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

I welcome the report on Garda oversight and accountability, which is a critically important area. The report was published by the joint committee. It represents a significant contribution to the ongoing debate on policing in this country. I thank Deputy Ó Caoláin, who chaired the committee, and the committee members for the production of the report in such a timely way. It will make a contribution to reforms in this area. I look forward to working with the committee and engaging with it on the various recommendations.

Since my appointment as Minister for Justice and Equality, I have overseen a significant programme of reform. There are many different elements to it. I have made it clear that the process of reform does not end and must continue. It must be ongoing. It is not all done at once, however, nor is it done overnight. It needs to be an ongoing process and engagement about reform and these important issues of oversight and accountability. Reform must be our watchword. There is no question but that change is the order of the day at present. However, it must be managed and carefully considered, which is what happened in the report. Reform never stops and we must end bad practices wherever they occur, which is why oversight and accountability are so important. They lessen the chances of that happening and, more important, of it continuing.

I am pleased to take the opportunity afforded to me by this debate to inform the House that I intend to seek Government approval shortly to prepare heads of a Bill to amend Part 4 of the Garda Síochána Act 2005, which concerns the Garda Síochána Ombudsman Commission to improve its operation. This was recommended in the report. I will return to this presently.

As part of the programme of reform which I initiated, there have been very significant legislative changes related to policing in this country in recent years. Any reasonable observer of these changes would acknowledge that. When we consider the history of policing in the country, some of these changes have been quite dramatic and include the establishment of the Policing Authority, which is at an early stage of development. Therefore, we must be careful in trying to evaluate the contribution of these changes before they have had enough time to make their full impact. When we set up new organisations such as the Policing Authority, it is important to be aware that we have to give it time to settle in and develop its resources and staffing expertise, its programme of work and its strategy. There has been an excellent start under a chairwoman who is doing an excellent job and board members who are totally committed to the work in hand.

As Deputy Ó Caoláin stated, it is very important that we restore and maintain confidence in An Garda Síochána. It is a central part of our democracy, so it is critical the public has confidence in it. Gardaí put their lives on the line when they go out to do their work every day. We have seen that some have paid the ultimate price while doing their job. I agree with Deputy Ó Caoláin that it is important we show our appreciation for the work they do day in, day out, that is, the everyday work they do. We have seen some excellent examples of operations in recent weeks that challenge and interrupt crime and bring criminals to justice. There was Operation Hybrid and Operation Thor and there was a huge reduction in burglaries as a result of targeted policing in recent times. This was very striking targeted policing that has really made a difference to the quality of life of our citizens. As a Government, we have also dedicated huge resources in this regard. I believe that all members of An Garda Síochána throughout the organisations are entitled to take credit for those achievements.

The report addresses a number of specific issues related to An Garda Síochána itself and those other bodies that have a role in oversight, accountability and reform. I will say a few words on each aspect. GSOC has a very important role in ensuring public confidence in An Garda Síochána is safeguarded. It has extensive powers under the 2005 Act to enable it to carry out its responsibilities. Significant changes were made to the powers of GSOC in the past two years, including making GSOC a dedicated body for receiving protected disclosures.

I am committed to ensuring that we have in place the most effective mechanism for the investigation of complaints. I met the chairperson and other members of the Garda Síochána Ombudsman Commission in early January in the context of considering what changes are necessary. In her contribution to the joint committee's work and her meeting with me, the chairperson - and other members - called for changes to Part 4 of the 2005 Act which deals with the investigation of complaints in order, as she sees it, to allow GSOC to function more effectively. The chairperson also referred to minor service issues, which are also addressed in the report, that she felt should be managed by Garda line management rather than GSOC. I fully agree with her on this issue. The chairperson also sought changes to the powers of GSOC to require the Garda authorities to provide it with information and documents in the context of investigations.

Similarly, the joint committee report recommended, among other proposals, that service level issues be handled more efficiently; informal resolution, mediated by GSOC, be used more widely; and further measures to improve the timelines of conducting investigations be pursued. Recent reports show improvements in these timelines and this has been acknowledged.

The Garda Síochána Ombudsman Commission has been operating for ten years now and it is time to examine fundamentally the legislative provisions relating to the manner in which complaints are made to and dealt with by GSOC. Accordingly, I informed the chairperson that I propose to seek Government approval soon to prepare heads of a Bill to amend Part 4 to enable GSOC to carry out its functions more effectively and efficiently and help to continue to ensure proper accountability of the Garda Síochána in providing a service to the public. I expect the forthcoming changes to mirror very closely the recommendations in the joint committee's report. I must and will consult all relevant stakeholders during the preparation of the heads of a Bill.

