Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

To be honest, I am not going to get hung up on that point. Whether it is the second-lowest or the lowest, public confidence is low. If the Minister can think of a time when it was lower, then he can instance it. It is the case that public confidence in An Garda Síochána is very low. To be honest, I think the Minister is being pedantic.

There is no doubt that the vast majority of gardaí are held in high regard by the public and are committed and dedicated public servants. What they have had to endure during much of this controversy is a cause of considerable frustration to each member.

When Garda representatives were before the committee recently, I made the point that I have seen the value of good policing at first hand . I have seen the impact that good-quality gardaí, especially in the community policing mould, have made to my community. They have made a substantial difference to the progress of the community in which I grew up. I can instance people that I know now who are walking the streets and doing full-time work but who could otherwise have been in prison but for the work of good community gardaí. Unfortunately, that project and vision has been neglected in recent years. I regret to say that I have also seen instances of poor policing and policing that has undermined public confidence in the locality in which I grew up.

It is vital that the Government realises the opportunity to begin the process of restoring confidence in An Garda Síochána. The process must involve the right person being nominated and appointed to the position of Garda Commissioner. It is our view that the person should come from outside the jurisdiction. It would be very difficult for any person who is currently in the force to do the role in the current situation. Furthermore, we believe that the Policing Authority must be empowered to recruit a commissioner and to recommend the removal of a commissioner. Ultimately, we need a government that is not prepared to stand over major controversies, one that is committed to proper reform of An Garda Síochána.

It was telling that only a few weeks ago the chair of the Policing Authority, Josephine Feehily, effectively said it was apparently easier for gardaí to give false information than tell the truth in respect of the issue of the breath tests. This indicates an unhealthy culture and reveals that, whether direct or indirect, there was certainly pressure regarding the falsification of breath tests.

It has long been our view that there was a need for a body along the lines of the Policing Authority. We proposed the introduction of a Garda authority in 2014. We have long proposed a process similar to that which unfolded in the North with Patten was required here. Some of the steps that are necessary have been undertaken following political pressure from all sides of the House, and that is welcome. Although the Policing Authority that exists is not everything I would like it to be, I am of the view that it is making a contribution at this point. There is no doubt that it needs more powers. Perhaps it was not said explicitly, but it was certainly implied from Josephine Feehily's remarks at the justice committee that she believed that the authority was likely to request additional powers.

The Bill includes several of these additional powers. The point has been made that this is pre-empting a process. The Garda has stated that the force is undertaking reforms and pursuing reforms proposed under the Garda Inspectorate report. The recommendations contained in that report need to be implemented. The outstanding provisions of recent legislation that have yet to be enacted certainly need to be progressed. There is no question but that everyone is of the view that Garda reform needs to continue. We do not need to wait until the Commission on the Future of Policing in Ireland has finished its work. The pace of reform has to continue. That is likely to be flagged by the request of the Policing Authority for more powers. Therefore, I do not believe that this is pre-empting anything or out of place in any way.

There is a need for additional powers not only for the Policing Authority but also for various other bodies. This includes having responsibility for determining the priorities of An Garda Síochána and working with the Garda Commissioner in the preparation of annual policing plans. The authority should consult local communities and obtain their views and experience of policing and joint policing committees. We also believe that the power and scope of the joint policing committees need to be expanded considerably. The committees should have powers far closer in nature to those of the district policing and community safety partnerships in the North.

The authority should be empowered to conduct its functions without requiring the consent of the Minister. It should hold the Garda Commissioner to account and the Commissioner should keep the authority fully briefed on relevant matters. The authority should have full independent capacity regarding the appointments of the Garda Commissioner, deputy commissioners and assistant commissioners following open competition based on best practice in recruitment. It should also have the independent power to remove these senior officers and should be empowered to deal with complaints against them and discipline them.

I have a slight reservation regarding section 3 and the proposal to apply the provisions of the section to all ranks. However, I have an open mind on the issue and I am willing to listen to argument on Committee Stage. As I indicated, Sinn Féin will support Second Stage of the Bill. I fear the provisions of section 3 could result in the Policing Authority being clogged up with cases and consume time that could be better spent on oversight. I draw a distinction between senior ranks and other ranks of the Garda because the former have significant influence over the culture of the institution. I recognise, however, that the threshold in the section is set relatively high. A balance needs to be struck in this regard and I am open to further exploring the proposal.

On section 4, the supervisory powers provided in respect of policies and procedures are welcome. I also welcome section 5 and the proposal to give the Garda Inspectorate powers to enter, inspect and review any Garda Síochána station or premises without prior notification to any member of the Garda. Sinn Féin also supports giving a similar power to the Garda Síochána Ombudsman Commission. The strength and powers of GSOC are characterised by failings and weaknesses. While we need to return to this issue, GSOC requires the power provided to the Garda Inspectorate if it is to adequately pursue its functions and responsibilities. Sinn Féin will include a number of recommendations in its submission to the Commission on the Future of Policing.

The Minister referred to the proposal to confer on the Policing Authority powers in respect of security, an area in which it does not have powers. This issue needs to be examined by the Commission on the Future of Policing. Many of the problems in the RUC arose because there was a force within a force. The artificial distinction sometimes created between policing and security has the potential to create a similar dynamic. For this reason, it is essential that the oversight and interrogation role of an oversight body such as the Policing Authority encompasses all matters relating to policing, including security matters.

The legislation and other additional powers for the Policing Authority, which the authority is likely to seek in any event, are required to ensure full faith is restored in the police service and we have a service that is accountable, representative of the community it serves and enjoys the confidence of the general public. Sinn Féin will, therefore, support this legislation as it proposes to give additional powers to the Policing Authority.

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