakeholders consultation this week on Friday is an extremely useful and important event. We have to bring the broad range of stakeholders with us. It is a much more inclusive and thorough way of going about business than stand-alone legislation which attempts to place the issue of appointments in a silo.

To deal with appointments alone in this Bill in the full knowledge of the reality that the establishment of a Garda authority is under way makes a mockery of consulting stakeholders and it also has an implication with which I am not comfortable. Deputy Kyne touched on this in his contribution. It has an implication that appointments and the appointments structure is at the root of the problems and the challenges. I say to Deputy Ross that there is no evidence to support that argument. There is no evidence to suggest that if another group of human beings, if another group of politicians around a table or another Commissioner or grouping or body of individuals had arrived at a different appointment that the culture in the Garda Síochána, the systems and the safeguards, would have been different. The Guerin report is a compelling read and one must presume it indicates some systemic issues within An Garda Síochána. The issues to which the report refers are very basic ones relating to training, education and facilities in Garda stations. They have very little, if anything, to do with the manner in which a person is to be appointed. It is not to suggest that the appointments system does not need to be examined but rather it is an acknowledgment that they will be looked at and an acknowledgment that we must examine all the issues facing An Garda Síochána and our justice system in a holistic fashion. That is why I think the Garda authority is a really exciting development. The justice committee has begun undertaking work and consultation on how such an authority works in other jurisdictions, and this is to be welcomed.

Sadly, there have been some slurs made in this House that have cast an aspersion on all members of An Garda Síochána. I am sure that is not the intention of any Member of this House. It must be remembered that in the history of the State, 85 gardaí have died in the line of duty. We must remember that while not perfect and no different from this institution, and while An Garda Síochána has had bad apples in it, this does not take away from the work of its members who get up every day and keep our society safe and tackle subversiveness.

It is a difficult time to be a garda. We owe it to citizens of this country, including members of An Garda Síochána, to deliver a thorough, comprehensive, fair and thought-out inclusive response to the issues that have emerged rather than having a knee-jerk reaction. We must get this right because we owe it to every citizen, including every member of An Garda Síochána and every courageous whistleblower who has come to the fore in recent weeks and months. I commend the Minister on her work. I welcome the debate on this Bill but in my view its approach is one of isolation rather than inclusiveness and it needs to be looked at in the context of the Garda authority.

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