Mick Wallace (Wexford, Independent) | Oireachtas source

Rather than going into the things we are looking for in amendment No. 7, which Deputy Daly has highlighted, I note that the policing principles section of the legislation should include reference to a code of ethics. The 2005 Act provided that the Minister shall establish by regulation a code of ethics, including conduct and practice for members of An Garda Síochána following consultation with the Garda Commission, GSOC and the then Irish Human Rights Commission and having regard to European standards. Neither the current nor any previous Minister ever did this. It is a major problem. We have never given gardaí a code of ethics to work towards. Can Members imagine the confusion this has the potential to cause?

There is a barracks in Kilkenny with approximately 60 gardaí in it and there is great inconsistency in how they work. Some of the gardaí are upset at the behaviour of others. Some really good gardaí feel that others do not behave as well as they should. I brought this up in the Chamber a year ago and I wrote recently to the Minister for Justice and Equality and the Garda Commissioner about the issue. The Field Bar in Kilkenny has suffered a campaign of intimidation and bullying that has gone on for seven years. The owners and staff have been affected. It is hard to credit what has happened there.

After I raised this issue last year, everything stopped for a while. Complaints were made to GSOC. Many of them were out of date. Seven were not, but they are still being investigated a year later without result. Reportedly, there has been poor co-operation from the Garda. Good gardaí in Kilkenny are finding it difficult to oppose those who are responsible for poor behaviour. One wonders how this might happen, but we do not have a code of ethics to tell gardaí how they are supposed to behave ethically when carrying out their jobs. Surely guidelines on behaviour would be essential for anyone with such a responsible job.

In 290 days of trading this year, the pub in question was visited by some gardaí 146 times. That is unbelievable. Its competitors are not suffering this and an investigation is warranted. There are good and honest gardaí who are not happy with what is happening, but it is as if people believe that they can get away with doing this. They stopped for a few months after I complained in the Chamber last year, but their confidence returned and they started again. Recently, one of the bar's staff stated that it was like being under siege constantly. This is difficult on the staff and the man and woman's children, who do not understand what is happening. This couple made a living in New York for years before returning home, buying the Field Bar, doing it up and running a business as anyone would. Their children are aghast that someone can suffer this in a country like Ireland.

The amendment is connected to this matter. Poor behaviour is sometimes directly linked with the lack of a code of ethics. The pub gets fined all of the time for late openings even if the staff are only cleaning up, which warrants an investigation. It got fined again a few weeks ago. Two gardaí arrested the wife, bundled her into a van and brought her to their barracks. They let her out an hour later after the fine was paid. This is not normal. Two weeks ago, I wrote to the Minister for Justice and Equality and the Garda Commissioner about it. I hope that they do something about it, as it is very bad.

Under the Bill, the authority will set a code of ethics, but the clause making a breach of the code of ethics a breach of discipline, as mentioned in the heads of the Bill in November 2014, has been removed. What is the rational explanation for this? It beggars belief. Under the 2007 disciplinary regulations, a breach of a code of ethics, if one existed, would be a breach of discipline. This provision is included in the 2005 Act. However, the regulations are only secondary legislation and can be revoked at any point by the Minister's executive power. In subsequent amendments, we will argue that a code of ethics should be included in the Bill and any breach of such a code should constitute a breach of discipline and be sanctioned accordingly. If sanctions are not in place, what is the point? We have serious problems, but it is as if the Government is pretending that they do not exist.

Eighteen months ago, we all acknowledged that everything was not well with policing. There was a great deal of fanfare and claims that changes would be made. The then Garda Commissioner, Minister for Justice and Equality and Secretary General of the Department of Justice and Equality went, but nothing has changed. Despite the GSOC Bill, GSOC is still not fit for purpose because it has no power to hold the Garda to account. The Government went through the charade of introducing legislation, but that was toothless. We are now setting up a so-called independent policing authority, but the Government hand picked its head and will hand pick the rest of its personnel. The authority will not be independent - it will be a pup of the Government, another quango. We were in favour of an independent policing authority, but it would have been better for matters to stay as they were because we have created a fig leaf of independence. It is not a buffer between the Garda and the Minister. The Minister's paws are all over it, it has no real power and it is not independent of the Government of the day. We will continue to have problems with policing until we depoliticise it, but the established parties obviously do not want that. This is a shame.

Good gardaí - whistleblowers - have come forward in recent years. The likes of Maurice McCabe, John Wilson, Nicky Keogh, Keith Harrison and, in Cork, Jack Doyle have stuck out their necks. There are many more. Many people are proud to be a part of policing in Ireland and love the idea of being in an organisation that looks after the security of the State, individuals and communities, but many are not happy with how it is panning out. It could be so much better. Everything was not right a number of years ago, but there was a greater dimension of policing with people's consent. Sadly, that is disappearing. The Garda is now seen as more of a police force than a police service. The Government has a major responsibility to address this problem.

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