Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

I move:

That Dáil Éireann shall consider the Report of the Joint Committee on Justice and Equality entitled ‘Report on Garda Oversight and Accountability’, copies of which were laid before Dáil Éireann on 15th December, 2016.

I thank the Tánaiste and Minister for Justice and Equality, Deputy Frances Fitzgerald, for her attendance to debate the report of the committee on Garda oversight and accountability. I also thank the members of the Joint Committee on Justice and Equality who contributed to the production of the report. The report was unanimously agreed by the committee at its meeting on 30 November 2016 and was formally launched in the audiovisual room on 15 December. I am delighted that it is now the subject of debate in the House.

The Joint Committee on Justice and Equality identified Garda oversight and accountability as one of the issues it wanted to address in its work programme agreed in September 2016. The committee was of the view that, notwithstanding the outstanding work of the overwhelming majority of members of An Garda Síochána, the service has been mired in controversy in recent years, relating in particular, but not exclusively, to whistleblowers' allegations. The joint committee is also of the view that it is of critical importance that public confidence in An Garda Síochána is restored and maintained by having the highest standards of oversight and accountability.

To assist it in its work, the joint committee invited representatives from the three oversight bodies, the Garda Síochána Ombudsman Commission, the Policing Authority and the Garda Inspectorate. The committee also met with the Garda Commissioner and senior representatives of An Garda Síochána. We met Judge Mary Ellen Ring, chairperson of the Garda Síochána Ombudsman Commission, and Ms Carmel Foley, Commissioner, on 21 September. This was followed on 28 September by an engagement with Ms Josephine Feehily, chairperson of the Policing Authority, and Ms Helen Hall, the CEO of that body.

The meeting with the Garda Inspectorate took place on 19 October, when the then deputy chief inspector Mr. Mark Toland and acting deputy chief inspector Eimear Fisher came before the committee. We met Garda Commissioner Nóirín O’Sullivan on 12 October. She was accompanied by deputy commissioner Donal Ó Cualáin and assistant commissioner Eugene Corcoran, assistant commissioner Jack Nolan, Joe Nugent, the chief administrative officer, and Gurchand Singh, head of the analysis service.

During the course of the evidence heard, it became evident that the legislative powers governing the oversight bodies needed to be strengthened to ensure more effective oversight and accountability. Our report contains nine recommendations which are set out on pages 20 to 22. The first three recommendations relate to GSOC. The legislation underpinning GSOC, the Garda Síochána Act 2005, has been in operation for over ten years and the committee recommends that Part 4 of the Act should be amended and updated to facilitate GSOC in functioning more effectively and efficiently and recommends a number of reforms such as informal resolution, improved oversight of complaints referred to An Garda Síochána, enhanced powers in regard to reviewing investigations and extending the power of GSOC to investigate former members of An Garda Síochána.

Recommendations 4 and 5 relate to the Policing Authority. Recommendation 4 recommended that the regulations and commencement order to allow the Policing Authority to appoint persons to the senior ranks of An Garda Síochána be completed without further delay. I understand that this provision came into operation as of 1 January this year, which I welcome, and I thank the Tánaiste for acting on this important matter.

Recommendation 5 is recommending that the statutory remit of the Policing Authority be expanded to include the following functions and responsibilities: supervise the function of the Garda Commissioner’s Office and the discharge of functions by the Commissioner; appoint, supervise and, where appropriate, discipline senior management within An Garda Síochána; establish policies or procedures for An Garda Síochána; cause to be published and made accessible to the public all sections of the Garda code and Garda operational policies and procedures; and review the adequacy and appropriateness of the policies and procedures which underpin the operation of an effective policing service.

Recommendation 6 is calling for the Garda Inspectorate to be given statutory power to make unannounced visits to Garda premises, as is the case in other jurisdictions.

Recommendations 7 and 8 relate to whistleblowers. The committee acknowledges the importance of the role of whistleblowers within An Garda Síochána and the important role they play in highlighting inappropriate actions or behaviour, helping improve accountability and enhancing the service provided. In that regard the culture within An Garda Síochána must develop and mature in order that the true benefit of whistleblowers who identify malpractice and-or wrongdoing is properly recognised and respected within the service. Furthermore, sanctions should be introduced and applied to serving members of An Garda Síochána, up to and including demotion, where they are found to have interfered with and-or obstructed legitimate whistleblower claims and evidence. In the most serious of cases, sanctions up to and including dismissal from the Garda service would apply. I want to state very clearly that the committee members adopted this and the previous recommendations because they, individually and collectively, want to see emerging from this period of great uncertainty within An Garda Síochána and of great disquiet among the public a police service that will have the deserved confidence, respect and support of all citizens.

The final recommendation relates to resources. The committee is of the view that to ensure effective oversight and accountability of the policing service, it is imperative that all the bodies engaged in Garda oversight are adequately resourced to enable them to carry out their functions efficiently and effectively. The determination of the required additional resourcing should be carried out in consultation with the respective bodies. The committee is of the view that the implementation of the recommendations contained in the report will result in significant strengthening of the oversight powers and thereby will help restore public confidence in the service which will benefit both the public and the serving members of An Garda Síochána.

It is the earnest hope of the members of the Joint Committee on Justice and Equality that all the recommendations are accepted and acted upon by the Minister. I hope that she will reflect positively on the report and its recommendations and advise a timeframe for action.

I thank the oversight bodies and the Garda Commissioner for the evidence they presented to the committee. We were very appreciative of the time given by each of the delegations. On behalf of the committee, I express to all concerned our gratitude. I urge everyone to read this report in conjunction with the transcript which is available on the committee page of the Oireachtas website. I commend the report to the House.

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