Dáil debates

Wednesday, 27 January 2021

Garda Síochána Ombudsman Commission: Motion

 

4:00 pm

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats) | Oireachtas source

I want to note that the two board members, Emily Logan and Hugh Hume, are very experienced people. Hugh Hume has a long track record in policing as a member of the Garda Inspectorate since 2017 and, prior to that, he was a long-term member of the PSNI at a very senior level. Emily Logan brings a huge level of experience from her background in human rights, having been the chief commissioner of the Irish Human Rights and Equality Commission. I wish them well in their work and note that this has come through the PAS system. I echo that this gives a degree of confidence in how the process works.

It is always worth remembering that policing occurs in a social and economic context. GSOC is an important part of the current regulatory framework within the criminal justice system. It is important and right that there should be a healthy tension between GSOC and the Garda but I think it is more than that, which is why changes need to be made so it is not more than a healthy tension and that both work effectively, whatever way it changes in the future.

I can recall the debate 16 years ago before GSOC was established. There was quite a lot of resistance, particularly within the force, and there was a lot of public criticism about guards investigating guards. We can see that, in those years, this was an important aspect but it can only be an important aspect if GSOC is allowed to function correctly and if there are the resources to do the work and the investigations in a timely way. That is important from the point of view of public confidence, and confidence within both organisations as well..

Policing by consent is very important. There are different policing models around the world but there is a high degree of confidence in the Garda by virtue of that culture. It is not that there have not been problems because, clearly, there have been, but that is a culture we need to reinforce.

Other work is carried out by GSOC, including in regard to misconduct by members of the Garda and there is also the question of acting in a timely manner. I echo what Deputy Howlin said in regard to the importance of communication so people do not feel they cannot have ongoing information, where they have a very direct involvement, and that includes gardaí themselves where they are subject to investigation. The most recent case with George Nkencho is a case in point, and the public and a particular community are very much looking at how that will be handled.

I was very pleased that GSOC signed up to the Brussels declaration in December last year as a member of the Network of European Integrity and Whistleblowing Authorities. We could not say we have excelled in that particular area, irrespective of which sector is involved, and a lot more work needs to happen. In regard to the Garda authorities specifically, it is important that has happened.

There are significant issues in regard to resourcing, whether in respect of investigations, training or otherwise, but certainly in respect of staffing. The delays in completing investigations undermine the role of the organisation and will do so into the future.

Given the changed role of policing in the context of Covid-19, we need to ensure the consensual nature of policing in Ireland is maintained at a time of great change. There have been areas where we can be complimentary of the Garda. However, GSOC has an important role in investigating any possible misconduct at a time when the role of policing in Ireland has been changed by the extraordinary circumstances we find ourselves in.

I wish the two new appointees well in their role into the future.

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