James Lawless (Kildare North, Fianna Fail) | Oireachtas source

I will continue on from my colleagues' comments and reflect briefly on the nature of effective policing administration. To properly perform, police require public trust and confidence. A little like ourselves, they are governed by the will of the people. Trust is integral to the effective functioning of that service. Policing is often divided into two models, namely, the constabulary model and the gendarmerie model. The constabulary model, which we have followed, largely has locally rooted officers living among their own communities and policing people with whom they are familiar as they are of the community themselves. It is an unarmed force. This model is integrally linked to confidence in the administration of justice - in justice not only being done but also being seen to be done.

The presumption of innocence is absolutely fundamental to our criminal justice system. The right of silence underpins this because the accused is not required to prove his case. However, 14,700 people have had this denied to them in recent times. In fact, that may only be the tip of the iceberg. We are aware of the 14,700 from the traffic convictions, yet we hear there may be more to emerge across other areas of the force. This lack of openness, transparency and accountability fundamentally undermines the force, the public's trust, and the very protection that the Garda sets out to enforce. It hinders and undermines the hardworking, honest and decent gardaí throughout the country who rely upon public trust and confidence to perform their duties.

The Garda has been vested with many new powers in the past two decades. The Criminal Justice Acts from 2006 to 2009, the Criminal Justice (Surveillance) Act, the Criminal Assets Bureau, CAB, the mini-CAB, and the Offences Against the State Act are continually renewed. These multiple pieces of legislation make powers available to regular policing, what they call ordinary activities, that were once the preserve of the "subversive" area.

However, with all these increased powers comes responsibility. With great power comes great responsibility. We must match this with increased vigilance, monitoring and inspection. We must give GSOC powers akin to those conferred on Revenue, the Garda, the Defence Forces and others. That model, as set out in Deputy Jim O'Callaghan's motion, will increase those powers, increase monitoring and transparency, upgrade training services and place a mechanism of vigilance over the force. This has never been more essential than now in light of what we have heard. I call on the Minister to urgently take into account the motion and its recommendations.

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