Mick Wallace (Wexford, Independent) | Oireachtas source

Section 7 of the Bill as drafted inserts section 102B into the Garda Síochána Act 2005. This provision only allows GSOC to investigate the Garda Commissioner where the Minister consents to such an investigation and only if an offence or serious misconduct is suspected. These circumstances will rarely, if ever, arise. There is no strength or independence in this function and it is clear that political protection of the Commission can continue under this structure. Amendment No. 13 would allow GSOC complete independence in that function by removing the need for ministerial consent. The amendment also extends the circumstances in which an investigation might include a third group. Section 102A of the 2005 Act provides that GSOC shall report its conclusions to the Minister but my amendments propose that GSOC shall report to the new Garda authority, which may at its discretion subsequently report the matter to the Minister. Furthermore, it is only through ongoing monitoring and oversight of the Garda Commissioner's activities and policies by an independent Garda authority that a transformative impact will be made in terms of holding the Garda accountable to citizens. A once-off power for GSOC to investigate the Garda Commissioner with the consent of the Minister, and only on the grounds of a suspected criminal offence, is not sufficient.

The Minister is well aware of our feelings on this issue. The core of the issue for us is the ability of the Government of the day to retain control over policing by restricting GSOC in what it can investigate. I urge the Minister to rethink this provision. If one compares the different measures the Government has already introduced with our own policing Bill, there is a stark contrast in the area of real reform. In light of the strong public appetite for doing things differently, I believe the Minister would have the public's support if she took a stronger position on de-politicising policing. If we had tried to introduce the reforms proposed in our Bill several years ago, we would have been run out of the place. In fairness, we were nearly run out of the place when we introduced the Bill in 2013. We did not get much support, other than from Sinn Féin Members, who voted for it. It got more support in its second time in the House in July 2014 because the mood had shifted and the public were becoming aware that all was not well.

I am sure the Minister read Conor Brady's book in her spare time over Christmas. There is no doubt that the politicisation of policing has caused problems for successive Governments over the past 60 years. If she has not read the book, I suggest she do so. The two able officials sitting beside her should also read the book if they have not done so already. I am sure they make a serious impact on policy implementation. It is amazing how problematic the politicisation of policing has been over the years. I appeal to her to give GSOC the opportunity to hold the Garda Commissioner to account. That would be a serious reform and I would take my hat off to her if she took this step.

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