John Halligan (Waterford, Independent) | Oireachtas source

The description last year by a Minister of the Garda Síochána Ombudsman Commission, GSOC, as a toothless dog was in some way pitiful but none the less an apt analogy. Revelations over the past two years of Garda malpractice have done enormous damage, with many concluding that restrictions on investigations and limited manpower are resulting in investigations being passed on to the Garda Síochána, without oversight by GSOC.

Despite repeated assertions by Government that it wishes to enhance accountability within the Garda Síochána, an opportunity to move towards an organisation that has the power, leadership and manpower to carry out this task, has been or will be missed. I do not believe this Bill will achieve what many of us wished it to achieve. However, there are some merits in it which deserve to be noted, including the powers in regard to criminal investigations and to examine Garda practices, policies and procedures. I welcome the requirements regarding the timely supply of information to GSOC by An Garda Síochána. This has been a serious issue in the past. Last year, GSOC stated that it finds the failure by An Garda Síochána to release information unacceptable. It also stated that its inquiries are regularly frustrated by the refusal of officers to hand over documents. I understand that on one occasion GSOC was forced to wait 542 days for information. This is the type of scenario one would expect in a developing Third World country.

In the wake of last year's controversies, one of the key powers for which GSOC pleaded was the power to investigate not only Garda complaints but Garda culture. This Bill will not put an end to that culture. Some months ago, when two friends of mine, one of whom is an ex-garda, met with other ex-gardaí and currently serving gardaí in a hotel, all the latter wanted to talk about were derogatory remarks made by Deputies such as Deputy Mick Wallace and Deputy Clare Daly. They had no interest whatsoever in any independent authority investigating gardaí. In their view there is nothing wrong within the Garda Síochána. That culture, I believe, still persists.

Mandatory powers of investigation remain limited to a narrow range of cases involving death and serious harm. All other cases, for example, allegations of sexual offences or excessive use of force during Garda operations, may effectively be referred by gardaí to the Garda Commissioner for investigation. I may be naive but I thought the purpose of this Bill was to cease the practice of An Garda Síochána investigating serious disciplinary matters. I do not believe this will be acceptable to the public. It is certainly not acceptable to me. Why is GSOC not being given the authority and wherewithal to recruit independent investigators? Surely independent investigators would ensure impartiality. If my understanding of this Bill is correct, GSOC will not be permitted to do this. That is completely unacceptable.

I am also not satisfied that GSOC must obtain the consent of the Minister for Justice and Equality to investigate the Garda Commissioner. I am concerned that if GSOC believed investigation of a Garda Commissioner was warranted the Minister for Justice and Equality at the time would have the power to veto it. What would happen if that Minister refused to approve such an investigation? Will, as promised, the explanation for this refusal be full and frank? Crucially, and in the interests of transparency, will GSOC be allowed to publish that explanation? From my interpretation of this Bill that will not be the case. Where then is the openness and transparency? We are, in this Bill, again plámásing the Garda Commissioner and members of An Garda Síochána. As this comes to light over the coming years it will be unacceptable to the public.

There are a myriad of reasons why our policing force is in a mess. A culture of silence and a fear of speaking out is at the route of it. I accept it has been acknowledged by Ministers that this is a problem within An Garda Síochána. I was a little bewildered last July when the then Acting Garda Commissioner, Nóirín O'Sullivan, said that the policing service available to the public had not deteriorated as a result of Garda cuts in recent years. In what country is she living?

The new Garda Commissioner is on record as saying there has been no deterioration in services, but every Deputy and councillor knows that there has been. I am aghast that the Garda Commissioner believes there has not been. That is not such a good start. I know from what has happened in my home city, Waterford, that despite Trojan efforts by the Garda, the lack of personnel and money for overtime payments, not to mention the cuts in spending on Garda infrastructure, have had a terrible and detrimental effect-----

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