Dáil debates

Thursday, 2 February 2017

Committee Report on Garda Oversight and Accountability: Motion

 

6:55 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael) | Oireachtas source

I have wanted to say few words about this issue for a long time. I congratulate the Chairman, members and secretariat of the committee for compiling the report, which they obviously took very seriously, as is indicated by the result. Gardaí have a right to be proud of their force and to take pride in their job, responsibilities and the public trust in them in anticipation of the latter's confidence being well founded. Over a period, a number of incidents throughout the country raised certain questions. There were countless debates inside and outside this House and a number of court cases took place. One thing that became obvious was that a gradual chipping away erodes public confidence in any system. This took place, as we in this House all know from observing events. It was unfortunate that this happened but a number of issues that were raised chipped away at that public confidence. As a result, gardaí are now said to have low morale, low confidence and low self-esteem.

That is not good. It is now incumbent on everybody - us, as public representatives, gardaí, management of An Garda Síochána and the Minister - to recognise the importance and seriousness of ensuring issues that cause concern to the general public which are raised time and again are investigated thoroughly to the satisfaction of the justice system. That is without pillorying or victimising anybody or in any way dumbing down the organisation or individuals in it but to be sure to be sure we all have confidence in the system and the investigative procedures in order that we can relax in the clear knowledge that whatever is required of the Garda will be done impartially and in accordance with best practice.

I understand how gardaí feel from time to time when they receive criticism which is sometimes unjustified. They will say they are on the front line and they are in facing criminals and everything that could be thrown in their direction. Very often they are treated with contempt by some members of the general public, which can be very demoralising. They raise the same questions repeatedly, yet nobody says, "Apart from that, you are doing a great job," because we tend to pick out the issues that irritate us and look at where things go wrong. Every aspect of our society has been tried and tested in the past 20 years or so and all have been found wanting in one way or another. There is no aspect of our society that has not been checked and tested in the courts by way of investigation or inquiry in the past 20 years and the reason is different standards are now expected. There are different standards of transparency and accountability which did not apply many years ago, notwithstanding the fact that all those years ago gardaí had to stand up and put their lives at risk on a daily basis in carrying out their jobs. Some of them paid the ultimate price. In the course of this debate, therefore, we need to acknowledge the things that have happened and recognise the sacrifices made by the individual members of An Garda Síochána at all ranks and their families in the job they took on in very challenging circumstances.

I want to comment on the new procedures. I compliment the Tánaiste and previous Ministers on introducing GSOC, the Garda Inspectorate, the system of investigation and the new Policing Authority, all of which should serve to underline the importance of having public confidence in the system. When in difficulty, following a robbery or something more serious, a member of the public will ring An Garda Síochána. That is the first point of contact, but the telephone is not always answered. That is a fatal flaw. I know that there may be a difficulty with resources, but there should be no difficulty in ensuring the telephone is answered. That is the first time a member of the public who very often is vulnerable gets to measure his or her confidence in the system which he or she expects to protect him or her. We need to be certain that issue is addressed, but it is not always addressed and I am being as kind as I can in the circumstances. The Ceann Comhairle knows what I am talking about.

Within every big organisation there are victims and there are people who victimise others. There are people who bully others and there are people who have done the same thing for years and got away with it. I will not go into too much detail. Suffice it to say I recognise the importance of the whistleblower and the role he or she can and must take in current circumstances. That person should not be abused either, but there could be a tendency to do so. There is management or there is not and a whistleblower is not a manager but somebody who says something has gone wrong and needs to be addressed. Such matters need to be investigated and put right. However, it should not follow that the whistleblower should take on himself or herself executive powers because that is not his or her function but of somebody else in the pecking order. I emphasise this because we all have had experience of working with big organisations and people know what I am talking about.

In the context of the report, we should recognise the huge complementary work done by the Garda during the years. We should also recognise the challenges facing it and the growing demands which will only increase those challenges further. We should recognise that modern policing methods will help to make its job easier. Harking back to what happened in the past under the old system and how workable it was is a waste of time and energy. The Garda needs to adopt modern policing methods in concert with all other police forces throughout Europe and across the globe. We have to recognise that members of the general public can often point to various people who have committed horrendous crimes over a period of time and apparently walk away. There is that perception among the public. In many cases the Garda has pursued such persons endlessly and still seems to be thwarted and frustrated by the fact that somewhere along the line they seem to receive bail, get off with a warning, a suspended sentence or whatever the case may be. I am not making reference to any particular case, but we all know what I am talking about. We also need to address these issues because they are part of the delivery of the system. In the final analysis, members of the public expect the Garda to serve and protect them. It is the Garda's job to do this impartially, fairly and without fear or favour. When we get to that stage - we are on the way - we will have done a great job and justice to the system and need for accountability and transparency. We will also have done ourselves justice.

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