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

If Deputy Mac Lochlainn has evidence of what he has just put before the Dáil I would like him to give it to me because the matters to which he referred were one of the key issues we took seriously when we examined the penalty points reports. The Director of Public Prosecutions is to evaluate applications for cancellation made by a garda to avail of the statutory exemption for emergency vehicles where the garda is driving a private vehicle in the course of his or her duties. If Deputy Mac Lochlainn has evidence that somebody of a senior rank is abusing the system I would like to have the evidence and I am sure the Commissioner would like to have that evidence. I assure the Deputy it will be followed up and examined because we have taken a whole series of initiatives and operationally the Garda has taken a whole series of initiatives. We took decisions at a policy level in government and we continue to work on the range of points that were made. I remind the Deputy that only three people are now authorised to cancel fixed charge notices under the new policy. That system is in operation. I also appointed a judge to oversee what was happening in that office. All of the other areas where recommendations were made for change were accepted by the Commissioner and were implemented. If for some reason Deputy Mac Lochlainn believes the opposite to be the case and he has evidence to that effect I would like to see it. I will follow it up and I have no doubt that the Garda Commissioner will follow it up operationally. I say the same to Deputy Wallace. If he has evidence of wrongdoing in the particular station he has just mentioned he should please supply the evidence because it needs to be followed up.

In terms of ethics, I do not accept the way the Garda authority has been described by any of the previous speakers. The authority will provide a new independent and dedicated forum for the public oversight of policing services in Ireland. It will be a new engine to drive policing reforms and practices under the chair, Josephine Feehily, and the board and staff that will be appointed. The authority will ensure that An Garda Síochána is fit to address the ongoing and emerging challenges of modern policing. If one looks at the history of policing in this country it is a quite radical reform to have a new, independent policing authority made up the way it is with a chair, a strong board and staff with the authority we have given it.

Let me remind Deputies of the authority it has. It has authority to oversee the performance by the Garda Síochána of its policing functions under a broad range of headings. I will return to some of the points that were made about the role of Government. The authority has power to nominate persons for appointment by the Government to the posts of Garda Commissioner and deputy Garda commissioner, to appoint persons to the rank of Garda superintendent, chief superintendent and assistant commissioner and to remove them for reasons related to policing services. That is a very strong power for a police authority to have. The authority can also appoint persons to senior positions within the Garda civilian staff, determine Garda priorities on policing services, approve the three year Garda strategy statement, approve the annual Garda policing plan, establish a Garda code of ethics – I will return to the points that have been made about that – and the authority’s general goal to promote and support the continuous improvement of policing in the State.

Of course, there is work to be done and the Garda Inspectorate reports have shown that. I could give the Deputies a list of the initiatives that have already been taken in regard to the last Garda Inspectorate report, on which we had a detailed discussion here. Changes have been made in regard to data and the PULSE system. The commitment by the Government to the IT system will mean that already by the end of this year we will not only we have crime being reported on the PULSE system but we will have the investigation of crime on that system because money has been made available for the system that is needed. Next year, because of the investment that is being made, we will have the whole human resources system in place for the first time. It is not acceptable that this will be in place for first time but this was not dealt with during all the years of the Celtic tiger economy. This will be dealt with next year because the funding is available, the tenders have gone out and the decisions have been made that will ensure the Garda has the types of systems it needs in place to have effective policing and the proper deployment of resources. It is multifactorial. The Garda Inspectorate obviously has highlighted the ongoing work that is needed. The Garda Commissioner will be giving her response to that and has already implemented quite a number of the suggestions in the current report.

I would mention the focus groups and the work that was done with the members of An Garda Síochána, and a good deal of work was done with them by the Garda Inspectorate. It is worth keeping in mind that this was done two years ago. Quite a number of changes in regard to policing have been made, as we know, within the last year and half or so, and we should be conscious of that.

In regard to the role of Government and the various elements of the Bill, I want to put on record the point about the constitutional responsibilities of Government. I said previously that the legal situation is that as a matter of practice, as a matter of custom and as a matter of proper constitutional interpretation, the function of the Garda Síochána in the exercise of the policing power of this State has been interpreted by the courts as a function that is exercised as part of the executive power of the State. One does not just take that away. What we have done is crafted the Bill recognising that constitutional reality. While an executive power of the Government under Article 28.2o can be delegated it would not be constitutionally permissible for such a delegation to amount to an abdication of the Government's executive power. I put it to the Deputies that there are not too many Deputies in this House who, if questions or issues arose in relation to policing, would not want a Minister for Justice and Equality to come in here and respond to the queries one might have at that time, be it to do with the security issues we see at present or other operations.

I want to emphasise that the exercise of the policing function is an aspect of the executive power of the State. Many of the amendments proposed to this Bill, on which we have just voted, would remove from the Government the ability to comply with the constitutional duties in regard to the exercise of that power and that, in itself, would be unconstitutional. The Deputies may not accept that but that is the situation. I am not going to put a Bill before the House that is unconstitutional. In the development of the police authority, we have managed that balance in a way that ensures we have a strong authority with significant powers and significant opportunity to show to the public in terms of bringing in the Garda Commissioner and senior management and questioning them on the various priorities, their strategies and the various operations they are undertaking. Obviously, the gardaí get on with the operational aspects but we will have an independent policing authority that can hold meetings in public. That has been forgotten in the debate as well. It can have public hearings in regard to whatever topic it requires.

