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

I move amendment No. 2:

To delete all words after "Dáil Éireann" and substitute the following:

“recognises that:- the recent controversies surrounding An Garda Síochána are of the utmost seriousness and go to the heart of policing in the State;

- it is essential that the Government, this House and all our citizens can trust members of An Garda Síochána to carry out their duties fairly, impartially and in accordance with the law;

- while members of An Garda Síochána continue to perform very good work and put their lives at risk on a daily basis keeping communities safe and protecting the security of the State in the face of major challenges, including the threats from organised crime, subversion and international terrorism, deep-seated organisational problems which have not been properly addressed over a number of decades, such as those exemplified in the recent report by Mr. Justice Fennelly, must be urgently and fully addressed;

- in particular, there is understandable public concern arising from recent very serious issues about the administration by An Garda Síochána of mandatory alcohol testing and fixed charge notices;

- the most effective way of addressing issues of concern which have arisen is to ensure that the issues in relation to road traffic matters are comprehensively and independently assessed, a major programme of reform is completed as quickly as possible and there is a fundamental review of the future of policing in Ireland;

- the resolution of the serious issues facing An Garda Síochána cannot be achieved by measures which undermine the effectiveness of An Garda Síochána in protecting the community;

- robust and independent oversight of policing is essential to the delivery of policing service in the 21st century and that the Oireachtas enacted the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act in 2015 and that the independent Policing Authority was established on 1st January 2016;

- at the heart of the establishment of the Policing Authority was a desire, on the part of the Oireachtas, to remove politics from policing to the extent possible consistent with the Constitution of Ireland and that nothing said or done in this House should detract from the work of the Policing Authority, undermine its independence in doing that work or to politicise An Garda Síochána; and

- there is a legal framework of accountability in which public servants perform their duties and it would be a dangerous precedent for this House to target individual public servants, by way of resolution, in a departure from that framework;notes that:- the Policing Authority is chaired by the former Chairman of the Revenue Commissioners and that the other eight members of the Policing Authority were appointed by the Government on the recommendation of the Public Appointments Service which had invited applications for membership of the Policing Authority;

- the nine members of the Policing Authority are persons who independently bring a range of valuable experience and expertise to bear on the work of the Policing Authority and that even though the Policing Authority has only been in existence for 15 months, it has in that time established itself as a robust and independent oversight body;

- the House should support the Policing Authority fully in its very important work; and

- the Policing Authority has specific statutory responsibilities, including in relation to the appointments to the higher ranks of An Garda Síochána and continuation of persons in office, the exercise of which must not be interfered with or improperly influenced in any way;supports:- the request made by the Tánaiste and Minister for Justice and Equality to the Policing Authority under the Garda Síochána Act 2005 to report on recent road traffic issues and the fact that an investigation will be conducted by the Policing Authority with the assistance of external expertise which will examine all issues arising, addressing, to the greatest extent possible, the reasons why the issues have arisen, the incidence and scale of the issues and the solutions implemented to ensure there is no reoccurrence;

- the strengthening of Garda management capacity by the early appointment of three additional civilian leaders to the senior management team, executive director – strategy and transformation, executive director – legal and compliance and a chief information officer;

- the completion as soon as possible by the Garda Inspectorate of an examination, at the request of the Tánaiste and Minister for Justice and Equality, of entry routes to An Garda Síochána from other police services and the opening up of promotion opportunities within An Garda Síochána to non-Garda personnel, whether policing professional or otherwise;

- the completion, under the oversight of the Policing Authority, of the urgent implementation of extensive reforms to the administration of, and operation of, An Garda Síochána under the Garda Síochána modernisation and renewal programme, 2016 to 2021, incorporating recommendations of the Garda Inspectorate report, Changing Policing in Ireland;

- the specific monitoring and assessing by the Policing Authority of the implementation of recommendations of the Garda Inspectorate report, Changing Policing in Ireland, and the Policing Authority reporting to the Tánaiste and Minister for Justice and Equality quarterly on this matter, who will publish these reports;

- the cultural audit of An Garda Síochána which will commence shortly;

