Dáil debates

Wednesday, 22 September 2021

Garda Siochana (Functions and Operational Areas) Bill 2021: Second Stage

 

4:00 pm

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

Obviously, this new operational model for An Garda Síochána is a very big restructuring and modernisation for the force. Modernisation is sorely needed, and an increased focus on integrated community policing is incredibly welcome. The removal of Garda districts under the divisional model is done with the understanding that it will allow for a more efficient distribution of human resources and will allow for greater specialisation within the force. I have had several experiences of this over my political lifetime so while I am hopeful, I am also sceptical. The Garda administrative boundaries for Kildare have changed a number of times. On one occasion, Kildare was under three different divisions. Then we had the one-county divisional model. Now we are to be amalgamated with Laois and Offaly in a single division. The headquarters for this division will be located in Portlaoise. I want to note for the Official Report that in 2016 the population of Laois was 84,000, the population of Offaly was 77,000 and the population of Kildare was 222,000 and growing rapidly. I would like to know why the larger centre of population was not the location selected for the headquarters building and what criteria were used. It is only natural that people who are further away from the Garda headquarters have concerns over the allocation of resources in their local communities. More than one in five Garda divisions had fewer gardaí at the end of 2020 than they had at the start of the year despite an overall increase in the total numbers in the force. For reflective policing, we need the right amount of resources in the right areas. The allocation of resources within the Garda needs to be done in an evidence-based manner. The Garda Síochána has stated that the allocation of resources is currently based on a number of factors including population, crime trends, operational strategies, and the policing needs of an individual Garda division. The use of crime statistics to allocate resources on the face of it would seem logical, but the CSO puts the Garda PULSE system as "under reservation" because the quality of the data does not meet the standards required for official statistics. This makes it very difficult to compile data on crime trends. It is absolutely essential that this matter is resolved in order that we can be confident in the crime statistics and in how resources are allocated.

Policing plans have been done over the years. I have watched what happened before and after a census. It is a copy-and-paste job. The plans do not change even if there are big shifts in population. I have gone on about this for years, if not decades. Under the operational model, who exactly is responsible for the collection and centralisation of the data? It must be done in a professional manner. IT systems need to be in place everywhere and training needs to be given to ensure that information is inputted promptly and correctly. The days of paper records should be behind us. We must be able to rely on accurate information if there is going to be a fair distribution of resources.

I have carried out an analysis, which I do every few years, in respect of Garda resources. It looks at where community policing is, where other resources are such as cars, and where are other ancillary aspects of resources placed. It was interesting that Deputy Ó Laoghaire had made the same point. Consistently we found that just because an area has a growth in population it does not mean that an area gets the resources to go with that.

It is no surprise that the big growth over the past 20 years has been in an arc around Fingal, Meath and Kildare. It is no big surprise that counties Meath and Kildare are the two lowest in terms of Garda strength. I am very hopeful that the Minister for Justice, Deputy McEntee, who represents one of the constituencies, will take that into account. Indeed, the Minister who is currently in the position, Deputy Humphreys, is from an area that has been growing in recent years. County Meath has the lowest ratio of gardaí to population followed by Kildare. That has consistently been the case. We are getting a growth in population but not a comparable growth in facilities and services. I have been talking about that for decades, a fact of which the Ceann Comhairle will be aware.

Over the past two decades, Ireland's population has grown by more than 31%, primarily within urban centres and commuter areas, and it is forecast to increase to between 5.3 million and 5.8 million by 2036.The growth in population will seriously affect the demand on policing services. It is vital at the Garda Síochána can meet the rising demand for services. In order to do so, it must have the necessary tools to identify and predict demand for services as well as having the appropriate resources, staffing and structures to address the demand.

