Dáil debates

Thursday, 18 June 2015

Topical Issue Debate

Garda Síochána Ombudsman Commission

6:25 pm

Photo of Clare DalyClare Daly (Dublin North, United Left) | Oireachtas source

I am very happy to be able to discuss this issue, although happy is probably the wrong word because I genuinely believe that we are now at crisis point in terms of the functioning or rather the lack of functioning of GSOC. I have come to the conclusion that the departure of Simon O'Brien will represent a turning point in that organisation. A year ago knowledge of GSOC and its role was growing in the public domain but under the new regulations, gardaí going to GSOC with serious concerns about Garda malpractice, incompetence and failure to investigate crime properly are not being dealt with effectively. I wish to put a few examples on the record.

My colleague, Deputy Wallace, has mentioned on a number of occasions the very shabby treatment of garda whistleblowers by GSOC. More than a year ago Garda Keith Harrison's case was referred to the new Garda Commissioner, Nóirín O'Sullivan and sent on to GSOC last summer. In September Garda Harrison met Simon O'Brien, the leading commissioner in GSOC, for four hours in Galway. He was told that the matter he raised was serious and that the commissioner would revert to him on it. He reverted back to him in the first week of November and told him that it would be investigated by GSOC and that two senior investigators had been appointed. That was in November of last year. Up until April this serving garda heard absolutely nothing. The issue was raised by Deputy Wallace in the Dáil and subsequent to that Garda Harrison contacted GSOC by telephone three times but heard nothing. He sent an e-mail, copying in myself and Deputy Wallace and then he got a phone call back on 20 April, almost a year from the time he made his original complaint. He received an apology and was told that there were new systems in place and that an investigation would be set up. He was told that someone had been appointed and would be in touch. He has heard absolutely nothing since. During that time, this serving Garda, who lives down a boreen in Donegal, 25 km away from the nearest Garda station had a patrol car at his house 20 times between January and May. He has also had his post opened. If he had been suspended from duty he would be on full pay. He has been out sick because of the stress of the situation and his pay has been reduced. If this is the manner in which GSOC is treating a garda whistleblower, how much worse must it be for members of the public?

There is a double standard in evidence in the contrast between the speedy investigation that was launched into GSOC at the behest of the GRA and AGSI into the tragic death of a garda in Donegal who had been investigated by GSOC and the lack of investigation into other cases. We have a real problem here. The consistent and unrelenting mantra from the GRA and the AGSI against GSOC is intolerable. We now have a Garda body and a Garda representative organisation constantly publicly undermining GSOC. The commission itself has lost the confidence of the general public. Whether it is that GSOC does not know what to do or that it has been set up to fail is, in some ways, neither here nor there. It is not functioning, gardaí are not being called to account and the public has lost confidence in An Garda Síochána and GSOC.

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