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

As the Deputies noted, we are increasing the period within which a complaint may be made to the Garda Síochána Ombudsman Commission from six months to one year. I thank speakers who welcomed this change.

The purpose of the amendment is to extend the time limit from one year with a proviso that it can be set at two years for complaints about behaviour that would constitute an offence. I considered the six month limit to be too short and decided to double it to one year to give people who may wish to make a complaint a reasonable period to do so, rather than requiring them to do so immediately after an event occurs.

Section 4 is concerned with the general time limit for making a complaint to GSOC. A question arises as to what is a reasonable period within which someone must make a complaint. I decided that doubling the ordinary time limit for making a complaint from six to 12 months was the best approach at this point. It strikes a good balance in terms of addressing the issues I and the Garda Síochána Ombudsman Commission would have to take into account. If the period were to be extended by another year, it would give rise to another tier of complaints. I will explain what I mean by that comment in a moment.

It is important to note that in extending the time limit from six months to one year, I have not changed section 84(2) of the 2005 Act which permits the Garda Síochána Ombudsman Commission to extend the time limit in respect of any complaint when it considers there are good reasons for doing so. GSOC makes completely independent decisions. If a case is taken outside the time limit, it is not required to refuse to investigate it and may decide the case is sufficiently serious to warrant it taking a decision not to be restricted by the time limit, which is set at one year in the Bill. Section 84(2) will remain exactly as it is, which means GSOC has flexibility, irrespective of when an incident took place. The commission makes its decisions independently.

I will make available to Deputies information on the number of cases in which the time limit has been a factor. I will keep the position under review to ascertain whether the time limit continues to be a matter of concern and the main reason for ruling out cases. As matters stand, I am increasing the time limit from six months to one year and have left untouched section 84(2), which gives the Garda Síochána Ombudsman Commission full power to take a case at any point. In addition, the Minister may refer specific cases to GSOC for examination. The Bill provides for a workable framework within which complaints against members of the Garda Síochána can be addressed.

Deputies should not endlessly repeat the claim that members of the public do not have confidence in the Garda Síochána Ombudsman Commission. The evidence shows that the public is making complaints. I fully accept that Deputies have encountered cases in which people are not satisfied, have other points to make or believe their case may warrant further investigation. In many cases, however, the individuals concerned are unhappy with other aspects of the criminal justice system, for example, the outcome of a court case or their experience in respect of a decision made by the Director of Public Prosecutions.

I expect that it is the goal of every Deputy to ensure we have a truly independent system for investigating complaints, one which is supported in doing its work. It must also be understood by An Garda Síochána that this body must be able to do its work and the Garda must co-operate with it effectively in terms of timeframes and so forth.

I would have thought the goal of everybody in this House is to ensure we have a system in which people have confidence. GSOC is the body that has to examine complaints and it is evolving all the time. I want to make it better and I know the Deputies do as well. Through the initiatives we are taking in this Bill, I believe we are strengthening GSOC and increasing the confidence the public can have in the fact it is an independent body.

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