Thomas Pringle (Donegal South West, Independent) | Oireachtas source

I welcome the opportunity to contribute to the debate on this Bill. The legislation sets out to depoliticise the appointment of senior Garda officers by disconnecting that process from the political system. In preparing for this debate, I was reminded of a very well known GP in south-west Donegal who is sadly deceased. This person was a very respected doctor who helped many people in the area. He also was an avid Fianna Fáil supporter who sought election for that party at local government level on numerous occasions. I recall an interview with him on local radio some years ago in the course of which he bemoaned how Fianna Fáil had lost its way and how, at one time, a person could have relied on the local postman, council worker, Bus Éireann driver, county council official and garda all being Fianna Fáil people. That was the extent of political patronage at play in our society and which may still, to a certain extent, persist to this day.

I welcome the fact that my local postman and local council workers are no longer Fianna Fáil people. By the same token, I do not wish them to be Fine Gael or Labour Party people either, or supporters of Independent representatives. I want them to have been appointed to their job because they proved at interview to be the best candidate. The type of political patronage that was so apparent in the past represented everything that was wrong with our society and within the Garda. Sadly, the only difference between Fine Gael, the Labour Party and Fianna Fáil is that the two current parties of government did not get a chance to indulge in such patronage as often as their rival did. Indeed, much of the time, Fine Gael aspired to be just as good as Fianna Fáil at what the latter did best, which was to win and hold power.

This Bill sets out an independent process for the appointment of senior members of the Garda, which is welcome. Deputy Shane Ross has outlined, as he envisages it, a very simple structure which will ensure people are appointed on merit. Nobody could object to that objective. Senior Garda positions would be advertised by a board comprising three members from the Standards in Public Office Commission plus two additional members. This board would then report to the Dáil with a candidate recommendation. There is nothing to object to in that proposal. However, some Members on the other side of the House spoke positively about Deputy Ross's attempt to depoliticise the appointments process while in the same breath arguing that having the candidate approved by the Dáil is merely a different form of politicisation. I do not accept that argument. The political process that takes place under the current system is conducted behind closed doors. It is a secretive process which involves people ingratiating themselves with their political masters and their masters in the Department of Justice and Equality. It is a process of benefiting through promotions with a view to arriving ultimately at the position of Commissioner.

On the other hand, if such appointments come before the Dáil, it would require politicians to stand up in pubic and cast their vote on whether or not the proposed candidate should get the job. If the candidate is not of the right political colour, Members might chose to vote against the appointment, but they must be ready to have their decision scrutinised. This would effectively depoliticise the process and make it open and transparent by allowing people to see why decisions are made. I was shocked when Deputy Ross mentioned some weeks ago that approximately 200 senior Garda appointments are made by way of the political process. The entire culture within the Garda is connected with politics and political patronage. This is wrong and does a disservice to the Garda, the citizens of this State and anybody who has dealings with the force for whatever purpose. The system must change.

I was disappointed that the Minister made only one reference in her contribution last night to the appointment of a Garda Commissioner. She did not explain how she envisages senior appointments being made in the future under the new legislation she is bringing forward. She might offer the excuse that she is currently involved in a consultation process and does not want to pre-empt its outcome, but she should have some views and be able to express those views to the House. Even a simple statement to the effect that all senior Garda appointments will be made in an independent and impartial way would have offered an assurance that this matter will be dealt with in the legislation that is due before the end of the year to establish the new Garda authority. It would offer assurance of her commitment to doing away with the system of political patronage. Unfortunately, although the Minister outlined many of the measures she intends to take under the law reform programme she has initiated, she was silent on this point. Having noted that silence, I do nevertheless expect that she will attempt to make the necessary changes. I hope she will, in so doing, resist the kick-back that is bound to come from those interests which see the benefit in the current system, including her Department and senior gardaí themselves, and bring through the changes that are required to make the system fair, accountable and transparent. Members on this side of the House certainly will support her if we see this is actually what she is trying to achieve.

I welcome the indication from the Minister that she has embarked on a consultation process on this issue, which includes an invitation to the Justice4all group to address the event in Farmleigh this Friday. It is a progressive and welcome move. The members of Justice4all must be listened to and action must be taken for the many families throughout the country that have suffered, often in already tragic circumstances, as a consequence of maladministration, malpractice and, in some cases, illegal practices within our justice system. Their demands must be heard and met. If that requires a wide-ranging commission of investigation to hear their stories and come back with recommendations, it will, although it will take time, be a very worthwhile and necessary process. It is about righting wrongs and affording the type of healing and closure to families which may help them to move on from what was done to them.

Any wide-ranging reform of the Garda should address the situation whereby our police force is also our security service. The Garda is supposed to be a democratically accountable policing service for the citizens of the State, but it is also operating in security circles. It is another element of that culture which is about closing ranks and not allowing certain things to emerge in case of exposure as to what is being done, who is being monitored and so on.

We could have a security service attached to the Army, which already has a security service, or we could have an independent security service, if that is so vitally important. However, it needs to be separated from the Garda which would go a long way towards ensuring the Garda could be more accountable. Ridiculous things are put down to State security, such as how much it costs to run the Commissioner's office each year. We cannot be given that information because it is a State security issue. That is just nonsensical. The Commissioner's office should be accountable and the cost of running it should be known by everyone. However, while we have a State security apparatus tied in with the Garda, this will allow the culture that has prevailed in the Garda to continue.

The Minister has much work to do and this Bill could contribute to the process. If the Minister would indicate that all the appointments mentioned in this Bill would be made as part of an open and transparent process under the new Garda authority, it may go some way towards satisfying the requirement for this Bill. We need to end the culture of political patronage wherever it takes place, whether in the Garda, the councils, An Post or in State services.

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