As it stands, the distribution of gardaí across divisions is extremely unbalanced, particularly in the greater Dublin area, as I have highlighted. I have drawn attention to counties Meath and Kildare, which have experienced the highest rate of population growth over the past 20 years, rising by 78% and 65%, respectively. This growth has been clear and consistent in the CSO data, yet it has not been met with an adequate increase in Garda resources, and, indeed, other resources in terms of the counties now ranking lowest in the number of gardaí per person despite repeated recommendations and reports that there is no evidence-based resource allocation method used by An Garda Síochána. That has been quite obvious to the Policing Authority as well.

This can have a bearing on the under-detection of particular crimes. It can also put gardaí at risk. I have come across gardaí who have been put in harm's way by virtue of the fact that they are so stretched, they respond to an incident on their own. I am certainly aware of situations where they have been lucky not to end up in some difficulty as a consequence of that. There is, therefore, a problem on several levels here.

The Garda Síochána Inspectorate made such a recommendation in 2009 but its 2018 Policing with Local Communities report found that the service is still lacking the ability to determine the staffing and resources needs for each division. It found that due to low staffing levels, there were often insufficient gardaí on duty to deal with the needs of their local communities. This was most prominent in rural communities. The restructuring of the Garda will have many benefits. It is important that it does not infringe on the connection of the gardaí to their local communities, however. While the Garda has committed to the community policing model repeatedly over the years, the community police force has not yet recovered from the crash when we saw the numbers of community policing units slashed. Every organisation and stakeholder involved in Irish policing will stress that community policing must be at the very centre of the ethos of An Garda Síochána. It is vital that the numbers of community police are restored to their 2010 levels as a matter of urgency.

Since 2010, Dublin alone has experienced a 39.4% reduction in community policing levels, dropping from 508 officers in 2010 to 308 in 2021. Of the current 28 divisions, 22 still have not recovered from the staffing levels set in 2010. Ten of these divisions remain at 50% or less of the necessary capacity. Eight of the ten divisions with the lowest numbers of community gardaí are located in the top ten counties for population growth. Meath, Kildare, Wicklow, Wexford, Galway, Westmeath and Laois-Offaly are included in that group of ten counties. This indicates once again a clear lack of evidence-based resourcing of staff, and some of the most populous areas in the country are lacking an adequately resourced community policing unit. To provide effective community-based policing, it is essential that An Garda Síochána matches demand for services with the right skills and resources. Public confidence in policing is essential and this is linked to the viability and accessibility of gardaí.

On a positive note, there is a high degree of trust within the general population for the gardaí. The latest Garda public attitudes survey reported 91% of respondents had medium to high levels of trust in the Garda. The majority reported dissatisfaction with the degree of Garda presence in their local communities, however, and only 39% were aware of Garda patrols in their area. The main reasons provided for dissatisfaction were that the gardaí were seen rarely, if ever, according to 65% of respondents, or that they were only ever seen in their cars. That will all always be the case in some areas. In remote areas one can understand that. This demonstrates a clear need for increased Garda visibility by increasing foot and cycle patrols, and, moreover, for an intelligence-based approach to the overall policing strategy.

It has been stated a number of times in this House but bears repeating that the figures from earlier this year have shown that half of all the Covid-19 fines administered in Dublin were given out in the Ballymun and Blanchardstown districts, compared with much lower numbers in the suburbs or in south Dublin. Community policing goes beyond the number of gardaí in the community. It is a relationship between the two, and this relationship does not and cannot function if the attitude is adversarial. The benefits of the community policing model we are seeking to achieve with this reorganisation fall away completely when the relationship turns sour. It is really important that we pay attention to that.

We will see many front-line gardaí under this new operational model, which is sorely needed and very welcome. Plenty of promotions will be occurring as labour is redirected and superintendents are given more responsibility in their divisions. There have been some contradictory announcements in the press and in the context of the proposed legislation as to what exactly governs and who exactly is managing the promotion of gardaí. The Irish Times published a report which stated that the Public Appointments Service is set to take over the management of promotions to the positions of sergeant and inspector, which is a welcome move towards a more transparent and fair process that will be in line with the rest of the Civil Service. In the general scheme of the policing, security and community safety Bill, however, it is stated that the Garda Commissioner will have direct responsibility for the appointment of superintendents, inspectors and sergeants. Appointments to the rank of superintendent and above currently come under the remit of the Policing Authority. It would be useful if the Minister of State would clarify exactly how that will be managed. Some of these positions are very important. The rank of sergeant is incredibly important. That is the organisational level beyond which, for example, the community gardaí will be assigned work. It is really important in the context of the Bill before us.

