Dáil debates

Tuesday, 12 June 2018

Garda Síochána Ombudsman Commission: Motion

 

8:00 pm

Photo of Mattie McGrathMattie McGrath (Tipperary, Independent) | Oireachtas source

I, too, welcome the opportunity to comment briefly on the appointment of a member to GSOC. The current arrangement, in terms of the relationship between An Garda Síochána and GSOC, is not as effective as might be the case. There remain many areas of contention between both organisations. I do not think anybody would dispute that.

In April, Niall O'Connor reported that the president of the Association of Garda Sergeants and Inspectors, AGSI, said that he was concerned that GSOC is inadequately resourced to conduct fair and robust investigations into members of the Garda Síochána. There is nothing worse than a half-baked system of investigation or a half-baked management of a team. GSOC must have the resources and the wherewithal to conduct proper, fair and prudent investigations. I find incredible and somewhat disturbing the findings of the most recent public attitudes research poll commissioned by GSOC which indicate that only eight in ten Irish adults have heard of GSOC and that fewer than half of the members of the population are confident of the ability of the commission to resolve problems. This indicates how much work needs to be done in terms of improving not only the public's understanding of the role of GSOC but also its faith in the mechanism we have established to hold those in positions of authority to account.

For decades, there was no oversight in this area. There was a forerunner to GSOC - the name of it eludes me - which was based in Dublin and to which I made a complaint.

I had no sense of confidence that it had the interest, wherewithal or motivation to carry out proper investigations, and this was ten years ago.

When the chair of the Policing Authority, Ms Josephine Feehily, was before the Joint Committee on Justice and Equality a fortnight ago she referenced some of the challenges facing GSOC in terms of its effectiveness - one might more accurately say its lack of effectiveness. It is worrying that she should say this in this House. She noted that the regulatory architecture governing how GSOC operates was unnecessarily complex and crowded with much duplication. What has gone wrong with our system? I am not saying this is done deliberately but I see it in many areas of governance, where it is so complicated and unwieldy that it is just not effective. Is it lethargy on the part of the people who put institutions together or is it downright carelessness? I would like to think it is downright carelessness but it could be something more sinister. I do not know why the Minister is ag gáire because it is not funny. There seems to be a desire for confusion and muddying the waters instead of clear-cut policies and demarcation lines. This system has developed in the 100 years of our autonomy and independence.

Ms Feehily went on to say "The Garda believes there is too much oversight and accountability but we do not agree." She also said "Our report noted that one of the significant barriers to the effectiveness of the Policing Authority was the challenge of overseeing the performance of an organisation while the head of that organisation is accountable to somebody else, in this case, the Minister for Justice and Equality and the Secretary General of the Department." One cannot serve two masters, in business or any walk of life. We need clear boundary lines for people operating in these areas. She also said:

This has been a barrier to our effectiveness and has created serious confusion in the public mind. In the context of being a regulator, allowing the regulated body to have two places to go leads to a risk of gaps in oversight.

This is true. If we come to a crossroads and take the wrong way, we might still get home but it could be a very scenic route.

This is a good example of the blame game. Members of the Garda are the villains according to this, and the ones who resist oversight and accountability. I am not sure this is how the ordinary rank and file gardaí would see it and I do not accept it. Like Deputy Michael Healy-Rae, I salute An Garda Síochána of all ranks, including the new recruits in Templemore, whom we need but whom we need to arm with the tools of the trade and to support. We cannot have cases such as that of the young boy in Monaghan. He was slaughtered but there was no proper investigation. In another case in Dungarvan, two young men's lives were taken at sea without a proper investigation. I have a meeting with the chief superintendent in Waterford next Monday morning but it is like trying to get a meeting with the Pope. There are always barriers in front of people who seek justice.

No police force can police a country without the support of the public. I give them that support and I have been involved in the community alert scheme since 1998. I salute the ordinary rank and file but we need accountability up the line. I salute the gardaí in Sligo over the weekend, where we had a lot of guests. They did an excellent job and could not have been more courteous and pleasant. Every day and night they put their heads on the line so they need proper lines of communication if they have issues such as with discrimination or bullying. A lot of tidying up is to be done and I do not think changing one board member will do that.

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