Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I thank the Minister of State, Deputy Sean Sherlock, for taking amendment No. 1. Acceptance of amendment No. 2 would mean the Garda Commissioner would become accountable to GSOC in respect of policing matters. This is the same recommendation that was made by the joint committee before I published the legislative proposals to establish a police authority. As the new legislation to establish a police authority will provide that such authority will supervise Garda policing, it is not proposed to accept the amendment.

While I can see the purpose of what Deputy Niall Collins suggests, I note that the core function of GSOC is to investigate complaints made against members of An Garda Síochána. As matters stand, GSOC cannot investigate a complaint made against the Garda Commissioner. Section 7 of the Bill changes that position by inserting a new section 102B into the Garda Síochána Act 2005 to bring the Commissioner under the remit of GSOC for the first time. I emphasise that this is for the first time. In addition, section 10 of the Bill amends section 106 of the 2005 Act to implement an important change that was also recommended by the joint committee. Section 106, as amended, will allow GSOC to examine for the first time on its own initiative any practice, policy or procedure of the Garda Síochána for the purposes of preventing any complaints arising in relation to those practices, policies or procedures.

The changes provided for in sections 7 and 10 are important and will enhance GSOC's capacity to carry out its functions.

As mentioned on Committee Stage, the effect of the Deputy's amendment is to include among GSOC's functions a requirement to hold the Garda Commissioner responsible, in her capacity as the Commissioner of the Garda Síochána but not in her capacity as head of national security, for the operations of the Garda Síochána. One of the consequences of the amendment would be to make the Commissioner responsible to GSOC for general policing matters even though such matters fall outside GSOC's functional remit. Deputies will be aware that I have published the general scheme of a Bill for the establishment of the proposed independent police authority which, among other things, will be charged with providing oversight of the Garda Síochána regarding policing services. This is the approach that should be adopted and the establishment of the authority is a major element of the Government programme for reform in the criminal justice area.

The Committee's recommendation came before I had published the legislation and moved to establish the Garda authority. The scheme has been the subject of scrutiny on the part of the Oireachtas joint committee and the Bill is being prepared as a matter of priority. I look forward to publishing the legislation, to which the Government is committed, and ensuring we have an effective police authority which will give greater transparency and an opportunity for greater community involvement. We have also said the hearings could be televised and it is expected that the policing authority would hold hearings around the country, not just in Dublin, on relevant policing issues in various parts of our community. The objective the Deputy seeks will be fulfilled by the police authority Bill and, given the very strong commitment I have given on it, I ask the Deputy to withdraw the amendment.

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