Shane Ross (Dublin South, Independent) | Oireachtas source

I thank all Members who contributed to Second Stage of this Bill, particularly my colleagues on these benches. I thank the Sinn Féin Members for their support in principle for this Bill. They wish that it would proceed to Committee Stage and, like every other Member, that there would be an independent Garda authority with teeth and credibility which would guide the future of the Garda Síochána not just in its operations, but its appointments. That is my wish too - certainly, partially.

My problem, however, is that I am not sure that any independent authority in this State is ever independent. I have never trusted any Government that I have known not to stuff so-called independent bodies with its own nominees who then control appointments to and the operation of these vital bodies. I have listed them over the years. For example, the Central Bank, a highly sensitive body, has had on its board political nominees whose loyalty is to a political party, not to the State. NAMA, the National Asset Management Agency, another sensitive body, is stuffed from time to time - I accept not all the time - with people who have identifiable political affiliations. There are the examples of a body as sensitive as the Garda Síochána and the courts of this land where every single appointment is political and where people of both the major parties, and of the Labour Party, have behaved with absolutely shameless powers of patronage.

I agree we need to form an independent Garda authority. However, the main political parties will degrade, dilute and discredit the system of appointments established for other so-called independent bodies. I do not doubt for one moment the integrity or the intentions of the Minister for Justice and Equality in this matter. I know her to be a person of immense ability, dedication and honesty. The record of others in her party and her coalition partners, however, is shameless. We cannot give her a blank cheque with the so-called independent Garda authority because of the record of Fianna Fáil, Fine Gael and Labour on this issue. We cannot be too starry-eyed about it, saying there is a Holy Grail there and everything will be all right. The record of the main political parties does not justify the sort of optimism about an independent Garda authority which I have heard here this evening from Members opposite.

Having said that, I thank the Minister for her reply. It was constructive and I understand her intentions. While I do not agree with her, there are many in the Fine Gael and Labour parties who genuinely wish to see a solution to this appalling problem which has burst out like a boil in recent times. It is wrong to say this Bill is premature. In fact, it is 90 years too late. While it was not drafted in a hurry, I am in a hurry. We should be in a hurry because what has happened in the past few months is a shame on all of us and a terrible reflection on what has happened in the Garda, the Department of Justice and Equality and elsewhere in politics, as well as the relationship between them.

Neither is it good enough to claim we are going to have an open competition for the post of Garda Commissioner. The former Commissioner resigned nearly three months ago. What the hell has been going on since? This morning, I received an e-mail from the Department - belatedly because they knew I needed it last night - which stated: "I refer to your e-mail requesting the information on the process being followed to select the new Garda Commissioner. The Government has announced there will be an open competition for the appointment of the post of Garda Commissioner. It is intended that preparations for the competition will begin in July with the appointment being made towards the end of the year." There is no sense of urgency there at all and neither is there any information about how this is going to be done. I cannot see why a new Garda Commissioner, a key office of this State, has not been appointed yet or the process of selecting one has even started.

There is no good reason for the delays in the reforms in question. I understand the Minister’s need to move carefully because she is new in the office. I understand the horrific mess she has inherited. I do not trust, however, the kind of litany of reviews, commissions, investigations, comprehensive programmes and consultations that she is planning. Are we really to believe that there is no one who can put a good process in place and accept a Bill like this which will at least allow us to select a new Garda Commissioner on an independent basis? This Bill could dovetail with a new independent Garda authority, if necessary.

The knee-jerk reaction to reject it is unfortunate. The Minister could have said, as Sinn Féin did, “Yes, there are good provisions in this Bill which we will accept as it may fit into the process which we planned, which is vague, or it may not”. I reject the absurd criticisms that this is politicising the process. That is a cheap and nonsensical response. What has been happening for many years, as Deputy Pringle said, has been a secretive, behind-closed-doors, non-independent process.

To state the introduction of a new system whereby the Top Level Appointments Committee would conduct interviews to select three people to be sent to the public appointments board which would then select one of these candidates to go before the Dáil would politicise the process is absolute and obvious nonsense. The final candidate would be brought to the House so Members of this House and perhaps the other House could ask questions so the public could see the person selected is worthy and the process is transparent. As Deputy Pringle stated, it would quite rightly allow Members to pin their colours to the mast. There would be no more secretive behind closed doors Ministers selecting pals who select other pals to do other things. If it were done here it would be done before the people, and the people would see what is happening and could give a verdict on whether the process was worthy or not. It could then go to a Dáil committee. I see nothing wrong with this democratic and transparent process. It is absurd for Deputy Mulherin to state this would be a character assassination. This would not happen. People would be pushed to answer questions in public, which is absolutely right with regard to people who have key appointments of this type.

I am sorry Deputy Niall Collins is not here. We have seen only one member of Fianna Fáil arrive in the Chamber in the past two minutes, so I do not wish to thank Fianna Fáil for its contribution to the Bill because it has not contributed much.

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