Mick Wallace (Wexford, Independent) | Oireachtas source

Given the number of complaints received over the past two years, and their nature, there is a serious level of dissatisfaction among the public with how GSOC deals with complaints. We were actually at pains to defend GSOC. On the occasions we met the commission, we found the three commissioners to be genuine and doing their best in very difficult circumstances. The idea that one third of complaints were going back to the Garda to be investigated without any supervision from GSOC is not ideal, however. One third of investigations were going back to the Garda but were being monitored while the other third were being investigated by GSOC, albeit with the help of ex-gardaí.

The number of former gardaí the commission had on its books ranged from two to four. At one stage in the House, I asked the former Minister for Justice and Equality if there were any serving gardaí in GSOC. He denied it adamantly at the time but later admitted outside of the House that he was wrong and there were serving gardaí in GSOC.

It is understandable the public finds it hard to wear the idea of the Garda investigating complaints against itself. In the one third of cases given to the Garda but not monitored by GSOC, the Garda can come back claiming there is no case to answer without an explanation. We have met many people who got that answer but the Garda was not obliged to give a reason for such a decision or what it found in its investigation. Of course, independent investigators will all cost money. However, if we want an oversight body functioning in a healthy manner, we will have to invest more in it.

To the best of my knowledge, the informal resolution mechanism provided for in section 90 of the Garda Síochána Act 2005 has not been amended either. The Garda can still veto this process. Has this been addressed or changed? The informal cases tend to be the less serious but tend to end up in the pot of the one third of investigations carried out by the Garda that GSOC does not monitor. That is an unsatisfactory arrangement for members of the public.

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