- the provision of any additional resources to the Policing Authority which may be necessary to ensure it is able to carry out its work effectively, including a review of the legislation governing its operation which is due to be undertaken this year under the terms of the Garda Síochána Act 2005; and

- the intention to implement in full the recommendations made by Mr. Justice Fennelly in his recent report;agrees that, notwithstanding the significant programme of reform that is already underway and the central role of the Policing Authority in overseeing the implementation of that programme, the time is right to undertake a "root and branch" review of all aspects of policing in Ireland;

and further notes that:- the Government agreed at its meeting on 11th April 2017 to establish a commission on the future of policing in Ireland and to circulate the draft terms of reference to other parties;

- the commission’s draft terms of reference, while subject to further consultation, are intended to be comprehensive and provide for a thorough review of all aspects of policing including appropriate accountability mechanisms, with a view to resolving policing issues outside the realm of political controversy;

- the draft terms of reference will address:

- structures, leadership and management arrangements required for the most effective delivery of policing, including all functions currently carried out by An Garda Síochána – community safety, security and immigration;

- appropriate composition, recruitment and training of personnel;

- culture and ethos of policing;

- appropriate structures for oversight and accountability, including all oversight bodies, the Department of Justice and Equality and the Government:;

and

- the legislative framework for policing;

- the draft terms of reference will take account of:

- existing and emerging issues identified as key challenges for Ireland’s model of policing;

- best practices in the policing models of other countries focused towards greater effectiveness and efficiency, and fostering public confidence in policing;

- previous reports concerning policing in Ireland; and

- any specific challenge to delivering consistent structural and cultural reform in policing;

- once this consultation process has been completed, the Tánaiste and Minister for Justice and Equality will revert to the Government with proposals for the establishment of the commission and draft terms of reference; and

- the establishment of the Commission on the Future of Policing in Ireland should not delay or detract from the implementation of the ambitious programme of reform under way which should continue unimpeded.”

We are at a crucial time in determining the future of policing. I would not for a moment seek to underestimate the seriousness of the issues that have arisen recently relating to fixed charge notices and mandatory alcohol tests. What emerged was as unacceptable as it was disturbing. I do not think much divides Deputy Jim O'Callaghan and I, or other Deputies, on our assessment.

Last week, we had the report by Mr. Justice Fennelly. This showed, if we needed to be shown once again, that over the decades organisational problems have accumulated in An Garda Síochána that have not been fully addressed. The great respect which we have – some Deputies have already commented on this - for the work that members of An Garda Síochána do, sometimes at great personal cost, cannot blind us to the need for profound and lasting change in the way An Garda Síochána does its work.

Trust in the police force has been shaken. The men and women who protect us every day from burglars, criminal gangs and the threat of terrorism have been undermined by the events of recent weeks. The roots of these events can be traced back many years.

With hindsight, I suspect that down through the years, as long as the Garda was relatively successful in keeping the community safe and protecting our security, all Governments were slow to recognise the problems that accumulated, as the nettle of necessary reform was not grasped.

Since my appointment as Minister for Justice and Equality I have initiated a programme of fundamental reform of An Garda Síochána. The programme is addressing many of the problems. However, I accept that the recent issues highlight the need for us to go further, while relentlessly driving the programme of change that is already in place. Many Deputies have spoken to me about the necessity of doing that. There is an array of competing motions and amendments before the House. The amendment sets out a clear, coherent and comprehensive approach to the issues that must be addressed.

We need to fully and independently investigate all aspects of what happened in respect of fixed charge notices and mandatory alcohol tests. Deputy Jim O'Callaghan has adverted to this. At my request, the Policing Authority is doing precisely this. The authority will use outside professional expertise to help discharge this task, as I have provided for in the legislation underpinning the Policing Authority. The authority will also examine the measures that need to be taken to ensure this does not happen again.

The capacity of senior management within An Garda Síochána clearly needs to be strengthened. In the short term, three civilian senior managers are being recruited to the Garda leadership team. These include an executive director of strategy and transformation, an executive director of legal and compliance and a chief information officer.

