Derek Nolan (Galway West, Labour) | Oireachtas source

We are coming to the end of a very difficult time for the policing authorities in this country, namely An Garda Síochána and the Garda Síochana Ombudsman Commission, GSOC. The last two years have been full of controversies relating to penalty points and the relationship between the gardaí and the commission, which got so strained at one point that it led to public hostility between both organisations. There were allegations of cover-ups and of investigations not being properly investigated by the gardaí. There was the resignation of the Garda Commissioner and the Minister for Justice and Equality. Just this month we see that one of the GSOC commissioners is leaving his post to take up another post in the UK.

During that time, one of the things which GSOC was involved in and to which this Bill relates was the allegation that the office was subject to bugging. The idea that someone was bugging the independent ombudsman of An Garda Síochána created a national furore and was on the front page of many newspapers. It led to several hearings in this House in which I took part. There was much media and public commentary and concern about the implied suggestion that the gardaí were bugging the GSOC offices.

At the time, I remember looking at some of the information and questioning the then commissioners as to the exact nature of what was happening. They were very concerned about information which was critical and crucial to their role being printed in public newspapers. It turned out a long time later that what we actually had was information making its way out by other means. The bugging, when looked at by retired Mr. Justice Cooke, had not actually taken place or there was no evidence of it whatsoever. This showed us that in GSOC, like in any organisation, things can go wrong. No organisation is infallible. In that instance, GSOC did not stand up to the highest ideals that we would like it to. It fell short and created somewhat of a national furore when none was necessary.

The internal report which dealt with bugging was considered extremely confidential within GSOC. Yet that report managed to get out into the public domain. GSOC therefore still has some questions to answer about its ability to control and maintain secrecy and privacy over information which is extremely sensitive. If we want people to feel free to speak up and to go to GSOC and to give information about alleged malpractice in the Garda Síochána and so forth, the knowledge that there may be someone within GSOC who is letting that information out or that GSOC cannot control that information is extremely serious. We would want to be sure that this issue is being dealt with.

Some of the things the Government is doing to deal with the issues in policing are extremely important. The new Garda authority that is being established will revolutionise where we are going in terms of civilian and public oversight of our Garda Síochána force. There has been much criticism that until now we had simply a two-way relationship between the Garda Commissioner and the Minister for Justice and Equality, that in that relationship one could become almost too close, that relationships could develop that would prevent proper accountability and that this would lead to a situation whereby the ability to keep an objective distance would be compromised.

I am delighted to see that Josephine Feehily has been appointed to the Garda authority. I have had some experience dealing with her as chairperson of the Revenue Commissioners in the Committee on Public Accounts. She is an extremely capable and able person. I have no doubt that she will bring those skills and more to her position in the Garda authority.

Some of the powers that are being given to GSOC will give a new added impetus to its function and will give it the power to be a bit more aggressive in some areas. The power provided for in the Bill that allows GSOC to initiate investigations off its own bat, without having to require someone to come in with a complaint or an official external source to start the investigation, is something that is particularly welcome.

The ability of GSOC to expand its role to that of almost a monitoring body and to decide when it can and cannot investigate is a particularly good change. There was a perception that the Garda Commissioner, by virtue of the Act and the Commissioner's relationship with GSOC, was somehow beyond reproach. We cannot have that. If what we are trying to do is to establish a new public confidence in the policing structures, we cannot have the head of the Garda being perceived as someone who is not to be investigated, not to be held to account and not to be subject to the same investigations and accountability mechanisms as other members of the force. The way the Bill expands this role and allows the Garda Commissioner to be subject to a GSOC investigation, albeit with the consent of the Minister for Justice and Equality, is an important step and one that will stand to the governing structure in the future.

I also welcome the logical extension of the deadline for complaints from six months to 12 months. This makes sense and will allow people to feel comfortable with what they do and to take the necessary time. Everyone is not always of the one view about if or when they should begin such processes. Giving that extra time makes it simpler, clearer and better for everyone. I also wish to welcome the granting of powers to GSOC to intercept communications, post and so forth. These are powers which are open to the gardaí when they are investigating criminal investigations. It is something which will benefit GSOC given the time limits on it.

I understood that I had five minutes, but the Chair is being very generous with the time.

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