With the decentralisation of the force under the new divisional model, it is vital that we ensure the promotion of gardaí is done in a modern, fair and transparent way. Last December, 50 Garda inspectors were appointed without going through the normal competition approach. This was bypassed due to an urgent need for sergeants and inspectors but it cannot become the standard process whenever a need for gardaí of a certain rank becomes apparent. That had been a pent-up process. I kept asking when certain ranks were going to be filled and then we found out that they bypassed the normal route. I know last year was very different and I acknowledge that.

Given the significant role senior officers have in implementing this new operational model, the pay dispute with Garda superintendents and chief superintendents is very concerning. Without the co-operation of senior officers, I find it hard to see how this reform will be possible. The pay dispute relates to a 25% increase in the availability allowances for being available outside of office hours. The senior officers are refusing to work outside of their main duties in protest at the non-payment of this increase.

It is incredibly concerning that the pay dispute is impacting ongoing GSOC investigations, as senior officers are refusing to conduct these investigations, some of which are pretty serious. It is not that there is any case which will not be serious, but some would be put on the higher end. This dispute is ongoing and both sides are engaged in talks with the Workplace Relations Commission, WRC. Can the Minister of State clarify the situation and the impact on the rollout of the new operational model on current GSOC investigations?

Reform of the Garda is vital. Significant legislation is making its way through the Minister's Department on this topic and reform has been the subject of many reports and commissions, over the years. The Garda Commissioner, Drew Harris, was appointed as a reforming commissioner. It is therefore concerning to hear the Policing Authority express doubts as to the Garda's ability to reform. The authority identified some serious strategic shortcomings, which meant specialist units were hamstrung in their efforts to respond to cyber and economic crime. We were debating the corporate enforcement authority Bill yesterday, to which gardaí will have to be seconded. I have my doubts about whether that is the right way to go. Gardaí should be embedded there.

The Policing Authority has been waiting on a strategic workforce plan since 2019, which would identify where skills were needed and when those skills would arise. How exactly will we have this major reorganisation of the force without that basic information? I would have thought that would have come first. The authority also identified a lack of capacity, leadership, direction and prioritisation with regard to training, with a long-standing vacancy in the position of learning and development director. Other concerns identified included significant delays in the Garda's response to requests for information, which hampers the Policing Authority and its ability to do its job.

The Policing Authority believes it has built up a good relationship with the Garda's senior members and staff over the past few years and that the gardaí are increasingly accepting the oversight. However, concerns were raised over the authority's relationship with frontline gardaí and middle-management grades. Given that we are about to have many more rank and file gardaí and middle management, under this operational model, this should be concerning for all of us. Oversight of the gardaí is vital and not optional. A good working relationship between the Policing Authority and the gardaí is incredibly important but, according to the Policing Authority's report, there seems to be an endless number of obstacles put in their way. This is really serious, when we all accept there is a need for a reformed force. We need a transparent and accountable culture, at the heart of which is community policing.

I am hopeful, but sceptical, of this delivering a fair distribution of resources. There is not only one metric. Population should not be the only one. Different areas have different challenges, but you cannot ignore population. I cannot see any evidence and it has been accepted at committees, including the Committee of Public Accounts, in front of which the previous Garda Commissioner has been and accepted the arguments I made on the allocation of resources and accepted that parts of the country, including Kildare and Meath, are put at a major disadvantage because of their significant population growth, but do not get the comparable growth when it comes to facilities and services and An Garda Síochána personnel. That is an absolute must. The community policing aspect of this cannot work without the allocation of resources to do so. I hope some serious attention is paid to that aspect.

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