The Garda Inspectorate will report to me later this year on how we can open up recruitment in An Garda Síochána to officers from other police services and to people with other relevant experience. We would be foolish in response to different controversies to constantly deviate from the path of reform already laid out. We need to ensure existing plans for change are carried through fully. One crucial aspect to these changes is the Garda Síochána modernisation and renewal programme 2016 to 2021. This reflects the recommendations in the Garda Inspectorate report on changing policing in Ireland. Many Deputies have referred to the report in recent days.

The Policing Authority clearly has a crucial role in overseeing all of these reforms. I have asked Josephine Feehily, the reputable chairperson of the authority, to report to me every quarter on the implementation of that seminal inspectorate report. I intend to publish those reports. I expect the second report shortly.

I attach particular significance to a cultural audit of An Garda Síochána to be overseen by the Policing Authority. Culture is a problem grappled with in policing worldwide. We know that laws of themselves do not change culture. Public trust is earned by professionalism, high standards, honesty and openness. Such a culture needs to take hold. These are the types of issues that need to be addressed as part of the cultural audit and in other work I am proposing.

All these changes, when carried through, will greatly improve the capacity of An Garda Síochána to be the police service its members and the community deserve. In the Government's view, this is not enough.

Without inhibiting in any way the changes I have outlined, the time has come for a root and branch review of policing in Ireland for the future. Today, the Government agreed draft terms of reference for a commission on the future of policing in Ireland which I have published. I thank Members who met me last week to discuss the proposed terms of reference. They provide for a thorough review of all aspects of policing in Ireland, including the structures, leadership, management, composition, recruitment and training of personnel, as well as the culture and ethos of policing. They also account for all aspects of oversight and accountability. Many have referred to the variety of bodies relating to accountability at present. I want this to be examined. The exercise will include the role of the Department of Justice and Equality and the Government. Clearly, in a constitutional sense there is a clear role for the Government in respect of policing and security and this needs to be examined.

People want An Garda Síochána to succeed. In fact, they need An Garda Síochána to succeed. A well functioning police service, trusted by the people, is a cornerstone of any democracy worthy of the name. As the democratically-elected representatives of the people, all Members must work to make An Garda Síochána succeed. Politicising the issues and jockeying for position will not help. Personalising the issues and acting as if deep-seated problems can be changed by constant changing of personnel will not help. Populism parading as reform will not help either.

In fairness to Deputy Jim O'Callaghan and some others here, I have no issue with much of what is in the Fianna Fáil motion. I very much recognise the concerns which he has expressed. However, I believe he is in danger of overlooking one fundamental point. The House established a Policing Authority to independently oversee An Garda Síochána and take politics out of policing. Political interference in our police force throughout the history of the State has damaged An Garda Síochána. The Deputy wants to increase the powers available to the authority. That is something I have no problem with in principle. However, it is difficult to square that with his apparent unwillingness to let a body, independent by law, get on with its job.

The position of the Government relating to confidence in the Garda Commissioner remains unchanged. It is worth bearing in mind that the Policing Authority already has the power to recommend to the Government the removal of certain Garda officers from their posts, including the Garda Commissioner, something that I built into the legislation I introduced previously. However inadvertently, I believe that the attempt in the motion to move the authority in that direction could interfere with its independence. Moreover, the legal advice available to me is that there is no statutory mechanism for the Government to make a request to the Policing Authority of the kind referred to in the motion. The making of such a request could prejudice any later formal recommendation by the authority. The Policing Authority should be allowed to carry out its work without interference or hindrance.

I imagine every Member would agree that it takes courage to be a member of An Garda Síochána. We might think of the courage required when a gun is produced or a knife is raised. However, courage is required in other areas as well. Such courage includes the courage to say "No" if the instruction is wrong. It includes the courage to cry "Halt" to a practice that may have been going on forever but that should stop immediately. It also includes the courage to embrace and contribute to reform at all levels.

It would be good to see that courage to embrace and contribute to reforms being emphasised at all levels. That is part of the courage that is required to be a member of An Garda Síochána, on which I believe we can all agree. It is against that background that I commend the counter motion to the House.

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