Micheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

I am sure the Taoiseach will agree that the morale of An Garda Síochána has taken a hammering over recent years and that morale is now quite low among many members of the force. Many issues have achieved a high public profile, culminating in the industrial relations dispute that almost led to an unprecedented strike by An Garda Síochána just over a week ago. It calls into question the competence of the administration of justice in the country and the apparent sense of dysfunctionality in how issues are handled in respect of An Garda Síochána under the justice portfolio.

The latest controversy the Garda is now mired in relates to the vacancies for chief superintendent positions in An Garda Síochána. A competition was held in December 2015 and, arising from that, on 25 May last, the names of the successful applicants were published in Garda headquarters and 18 people were notified by letter of their successful selection to the position of chief superintendent. There are significant vacancies across the force, including in Cork West, the special detective unit, the roads policy unit, the technical bureau, the crime policing administration unit, the central vetting unit, the operational support unit, the Dublin metropolitan regional office, the Garda Reserve and internal affairs. The Government eventually decided to appoint ten chief superintendents and not to appoint the remaining eight applicants, despite that the Government accepted the legitimacy of the competition and of the panel that was selected as a result of that process. The remaining eight who were not appointed would have legitimate expectation of being appointed.

This type of thing damages morale in the force. The O'Higgins report, which examined matters in the Cavan-Monaghan district, was very strong on the issue of supervision and on people being in place in senior, responsible positions to ensure mistakes were not made further down the line and that proper standards and so forth applied. However, these vacancies have existed for quite some time. The issue is that the competition took place under the 2005 Act, and under section 13 of that Act it is the Government's responsibility to appoint members. The Garda Síochána (Policing Authority and Miscellaneous Provisions) Act that established the Policing Authority was passed in December 2015.

Section 12 of the Act, and the regulations pertaining to it, which would give the body the promotional responsibilities for superintendents and chief superintendents, has not yet come into force, almost 12 months on. While there is always a transition between the old and the new law, it is the Government's responsibility to appoint in accordance with the Act that is the law of the land. We have paralysis on the appointment of judges and we now have paralysis and indecision on the appointment of gardaí to very senior and sensitive positions. It is damaging to the force and further compounds already serious issues pertaining to the Garda Síochána. Will the Taoiseach explain why we are where we are regarding the failure to appoint these people to vacant positions at senior level?

See this speech in context