James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank the Deputies for their contributions and their generous support for the Government's nominations to GSOC. I note one Deputy's objection to one of the nominations and the particular reasons for that. It is important to note that these appointments came through an independent PAS process.

I would like to take this opportunity to thank the gardaí for their commitment to the community, especially during the Covid-19 crisis. They have provided a phenomenal account of themselves and their commitment to the community.

The appointment of the candidates before the House will ensure that the very important functions of GSOC will continue to be discharged to the highest possible standard. The Government is committed to ensuring that policy in Ireland is subject to the highest principles of governance and independent external oversight. I have every confidence that Mr. Hume and Ms Logan will, in conjunction with the chair, Ms Justice Mary Ellen Ring, deliver the essential leadership to the commission, both in fulfilling its oversight role and in preparing the future reform in Ireland.

Deputies will be aware that the new programme for Government, Our Shared Future, commits to the rapid implementation of the recommendations of the report of the Commission on the Future of Policing in Ireland, COFPI, and to the introduction of the policing and community safety Bill, which will redefine the functions of An Garda Síochána and provide a new governance and oversight framework.

Work is at an advanced stage in my Department on the development of the general scheme of the policing and community safety Bill and the Minister, Deputy McEntee, expects Government approval for the draft scheme very soon. This major legislative project will provide a framework for policing, community safety and security for the coming decades. It seeks to build on previous reforms in 2005, and more recently in 2015, but does so with the benefit of the extensive and intensive consultations, deliberations and recommendations of COFPI, a group of independent national and international experts in diverse fields.

While there have been many reports on aspects of the administration and operation of An Garda Síochána in the past, this was the first comprehensive, future focused inquiry encompassing all functions of An Garda Síochána and police oversight bodies, including GSOC. COFPI took a strategic and objective approach to its task and examined the area afresh. Its final recommendations centred on an overall message on the need for a coherent policing architecture to support effective accountability and, ultimately, a more effective policing service for all.

Reflecting the recommendations of COFPI, the new legislation will identify the prevention of harm to individuals, particularly those who are vulnerable or at risk, as a specific objective of An Garda Síochána. The rationale for this reflects the experience of our gardaí and police elsewhere where the majority of police time is spent on the non-crime related activity of harm prevention, providing services to the people with mental health and addiction conditions, homeless people, children, elderly and others at risk. In the reality of what police do every day, this also supports their broader policing objective of preventing crime and contributing to peace and public safety.

In tandem with this legislation we place an obligation on other public service bodies to co-operate with An Garda Síochána and others to support more effective inter-agency co-operation to make our communities safer. As I said, the legislation will also provide for a new governance and oversight framework to address a key COFPI finding that the current framework has insufficient clarity as to where responsibility lies between the Garda Commissioner, the oversight bodies and the Minister for Justice and has the effect of weakening accountability despite the best efforts of all involved.

Our proposal will seek to ensure strong and efficient internal governance of An Garda Síochána and effective external oversight structures. Specifically, with regard to GSOC, the new legislation will include, as recommended by COFPI, an expanded remit and reform process for the handling of complaints and the conduct of investigations to streamline them and ensure timely resolution by safeguarding due process for all concerned. In addition, as recommended by COFPI, the new legislation will include measures to enforce the independence of the commission and ensure it has the capacity to deliver its expanded remit.

I note the comments by a number of Deputies with regard to the importance of the role the justice committee will play in this and the importance of discussion on the pre-legislative stage to continue to ensure that there is proper oversight. As Deputy Howlin stated, it is critical that the public have absolute confidence in the oversight of An Garda Síochána and any new body that is put in place and that it retains that confidence. As Deputy Catherine Murphy referred to, policing by consent is vital and not only that that culture is retained but reinforced in any future body. We are committed to ensuring that.

With regard to the shooting of George Nkencho, I would like to extend my deepest sympathies to all those impacted by the tragic event in Hartstown and in particular to the Nkencho family. Any fatal shooting is deeply distressing. Such incidents are, thankfully, very rare in Ireland but all are fully and independently investigated. As is the case in every incident involving a member of An Garda Síochána that results in the death of a person, the shooting of Mr. Nkencho is being fully investigated by the independent GSOC, which is chaired by the High Court justice, Ms Mary Ellen Ring. At the same time, gardaí are investigating the incidents at Hartstown Shopping Centre and the events leading up to the shooting. There are well-established protocols in place between GSOC and the gardaí to allow these to run parallel with the separate investigations to take place. As these tragic events are the subject of two separate and independent investigations, it is not appropriate for me to make further comment as I do not wish to pre-empt the outcome of any investigation.

In advance of the introduction of this new legislation the important oversight work of the GSOC must continue. Budget 2021 increased the justice and equality Vote by €56.1 million or 13.4% on the comparative 2020 allocation, bringing the total gross allocation to €474 million. The 2021 allocation provides €11.27 million for the commission.

The Government has nominated two excellent candidates to lead GSOC and I commend the motion to the House.

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