Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

Section 65 of the Garda Síochána Act sets out that there should be three commissioners in GSOC. It also sets out how those commissioners should be appointed. They should be appointed by the President but, before he or she appoints them, two hurdles have to be overcome. First, the individuals have to be nominated by the Government. As the Minister indicated, there is also a requirement that the Government shall satisfy itself that the person has the appropriate experience, qualifications, training or expertise for appointment to GSOC. The second obstacle is that each House of the Oireachtas has to pass resolutions recommending the appointment. That is what we are doing through the motion.

Prior to hearing the Minister's recitation of Mr. O'Sullivan's qualifications, I knew little about the man other than that he had worked in the US Environmental Protection Agency. For the House to fulfil its statutory obligation to make a recommendation that a person is suitable, Members should be given some information in advance as to the qualifications of the individual and his or her suitability, otherwise, the function of the Houses of the Oireachtas in passing resolutions could become meaningless. However, I have had the benefit of listening to the Minister describe Mr. O'Sullivan's qualifications. It appears from what he said that Mr. O'Sullivan is qualified for the position. I note that he applied through the Public Appointments Service. I presume there was a competition. The Minister has indicated Mr. O'Sullivan's experience working for 23 years as a special agent in the Secret Service in the United States.

One of the requirements of section 65 is that a person who has been appointed as a commissioner cannot be, or have been, a member of An Garda Síochána. Mr. O'Sullivan was never a member of An Garda Síochána but he was involved in law enforcement. On one level, that means he can provide expertise that may be of assistance to GSOC but, on another, we need to be careful that we do not allow the body that adjudicates on complaints against members of An Garda Síochána to become too populated by individuals who have worked in what can loosely be referred to as the law enforcement sphere. We will, however, support the motion. Based on the Minister's contribution and the content of the document I have been given, it appears Mr. O'Sullivan is a person whom Fianna Fáil and I are prepared to recommend.

I would like to make some points in respect of the process that the Minister should reflect on. The first is that we have known since 7 November 2017 that there was a vacancy in GSOC.

We were informed on 7 November 2017 that Mr. Toland would be resigning as a commissioner on the basis that he was going to fill a position in the Garda Inspectorate. It is important that in the future we do not leave vacancies on the Garda Síochána Ombudsman Commission for a period of nearly five to six months. I am conscious that a process has to be gone through where individuals are identified but it is incumbent on whoever is in the Department of Justice and Equality to ensure that that process can be expedited. I note in this instance the Government decided that it would use the Public Appointments Service for the purpose of identifying a suitable individual. Nowhere in the legislation is that required, unlike in other legislation in respect of appointments to senior offices in An Garda Síochána. If we are going to use the process of the Public Appointments Service and if there is knowledge that people will be resigning as commissioner, it is incumbent upon us to ensure that the position is filled as expeditiously as possible.

Since this is a motion dealing with the functions and responsibilities of the commissioners in the Garda Síochána Ombudsman Commission, it is appropriate to say a few words in respect of the commission itself. The Minister stated in his contribution that he is aware that the commission is looking for further resources. I welcome that the Minister and the Government have stated that they have given a commitment to provide GSOC with the resources it needs to maintain the very highest standards of policing oversight. However, I heard the Minister say that approximately three months ago. It is incumbent on the Government to ensure that GSOC is provided now with the resources it needs to carry out its statutory function.

As mentioned in the Minister's contribution and as is apparent from recent legislative changes in this area, GSOC is not just responsible for hearing complaints made by members of the public against An Garda Síochána. It also has to adjudicate on protected disclosures made by members of An Garda Síochána. That is a significant body of work. For the public to have confidence in the work being carried out by GSOC, it is imperative that it is properly and adequately resourced. I am concerned, notwithstanding the Minister's commitment, that those resources do not appear to have been provided to GSOC as of yet.

It is relevant that later this evening, in Fianna Fáil's Private Members' time, we will debate a motion seeking the establishment of a commission of investigation in respect of the Garda investigation into the death of a young man called Shane O'Farrell. GSOC produced a report in March 2018 in respect of an investigation by GSOC that went on for a period of six years. We need to reflect seriously on a statutory body such as GSOC which has had to devote six years to the production of a report in respect of complaints made by members of the family of the late Shane O'Farrell.

We will be ignoring an elephant in the room if we do not comment upon the fact that many Members of the Oireachtas, arising from the report into the Shane O'Farrell investigation and other issues, have had their confidence in GSOC dented in recent times. That may be as a result of GSOC's lack of resourcing but when the Commission on the Future of Policing in Ireland reports and when the Government, and Opposition parties, come to reflect on that we will need to ensure that we can re-establish some of the confidence lost in respect of GSOC. We need to ensure also that when members of the public make a complaint against An Garda Síochána, they can be satisfied that the complaint will be investigated thoroughly and quickly and that a report will be produced which provides them with satisfaction. I am not suggesting longer reports are always better than shorter ones but sometimes, reports into very serious issues GSOC is investigating, such as the matters in respect of Shane O'Farrell, do not convey the impression or the meaning that the investigation was carried out thoroughly. That may be unfair to the investigators within GSOC but we would be doing them a disservice if we did not indicate that that is a concern I and other Members of the Oireachtas have in respect of some investigations carried out by GSOC.

We will be supporting the motion. I wish Mr. Sullivan well. I have never met the man but from what the Minister has said about him he seems to have had an interesting life working in the counterfeit division of the Secret Service and also in the presidential protection division. I am sure he could tell us some interesting stories about his functions in those jobs over a period of 23 years. It is an important job. I am not suggesting he applied for it on this basis but it is not a job for somebody who was looking for an easy life or something to retire into. It is a very important job indicated by the fact that one is appointed by the President. We have to ensure that full confidence is re-instilled not just in An Garda Síochána but in the body that investigates An Garda Síochána. I hope Mr. Sullivan will recognise that he, as part of that troika of commissioners, has a responsibility in that regard and I wish him well in seeking to achieve that.

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