Mick Wallace (Wexford, Independent) | Oireachtas source

Although the Bill signals a move in the right direction, it is, once examined, ultimately disappointing. It is good window dressing and makes all the right noises but political and ministerial control of the Garda Síochána remains rigidly in place. The two amendments that carry most significance in terms of strengthening the powers of GSOC have been imposed on the Government by international law and as such, the Government cannot claim this is as a progressive move. In regard to those amendments, the expansion of section 106 to allow autonomous investigation by GSOC of practices, policies and procedures has long been called for by the UN and the vesting of covert surveillance powers to GSOC to allow it to be on an equal investigative footing with the body it is tasked with investigating was a requirement of the European Convention on Human Rights.

It is worth noting that when the heads of Bill were originally published the power of GSOC to investigate the Garda Commissioner was understood to be independent, autonomous and not subject to the consent of the Minister. This provision was at that time welcomed by the ICCL and other human rights bodies. The Bill inserts a new section after section 102A of the Garda Síochána Act 2005 to provide that GSOC may investigate the Garda Commissioner when the Minister consents to such investigation and only if an offence or serious misconduct is suspected. These circumstances will rarely, if ever, arise. There is no real strength or independence in this function and it is clear that political protection of the Garda Commissioner will continue under this structure.

Section 102A provides that GSOC shall report its conclusions to the Minister rather than the policing authority, although this may change under the new legislation in respect of the establishment of the policing authority. It is only through ongoing and constant monitoring and oversight of the Garda Commissioner's activities and policies by an independent policing authority rather than a one-off power given to GSOC to investigate the Garda Commissioner, if the Minister permits it, that we can bring about a transformation of the police force in Ireland and make it accountable to its citizens.

Amendment of section 84 of the 2005 Act, which extends from six to 12 months the time within which a complaint may be made, is welcome and brings this jurisdiction into line with Northern Ireland. However, I believe that where the conduct giving rise to the complaint would constitute an offence the timeframe in this regard should be extended to two years so as to reflect the gravity and proportionality of this occurrence and to provide access to justice for citizens in such circumstances. In respect of an indictable offence committed by a citizen in the normal course of events there is no statute of limitations and a person can be charged at any time if there are reasonable grounds to suspect that he or she committed an offence. It is strange that there should be a time limit when gardaí are being investigated.

As recommended by the Cooke report, section 102 is expanded to allow GSOC to initiate investigations into incidents that might involve an offence or conduct that might result in disciplinary proceedings, even when those investigations could potentially involve a person who is not a member of An Garda Síochána or where the identity of the relevant garda is not immediately apparent. The insertion of section 102A is encouraging in that it establishes, for the first time, a statutory and legal obligation on the Garda Commissioner to provide information to GSOC. This only applies to section 102 investigations and not to the standard section 95 and 98 investigations which comprise the vast majority of GSOC's investigations. Neither does it apply to section 106 investigations into the practices, policies and procedures. Furthermore, in circumstances where the Garda Commissioner is the subject of an investigation, an assistant Commissioner should be responsible for the provision of information which might incriminate the Commissioner. A more definite timetable than "as soon as practicable" as provided for in the Bill would also provide clarity and strength. A time of four or five weeks would be acceptable. We know only too well how things can drag on if a timeline is not set.

The UN Human Rights Committee expressed concern in July 2014 about Ireland's compliance with Articles 7 and 10 of the ICCPR to the effect that it was concerned about the ability of GSOC to function independently and effectively and referencing the length of time taken to complete investigations due to a lack of co-operation by the police. As repeatedly recommended by the UN, most recently in the concluding comments by the Human Rights Committee in July 2014, section 106 has been amended to allow GSOC the independence to initiate investigations into the practices, policies and procedures of An Garda Síochána.

Under section 106, reports will still be made to the Minister who may or may not redact parts before laying them before the House. If we had an independent police authority, it would be more appropriate for GSOC to report to the authority. Section 117(2) is amended to allow the Garda Inspectorate to initiate and conduct investigations or inquiries into the operations and administration of the Garda Síochána without the consent of the Minister. However, aside from this, section 117 remains the same. There are no powers to make unannounced visits to Garda stations, which the inspectorate specifically requested. Also, the Garda Inspectorate will remain a creature of the Minister as per the ICCL description. The Garda Inspectorate has no function or role under the Act to interact with any body, aside from the Minister - in other words, its reports and advices are made to the Minister alone who decides whether to lay them before the House.

The amendment to allow GSOC to conduct covert surveillance is long overdue. It was unfair to task GSOC with the investigation of a body but not to provide it with investigative powers, so that is welcome.

It is a pity the Minister and the Government did not vote in favour of our Bill in July 2013 and progress it to Committee Stage, when they allowed it to pass in May 2014. Our Bill contained many of the proposed changes in a stronger format, and a good deal more. It is unfortunate that it took what amounted to a political crisis for the Government to act. It spent a year and a half in complete denial and eventually, when a few heads rolled, said it wanted reform. However, it has been really disappointing since then and I raised this issue on Leaders' Questions yesterday. There does not seem to be a serious appetite for reform.

I have to mention the appointments of Nóirín O'Sullivan, as Garda Commissioner, and Josephine Feehily, as chair of the police authority. It could have been done in a more transparent manner and a more independent fashion. It would have been great if a body had been set up to make a selection comprising nominated independent people. What we have seen is two of the most senior appointments in the police force being made by the Government of the day.

All the research shows that if we want to improve policing in Ireland, we have to depoliticise it. It is not good enough to have policing completely in the hands of the Government of the day. There must be more independence. As long as that prevails, policing in Ireland will be done with the consent of the Minister and Government of the day. The Garda Commissioner and the Garda Síochána will be answerable to the Government.

We need a police force which is answerable to the people and this could be best achieved through an independent police authority. Seven months ago, we said to the Minister that if the police authority to be established was not going to be independent, it would be better if one was not established at all. If this police authority is to be controlled by the Minister, which is what will happen, this is just another layer of bureaucracy.

It was envisaged that the police authority would have the power to nominate the Garda Commissioner and the Assistant Commissioners and to fire them if they were not fit for duty but from looking at the heads of the Bill on the police authority, that has been removed. It looks as if the Minister will retain control over the appointment of the Commissioner and Assistant Commissioners and their removal from office, if it is called for. This is not how we will get the police force we need. I would like the Government to take a more serious look at this.

I do not have time to go through everything on GSOC here but the main problem with the amendments relating to GSOC is that the Minister still has too much control over what it does. From day one, GSOC was structured to fail and, sadly, it will still fail. It still does not have enough teeth and clout to be a real and effective oversight body because the Minister is not giving it the necessary power. I do not understand the logic behind not giving it to them.

Everything is being referred back to the Minister for approval. If one wants to depoliticise An Garda Síochána, these referrals must be made to an independent police authority, which is not controlled by the Minister or the Government of the day.

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