Seán Sherlock (Cork East, Labour) | Oireachtas source

I am standing in for the Minister for Justice and Equality.

The effect of the amendment would be to replace the current three-member GSOC with a single person. The Minister appreciates this is one of a set of changes to the Garda Síochána Act 2005 that has been recommended by the Oireachtas Joint Committee on Justice, Defence and Equality. It was the view of the joint committee that having a single-person commission would provide for greater accountability and strengthen its overall position.

The Minister has considered the amendment carefully and, as was indicated on Committee Stage, there is, of course, more involved than merely a change to the number of commissioners. In particular the Minister is conscious of certain advantages from having a three-person body and she believes these must also be taken into account. In that context the underlying rationale for the three-person model was that it would facilitate bringing expertise and experience across a range of different sectors to the work of the commission.

In addition it was also considered to be a practical advantage that at least one commissioner would always be available to guide and direct operations. At operational level, GSOC considers this to be a significant advantage in a working environment as that faced by the commission. Indeed, some of its most serious and sensitive cases have occurred at weekends and during holiday periods.

Moreover, a three-person commission with its legally required gender balance and its range of experience and expertise conveys a strong public assurance that fairness and sensitivity are at the core of GSOC's approach at the highest level. It also helps that potential differences between an individual commissioner and key interlocutors do not impinge on the smooth and effective running of the organisation.

The Minister also accepts that up to recently the interaction between the Garda Síochána Ombudsman Commission and the Garda Síochána has not been functioning, if one likes, as effectively as it should. However, this is an area in which substantial work is being undertaken by both organisations. Furthermore - this is the purpose of the Bill we are debating today - additional powers are in the process of being conferred on GSOC.

In the circumstances the Minister would be reluctant to alter the current GSOC structures unless it could be shown that a significant advantage would accrue from doing so. Having considered the overall position, including that specific arrangements have been made for the commission, through a nominated member to account to Oireachtas committees, the Minister does not favour moving to a one-person commission.

However, conscious of the position of the joint committee on the matter, the Minister believes this is an aspect that needs to be kept under review. The Deputy will appreciate the consideration that has been given to his amendment. In the circumstances the Minister hopes that he can withdraw the amendment.

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