Pádraig Mac Lochlainn (Donegal North East, Sinn Fein) | Oireachtas source

In page 3, between lines 17 and 18, to insert the following:

“Amendment of section 73 of Principal Act

3. Section 73 of the Principal Act is amended by the insertion of the following subsection after subsection (3):

“(4) The Ombudsman Commission and the Garda Inspectorate may, for the purposes of an investigation, recruit a pool of independent investigators in place of designated officers.".".

The objective of this amendment is to ensure that there are independent investigators available to the Ombudsman. All too often the Ombudsman has allowed gardaí or former gardaí to carry out investigations. The wording of the amendment could perhaps be stronger.

We are trying to give the ombudsman, as well as the Garda Inspectorate, some flexibility in this regard. One issue that came up in the justice committee hearings was the public's concern that too often matters raised with GSOC are referred back for investigation to the Garda or to former gardaí who are working in the offices of GSOC. Perception alone creates a problem in this context. The point we want to get to is having as many complaints as possible investigated by independent people with the requisite skills. We are willing to work with the Minister on the wording of this amendment if there is a problem with it.

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