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

I thank all Deputies who contributed to today's debate on the Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015, which establishes the new policing authority that is at the core of the Government's reform plans and represents the most far-reaching reform of the Garda Síochána since the foundation of the State.

Any detailed reading of the Bill will show that the new authority will have extensive functions, many of which are currently exercised by the Government or Minister for Justice and Equality. Many functions have been transferred to the new authority. As I have already outlined to the House, the Bill proposes that the authority will have responsibility for a range of areas. The previous speaker has completely under-estimated what is in this Bill and does not appear to have read the detail of what the new authority will be responsible for. It will oversee the performance of An Garda Síochána in terms of its policing functions. It will nominate persons for appointment and will have the authority and power to recommend removal of people right up to the top position. The previous speaker in particular completely ignored the fact that it is the norm for governments all around the world to have ultimate responsibility for appointment to top level police positions. That is the reality. We also have constitutional and executive function considerations to take into account. It is the case that the police authority in this country, An Garda Síochána, has responsibility for security and policing. In drawing up this Bill, all of those factors had to be taken into account. That is why I said when I introduced the Bill that I believe the appropriate balance has been struck, after careful consideration and having taken account of the constitutional issues.

A careful balance has been struck between what is the role of a Minister for Justice and Equality and the functions given to the new independent policing authority. It is an extremely important step forward. It is a reforming step forward and to deny that is the case is to do a disservice to what is happening here. Far from this being a disappointment to members of An Garda Síochána, the public and NGOs, it is a real opportunity for a new stage of reform in relation to An Garda Síochána. This is landmark legislation in terms of the change, compared with the type of situation that has existed over the decades in terms of the relationship between An Garda Síochána and the Department of Justice and Equality or, indeed, a Minister for Justice and Equality. This legislation is a statement which, I believe, is an extremely important one in terms of transparency, involvement of the public and the independence of the authority. It provides a real opportunity for the public to know more about policing and provides the Garda Commissioner with an opportunity to speak before the authority, made up of an independent chairman and eight members. The appointments process in terms of the appointment of those members is already being addressed by the Public Appointments Service. This Bill presents an opportunity to strengthen Garda oversight in terms of the introduction of the independent forum for the public oversight of policing services in Ireland. It is a new engine to drive policing reforms.

The reports from the Garda Inspectorate outlined the range of reforms needed. Nobody is denying that cultural change is needed and that administrative technical oversight is needed. Nobody is denying that the Garda Inspectorate report did not say that some of those reforms could be implemented immediately, with others being required in the medium or long term. The Government and I, as Minister for Justice and Equality, have begun that process. I believe the new Garda Commissioner, Noírín O'Sullivan, is also working to that agenda. I have no reason to doubt that management of An Garda Síochána are working to address the issues starkly identified in recent reports as requiring attention. The new authority is one of the key mechanisms to allow that oversight develop. Again, this will not happen overnight. This legislation is a real statement by this Government that we want to see reform, more public accountability and more independent oversight of An Garda Síochána. That is what is being done through this Bill.

No doubt we will have an opportunity on Committee Stage to discuss further the balances that are in the Bill, and balance there must be, because there are constitutional imperatives and issues around executive authority. To the Deputies who raised some of these issues, including Deputy Creighton, I have no doubt that in the time ahead Deputies will want me as Minister for Justice and Equality and future Ministers to come to this House and to be held to account on policing. Deputies will want an opportunity to question the Minister of the day as a member of the Government. They will want to check whether that Minister is fulfilling his or her constitutional role on policing. Let there be no mistake about it that this will be a requirement in the future. In developing the independent Garda authority, due note and regard must be taken of that constitutional role. As I said, the Oireachtas will certainly want to hold the Minister of the day to account in relation to policing.

I do not believe that when Deputies spoke about the types of balances they wanted to see in this Bill they meant that a Minister for Justice and Equality should not be held accountable in this House on policing.

There are constitutional limitations on the extent to which it is open to the Oireachtas, by way of legislation, to delegate the Government's ultimate responsibility in respect of policing to another body. However, we want an independent police authority. In the provisions, we have had to deal with the various nuances to which I have adverted. There is a strong role in the Bill, which some Deputies have mentioned, although others have not, for the Oireachtas, the Dáil and the Seanad, to oversee the various decisions that arise in respect of the work of the authority, whether they relate to the appointment of the members of the authority or the question of the removal of a commissioner as well as other issues.

I believe that the balances are in place. I repeat that this is reform. It is important reform in respect of the oversight of An Garda Síochána. It is certainly going in the right direction in terms of public scrutiny. It adds to the body of reform that has been undertaken by An Garda Síochána, me and the Department of Justice and Equality in the past year. I am grateful for the support that has been expressed by Deputies.

I intend to enact the legislation. Indeed, I hope Members of the Dáil and Seanad will support me in enacting this legislation quickly in order that we can get on with appointing the independent police authority. Recruitment for the chief executive of the authority has commenced. The final round of interviews will take place in early November. Staffing sanction has been received from the Department of Public Expenditure and Reform. Some €500,000 is in the budget for this year for the initial start-up. Naturally, in the Estimates this year there will be an independent and appropriate Vote and an appropriate budget. Of course the Garda authority needs a budget to get on with its work. As I have said to the House, we have already established a policing authority transition group charged with doing its work. It began work in May of this year. The Vote will be established and discussions are ongoing with the Department of Public Expenditure and Reform on the matter. The authority has new premises, which is being organised at present. It is anticipated that the independent chair and her team will be in the new premises in mid-October. Everything is well under way in the establishment of the new Garda authority. Given that the decision was taken by Government only last year to establish a new Garda authority, by comparison with the establishment of other independent bodies the process has certainly moved ahead quickly and efficiently. I look forward to the new Garda authority being established within months.

I commend the Bill to the House. I intend to move some amendments on Committee Stage to sections 19, 44 and 48.

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