Michael Harty (Clare, Independent) | Oireachtas source

I do not believe that the removal from office of the Garda Commissioner would be in the best interests of An Garda Síochána. The Dáil has no function in this matter, although, it may debate it. The removal of the Commissioner in the current circumstances would be unhelpful and futile, and would do more harm than good.

The shortcomings of An Garda Síochána are well documented and quite extraordinary. The wrongful recording of over 900,000 alcohol breath tests and the wrongful prosecution of 14,700 people due to Garda error are quite unbelievable. The Commissioner has indicated that other matters may come out in the open in the future. Public confidence in An Garda Síochána has been substantially diminished, which is regrettable, but is the Commissioner responsible for these actions? I do not think so. Management of An Garda Síochána must be strengthened and governance and oversight must be drastically improved. The rank and file members of An Garda Síochána in the community are still highly respected by the people and for the most part, have a very good relationship with the community. The Commissioner should be held to account for activities within An Garda Síochána and if she is found to be unsuitable to hold that office, she should be removed by either the Government or the Policing Authority. However, removing the Commissioner without sound reasons would be incorrect and facile and would not solve the problems that are bedevilling the force. The Commissioner should be allowed to oversee the essential structural and managerial reform issues affecting An Garda Síochána. Removing her will not solve the problem.

The Sinn Fein motion notes the establishment of the tribunal of inquiry into the treatment of whistleblowers and their open disclosures made under the Protected Disclosures Act 2014, which will be chaired by Mr. Justice Peter Charleton and which is under way. This is right and proper in respect of examining the Commissioner's involvement in these issues. This tribunal is under way and will report in due course, and should be allowed to do so. The Government and the Policing Authority should await the Charleton report before making a judgement on the Commissioner in the context of this issue.

Garda Síochána management and reporting structures need to be reviewed immediately in order to ensure robust transparency and answerability and to restore public confidence. I welcome the Government's decision to establish a commission on the future of policing and to publish draft terms of reference. These should examine structures, leadership, management, composition, recruitment, training of personnel and the culture and ethos of the police force. I see a lot of merit in strengthening the powers of the Policing Authority. This body should oversee the management and governance of the force. Identification of wrongdoing within An Garda Síochána should be fully investigated by an independent and impartial body and I await with great interest the commission's findings in this regard. Finally the Policing Authority, strengthened and given proper governance mechanisms, should be the body to have oversight of the force and make decisions on the suitability of Garda management and the Commissioner.

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