Enda Kenny (Mayo, Fine Gael) | Oireachtas source

Let me try to assist the Deputy by outlining a number of issues. He inquired about reform in the area of justice. The Government has already made considerable progress in this regard. The Protected Disclosures Act 2014, which enables Garda whistleblowers to report their concerns directly to GSOC, has been commenced. In addition, an open competition has been held in respect of the appointment of the next Garda Commissioner. I expect that appointment will probably be made towards the end of this month. As the Deputy is aware, there were expressions of interest in the post both domestically and internationally. I understand the second phase of interviews relating to the process is currently in train.

The Fennelly commission of investigation was established in April of this year. The independent expert review of the performance, management and administration of the Department of Justice and Equality was completed in July. A mechanism to facilitate independent review by counsel of allegations of Garda misconduct or inadequacies in the investigation of such allegations - which have been made to me and the Minister for Justice and Equality - has been established. The Guerin report into allegations made by Sergeant Maurice McCabe was published in May and the Cooke report into allegations of unlawful surveillance of GSOC was published in June. The reports to which I refer are fairly major and they deal with some extremely serious matters.

Work is under way to establish the independent Garda authority. The Minister for Justice and Equality will deal with the matter of appointing a chair to this authority very shortly. The chair designate of the authority will be appointed following a public request for expressions of interest in the post. The Garda Síochána (Amendment) (No. 3) Bill 2014, the aim of which is to significantly strengthen GSOC's powers by including the Garda Commissioner within its investigative remit, is currently before the House. The Bill also involves the conferral of additional police powers on GSOC for criminal investigation purposes, enhancing the status of protocols concluded between GSOC and the Garda Síochána and greater autonomy for GSOC in examining Garda practices, policies and procedures. In addition, the freedom of information system will be extended to the Garda Síochána under the new Freedom of Information Act 2014.

Deputy Ó Fearghaíl also inquired about the Fennelly commission. Mr. Justice Fennelly is an exceptionally honourable man. In accordance with its terms of reference - as debated in the Dáil - the commission is due to report no later than 31 December 2014, subject to section 6(6) of the Commissions of Investigation Act 2004. The Act also provides for an extension of the timeframe within which the commission must complete is work, at its request. Mr. Justice Fennelly wrote to me recently to indicate that it will not be possible for the commission to complete its full investigation within the timeframe originally envisaged, that it will request an extension and that it will submit an interim report towards the end of the year. By that time, we should have a clearer picture of the scale and magnitude of the task remaining - there are many matters to be examined - and the likely period which might be required for the commission to complete its work. In response to Mr. Justice Fennelly, I indicated that I will give favourable consideration to a request for an extension of the commission's timeframe when such is received. Mr. Justice Fennelly also indicated it may be possible for the commission to submit an interim report in respect of those aspects of its terms of reference. I have, therefore, requested that the commission should provide such a report regarding the events leading up to the resignation of former Garda Commissioner, Mr. Martin Callinan, subject to its being satisfied that it is feasible and appropriate to do so. That matter is entirely at the discretion of the commission. I do not have authority to direct the commission to carry out its work in any particular way. This is because it is completely independent in the conduct of its investigations.

I am not sure whether the House debated the report the Minister for Justice and Equality commissioned into the practices, efficiencies and workings of her Department. The contents of said report are quite stark in terms of highlighting the changes required in terms of developing the structures with the Department of Justice and Equality in order to make it more efficient. The Department is an extraordinarily complex entity but a fine report in respect of it was produced at the Minister's request in the context of assessing what must be done in order to change the way it does its work. The latter will allow people to do their jobs much more efficiently. The Minister will be happy to engage in further debate on this matter in the House and to take the views of Deputies on board.

The Garda Inspectorate report has presented us with a fundamental and challenging analysis of the force's processes and systems throughout the country. I have not read the report in detail but I understand that it highlights deficiencies in practice, supervision and governance in respect of the recording, classification and investigation of crime. The report notes that many of the issues raised have been identified in comparable police forces in other countries. Nevertheless, it identifies many areas which really are in need of reform and modernisation. In addition and like me, the report acknowledges the dedication and commitment of so many members of the Garda. I refer to the men and women who strive each day to ensure the safety of our communities and to protect the security of the State. Their dedication should not go unnoticed and they should be commended for it.

Another point which I bring to the Deputy's attention is the fact that budgetary increases aimed at funding reforms across the justice sector have been introduced. These increases relate to the Courts Service, the planned new policing authority, GSOC, the Garda Inspectorate, the Charities Regulatory Authority, the proposes legal services regulatory authority and the Property Services Regulatory Authority. The House will be aware that the recently established Irish Human Rights and Equality Commission is being given its own dedicated Vote, with an allocation of €6.3 million for 2015. The setting up of this stand-alone Vote for the commission reaffirms the independence of the body in line with the Paris Principles, the United Nations' rules which govern the operation of national human rights organisations.

These are just some matters which may be of interest to Deputies.

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