I want to talk about the code of ethics. It is surprising to say the least that no code of ethics has been established to date. There were obviously difficulties before my time in this office in producing that code and I want to say a few words about that. The requirement for the establishment, by way of regulations, of the code led to alignment difficulties with the strict provisions of the disciplinary regulations. Let us keep in mind that we have disciplinary regulations. In effect, there could be two sets of what could be described as disciplinary regulations, given that a breach of the code was intended to be a disciplinary matter. I do not accept either the point made by Deputy Wallace or by Deputy Daly that this represents a watering down of the code. It does not and I will tell the Deputies why but I will first conclude my point. This would be, notwithstanding the fact the behaviour that could constitute such a breach would of itself be a disciplinary matter under the disciplinary regulations and so that would not lead to an effective disciplinary process.

If the Deputies read section 16, they will see what we will have. For the first time within 12 months of the establishment day of the new policing authority it will establish a code of ethics. That is a very important statement. It is a clear priority for the policing authority to establish a code of ethics within 12 months. If we read the detail, we note it will look at the standards of conduct and practice for members and provisions to encourage and facilitate the reporting by members of wrongdoing in the Garda Síochána. There is a range of people with which it will consult, which is a very good idea. I see nothing wrong with the range of people it is consulting.

A point has been made about human rights. Obviously, the authority will consult the Irish Human Rights and Equality Commission but of course it is open to an independent policing authority to examine human rights issues all of the time in its work. Of course it will do that. I take the point made by one of the Deputies about human rights standards and how important they are but I want to put a few points on record in regard to the Garda. As that Deputy said, the Minister of State, Deputy Ó Ríordáin, made the point that the Irish Human Rights and Equality Commission is already fulfilling its function in respect of the Garda Síochána and other organisations, but let us consider what is happening at the moment. Section 16 of the 2005 Act provides a revised form of declaration for persons joining the force, which specifically directs each new member to have regard for human rights in carrying out policing duties. That is contained in the 2005 Act, namely, the importance of human rights in carrying out policing duties. Garda training now incorporates human rights. Detailed information has been given to every member of An Garda Síochána about, for example, the European Convention on Human Rights Act 2003. The information that has been given to every Garda in the country outlines the key principles of human rights obligations as they apply to operational policing. Of course that needs monitoring but let us not pretend that human rights do not feature in Garda training or in the operational instructions that they have or that it is not provided for under the Act. It is contained there - that is the reality. There is also a Garda declaration of professional values and ethical standards. That has been published and worked on with members of the force. Human rights compliance is at the heart of the strategy statement for 2013 to 2015. Let us not pretend it is not there: it is at the heart of it. I am not saying that having something in guidance such as that means it will be implemented and of course we must have ongoing monitoring but it is certainly open to the Garda authority to do that. All operational Garda directives now make reference to the human rights principles applicable to the relevant instruction so as to remind all members of the force of their obligations in this area. The new training programme for Garda recruits, the BA in applied policing programme, incorporates human rights training, and training in human rights is also part of the ongoing professional development for members. There is a whole range of areas where at a practical, ongoing training and operational level human rights is at the centre, as it should it be, and I agree with that. In developing a code of ethics, the authority will consult with the Irish Human Rights and Equality Commission, the Ombudsman Commission and others, as is appropriate. The policing authority will be established on 1 January 2016 and within 12 months, there will be a code of ethics for the first time, which will not be watered down.

The behaviour that would constitute a breach of the code is a disciplinary matter. Thus the practical effect of misbehaviour is dealt within the disciplinary regulations. Making the breach a disciplinary matter would not alter the position that is comprehended by the disciplinary regulations. Minor infractions are liable to the regulations and more serious infractions are also dealt with under them. Behaviour that would amount to a breach of a code of ethics is, therefore, clearly comprehended by the regulations. For all those reasons, this is a step forward and not backwards, as the Deputy said. There are implications to a breach of the code of ethics, which would be comprehended by the disciplinary regulations, and there will be an independent body for the first time working and consulting with a variety of people before the work is completed.

The Deputy also raised a question about civilians. There are civilians in the organisation and it seems reasonable to have them liaise with the various representative associations. I do not see why they would be excluded. For all those reasons, I cannot accept the amendments. I am satisfied that the policy objective relating to the code of ethics is achieved in the legislation. Under section 16 of the principal Act, every member of the force declares that he or she will faithfully discharge the duties of a member with fairness, integrity, regard for human rights, diligence and impartiality upholding the Constitution and the law, according equal respect of all people and discharging his or her duties according to the law. That statement is an intention to act ethically. No more than in other areas of life, proper and good management is essential to be continually rigorous in the monitoring of behaviour. There have been failings but we are determined with the range of reforms that have been introduced that there will be ongoing improvements and ongoing implementation of the inspectorate report. That is helped by the position we are in where because of the fact we have a stable economy, we can invest in the Garda and give members the resources that will help them do the job properly. That includes recruitment, the vehicles they need to do their jobs effectively and efficiently around the country, having the appropriate specialists and increasing civilianisation in order that gardaí can be removed from doing jobs that are not appropriate to them, as the inspectorate report says, which should be done by other staff. Clearly, short, medium and long-term initiatives are required to respond to the inspectorate report.

The disciplinary process in An Garda Síochána is formalised and grounded in regulation. Those are the main points I want to make in response to the various issues raised.

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