Resources and funding, which have been increasing, will continue to be kept under review to ensure these oversight bodies are enabled to continue to operate effectively and efficiently and in accordance with their statutory remit.

The establishment of the Policing Authority has been one of the most significant and progressive reforms to the justice system in recent years. The recent transfer to the authority of the appointment function for senior ranks is a particularly important signal of this reform and not one that should be underestimated given the history of this issue and the change it signifies. There are suggestions that the provisions of the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 are too limited and should provide for the full removal of the Government and Minister for Justice and Equality from any role In the area of policing. I repeat the general point I made that some changes need further time to embed themselves. We also have to be mindful too of the constitutional restrictions, as advised by the Attorney General when I was doing the legislation, on the extent to which it is open to the Government to delegate to another body important functions relating to the executive power of the State. This matter was considered very carefully when I was doing the legislation. The provisions in the Act are designed to strike the right balance between, on the one hand, the exercise by the Policing Authority of effective and meaningful oversight of the Garda Síochána and, on the other hand, the retention by government of essential residual powers in regard to policing. I accept fully that we need to monitor how these new arrangements are working.

The Garda Inspectorate performs a very valuable service in seeking to ensure the highest level of efficiency and effectiveness in the operation and administration of the Garda Síochána is maintained. I know the joint committee also heard evidence from An Garda Síochána. The modernisation and renewal programme 2016-21, published in June 2016, is the vehicle for the implementation of the Garda Inspectorate’s wide range of recommendations aimed at An Garda Síochána. As Deputies will know - this is important - I have asked the Policing Authority to monitor implementation of these agreed recommendations. This creates another level of oversight. The Garda Inspectorate will make recommendations which the joint committee will examine from time to time. I have also asked the Policing Authority to monitor their implementation and I will receive the first report in the coming days.

I note the joint committee’s recommendation on access by the Garda Inspectorate to Garda stations. I agree with this recommendation and I would like to progress it. It may be helpful to mention that we are considering what arrangements might be put in place for independent access to all places where people are detained in light of international developments in this area. I note the joint committee's report points out that this is done in other countries and I do not see any reason it could not be done in the context described in the report.

I note and accept fully the joint committee's reference to the important role played by whistleblowers within An Garda Síochána. In 2016, the Garda Síochána published its protected disclosures policy and it has been working with Transparency International Ireland and other external providers to create an environment to ensure whistleblowers are protected and supported. As Members are aware, in June I asked the Policing Authority to examine and report on the policies and procedures in place in An Garda Síochána to deal with protected disclosures and make any relevant recommendations. The revision of the protected disclosures policy was finalised on 13 December 2016 and the revised document was published to the Garda internal portal on 14 December 2018. This is an area which is being kept under independent review by the Policing Authority. These matters have been the subject of public engagement between the authority and the Garda Commissioner and her team.

A new code of ethics has been prepared by the Policing Authority. People have spoken about a code of ethics for a long time and its launch two weeks ago is an important milestone. I also welcome the commitments in the policing plan to embed this code into the day to day thinking and actions of the organisation. The code is an impressive document to read and I want every new recruit in Templemore, from which several hundred gardaí graduated today, to know, understand and implement this extremely important code of ethics.

In the area of protected disclosures, it may be helpful to mention that I have received a report from Mr. Justice larfhlaith O’Neill relating to two protected disclosures I received in October last year. While I am still consulting the Attorney General on a number of complex issues which arise, I expect to be in a position to bring proposals to government in the very near future.

I hope it is clear from what I have said that the Government and I are committed to ensuring that An Garda Síochána continues to provide a modern, efficient and accountable policing service. The new structures which have been put in place are a significant contribution to that. As I stated, reform is ongoing. I welcome the report and I have given my initial reaction to a number of the recommendations it makes and the progress I intend to make on them. I thank the chairperson and members of the joint committee for their report, which provided a valuable input into the discussions I had and will no doubt have in future. It will also help in progressing some the changes I have outlined to the House.

It is very important that we continue to work together to ensure An Garda Síochána is as accountable and effective as possible. The considerable resources the Government has committed to the Garda in recent years have resulted in the reopening of Templemore, the recruitment of new gardaí and more civilians to a force that will have 21,000 people, new vehicles and more information technology resources. All this will contribute to efficiency and accountability.

I thank the joint committee for its report. The recommendations cover the activities of the Garda, GSOC, the Policing Authority and the Garda Inspectorate. Each of these bodies has its own functions and objectives. I have tried to be as comprehensive as possible in the time provided and to give as clear an indication as I can at this stage as to how I view the recommendations in the report.

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