Dáil debates

Wednesday, 27 January 2021

Garda Síochána Ombudsman Commission: Motion

 

4:10 pm

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent) | Oireachtas source

I welcome the Minister of State's statement on the outlining of the process to nominate these two commissioners culminating with the President's nomination. Perhaps the Minister of State should look at how Ms Justice Mary Ellen Ring has been on her own for more than a month and that should vacancies arise in the future that it would not happen and that the recruitment process would start earlier.

I have no difficulty with this. I know one name more than another. I have already referred to Emily Logan this morning in her previous role on the Irish Human Rights and Equality Commission and the very strong submission it made to the UN committee in relation to the gaps, so to speak, in Ireland's compliance with our obligations under the social, political and cultural rights on which my colleague, Deputy Pringle, had a Bill before the Dáil this morning.

I also think it is important to point out the background as after a while, one forgets. We are addicted to social media and constantly changing images but it is important to point it out. I am glad to see Deputy Howlin here as he played a very important role leading to the establishment of the Morris Tribunal in April 2002 and the report was finally published in October 2008. That was set up to investigate complaints concerning some gardaí in the Donegal division. By 2018 the cost of that was €68.8 million and rising. I think it is over €70 million now. I am inclined to say the biggest mistake - but I do not know if it was a mistake - was to look on Donegal in isolation, as one county, as though this could not possibly happen in any other county. That was the worst decision made at that time and at huge cost. We have oversight now. There is the Policing Authority, GSOC and the Garda Inspectorate, but it is important to remember how those were really dragged into birth after all that happened among certain segments of the Garda. The Smithwick Tribunal was established in 2005, reporting in 2013, involving the collusion of members of An Garda Síochána or other State employees into the fatal shootings of RUC Chief Superintendent Harry Breen and Superintendent Robert Buchanan and the cost of that is €20 million and rising. The ongoing Charleton Tribunal is investigating protected disclosures made under the Protected Disclosures Act, which has cost millions and is rising. My first introduction to the Dáil was the Higgins Commission. I read the whole report at the time. It was to investigate certain complaints of Garda malpractice in the Cavan Monaghan division. Gradually, costing all these millions, we realised that what was missing was independent oversight of the Garda. Many families have been absolutely destroyed. The gardaí who were honest, straight and hardworking must have been in despair at what was allowed.

We are here today to approve the nominations by the Government. I have no difficulty with them but we have to learn and always remember why we need oversight. I understand the Government will bring legislation before the House to have a separate oversight body which I look forward to. In the meantime, GSOC is under-resourced with Ms Justice Mary Ellen Ring forced to say so publicly. Different Governments have utterly failed to learn. They did in theory and they put an organisation in place but then they failed to resource it. Can the Minister of State tell the House if it is adequately resourced now? Are there staff vacancies? I hope the two new commissioners will take courage and lead, so that if it is not fit for purpose, they tell us as legislators what is needed and tell the Government the budget that is necessary so that we give meaning to words when we talk about an independent oversight body of An Garda Síochána.

I finish by paying tribute to the Garda during Covid. We have had a wonderful picture of what is possible from good community policing on the ground. Exactly what we need in any civilised society is gardaí on the ground, on the beat, who we can trust. However, it will take quite some time before that trust is built up in the structures of An Garda Síochána, not the ordinary gardaí on the ground.

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