Enda Kenny (Mayo, Fine Gael) | Oireachtas source

The Cabinet sub-committee discusses a range of issues relating to the Garda, policing and crime in general, making its recommendations or dealing with requests from the Minister for Justice and Equality of the day, who is the Tánaiste in this case. As Deputy Adams is aware, under the Protected Disclosures Act 2014, a worker employed in a public body may make a protected disclosure to a Minister in the Government on whom any function relating to that public body is conferred. On 3 October this year, the Tánaiste received correspondence under the Protected Disclosures Act 2014 from two members of An Garda Síochána. Under that Act, the Tánaiste may say nothing publicly that might identify the persons making the disclosures. She cannot comment on the accuracy or otherwise of reports appearing in the media about the nature of the disclosures. It is vital that the claims of people making such disclosures are properly addressed. It is also important to ensure the rights of individuals like this to fairness and proper procedures are prepared for. Deputy Adams is aware of that.

Having consulted the Attorney General, the Tánaiste asked Mr. Justice Iarfhlaith O'Neill, a former judge of the High Court, having regard to the provisions of the Protected Disclosures Act 2014, to review the allegations of wrongdoing that were contained in the disclosures. That included making any inquiries with the persons or bodies that he considers appropriate with respect to the review; reporting to the Tánaiste within six weeks on the conclusions of the review, including any recommendations that he may consider necessary on any further action that may be appropriate and warranted arising from the allegations made; and that on the conclusion of the review, the Tánaiste will consider what further steps may be necessary. That is the process and it relates to a very specific section of a very specific Act for very good reasons. Whistleblowers perform a very important function in the public interest and they must be respected and protected when giving their disclosures. That is why the legislation is the way it is.

The Deputy mentioned the Policing Authority and referred to its powers. This brings a dedicated layer of public oversight to the administration of policing services and it also provides a new engine to drive reforms of the policing system and practices in order that the Garda Síochána can be seen to be fit to deal with emerging challenges of policing in the 21st century.

There are several important points to note here. The Policing Authority is responsible for approving a three-year strategy statement and the annual policing plan submitted by the Garda Commissioner. The authority must establish and publish within 12 months - that is, by the end of 2016 - a code of ethics that includes standards of conduct and practice for members of An Garda Síochána. The authority will hold at least quarterly meetings in public. As the Deputy knows, a fourth public meeting for 2016 took place on 29 September. The authority is enabled to request the Garda Síochána Ombudsman Commission to investigate any policing matter which gives rise to a concern that a member of the Garda may have committed an offence or behaved in a manner that would justify disciplinary proceedings. The authority may, subject to the consent of the Minister, request GSOC to investigate any behaviour of the Garda Commissioner in the context of his or her functions relating to policing matters, examine procedures or practices of the Garda in regard to policing matters in general, and request, as deemed necessary, the Garda Inspectorate to initiate an inspection or inquiry in respect of aspects of the operation or administration of the Garda.

The Policing Authority, therefore, has significant powers. It can hold the Garda to account, with senior Garda management reporting to the authority, including via public meetings. It may determine Garda priorities in respect of policing services. It may nominate persons for appointment by the Government to the posts of Garda Commissioner and deputy Garda commissioner. It will appoint persons to the ranks of Garda superintendent, chief superintendent and assistant commissioner, and may remove them for reasons related to policing services. It may appoint persons to senior positions within the Garda civilian staff. The Policing Authority takes up those responsibilities following the last appointments that were made.

The Garda Commissioner does not account to the Policing Authority on national security issues, the latter being a function of Government. Under the new oversight arrangements, the Garda Commissioner will report to the Policing Authority in respect of policing matters and to the Minister for Justice and Equality on security matters.

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