Seán Kyne (Galway West, Fine Gael) | Oireachtas source

The question is often asked who polices the police, who governs the country or who judges the Judiciary. The same question faces every state and the answer, however varied, goes to the heart of democracy and the doctrine of the separation of powers which features in every legitimate democratic country. In its handbook on policy, accountability, oversight and integrity, the United Nations has set out the features it believes need to be present in any successful police oversight system. These features - independence, transparency and community support - are integral. Transparency is vital in that justice not only needs to be done it also needs to be seen to be done. Just like the police service, the system of oversight needs to be open and accessible. "Community support" is another term for confidence. A successful police service must have the confidence of the public and the same applies to the oversight authority, GSOC.

The Garda Síochána (Amendment) (No. 3) Bill will further expand the remit and powers of GSOC. It is worth remembering that GSOC is the independent body responsible for receiving and dealing with complaints from members of the public about the conduct of members of An Garda Síochána. It is a three-person commission with the support of a support staff of approximately 80 and a budget of €8 million. GSOC clearly has the confidence of the public, given the number of complaints, some 2,027, made by the public in 2013.

The Bill will make An Garda Síochána more accountable to GSOC but also to the public. Through the new section 102B to be added to the 2005 Act, the Bill will bring the Garda Commissioner within the remit of GSOC for the first time. Such a provision will ensure increased accountability at all levels. The independence of GSOC is strengthened with the new section 102(5A) which will amend section 102 of the 2005 Act and enable the commission to initiate its own investigations into Garda practices and procedures. GSOC will be able to use these powers without recourse to the Minister for Justice and Equality, as is currently the case. Aside from this, the Garda Inspectorate will receive similar powers to initiate its own inspections or inquiries without the need to acquire the consent of the Minister. These measures will increase public confidence in An Garda Síochána and GSOC.

It is not enough, however, for the public to have confidence in GSOC; mutual confidence must also be present between the two organisations. The Cooke report on the alleged surveillance of GSOC offices clearly referenced a lack of confidence between the organisations and used the phrase "atmosphere of frustration and tension". It is encouraging that both groups are committed to encouraging improving the relationship. The Garda Síochána (Amendment) (No. 3) Bill will assist the process. Provisions such as section 103A will direct the Garda Commissioner to provide necessary information for GSOC as soon as practicable, while section 13 of the Bill which amends section 4 of the Criminal Justice (Surveillance) Act 2009 sets out the circumstances in which a judge will authorise surveillance, which is a positive measure.

The Bill should be viewed as part of a broader programme. The Minister for Justice and Equality, Deputy Frances Fitzgerald, has stated the broader programme aims to reform the administration and oversight of policing and justice in Ireland. I compliment her on her perseverance in this extensive task.

As 2014 draws to a close, after an international competitive process we have a new Garda Commissioner, Nóirín O'Sullivan. I congratulate her and wish her well in her role. We also have a chairperson designate, Josephine Feehily, formerly of the Revenue Commissioners, for the soon-to-be established policing authority which will play a central role in implementing reforms that increase transparency and the accountability of An Garda Síochána.

If there is a "Reeling in the Years" programme on the events of 2014, it will go down as a year in which there was a loss of confidence in and concern about many elements of the justice system. We have seen the loss of a Minister, the retirement of a Garda Commissioner and issues concerning GSOC and whistleblowers. This Bill and the establishment of the policing authority will restore necessary confidence in An Garda Síochána and its overseers. It is important there be a reliable body such as GSOC, that people have trust and confidence that it can act as an oversight body for An Garda Síochána. Without this, the confidence of the public is lost and the trust it will have in the police force will be lost. It is welcome that the Garda Commissioner has been brought within the remit of GSOC. I also welcome the extension of GSOC's powers of investigation into complaints of suspected criminal behaviour and which provide greater autonomy for GSOC in examining practices, policies and procedures in An Garda Síochána.

I welcome the publication of the Bill, on which the Minister has done a lot of work. She is continuing her work on the issues raised during 2014 in the Department of Justice and Equality and An Garda Síochána.

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