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

The debate is about the appointment of the new chairperson of GSOC. Like Deputy Howlin, I do not know Judge Rory MacCabe but wish him well in his new role.

There is a lot of work to be done to realise the full potential of GSOC. Indeed, we will be talking about some changes in the new year. GSOC was not resourced properly from the get-go. We repeatedly hear that. GSOC does not have the resources to investigate all the complaints it receives and to do so in a timely way. That has repeatedly been brought to our attention.

GSOC receives around 2,000 complaints per year, involving some 5,000 allegations predominantly related to the abuse of authority, assault, neglect of duty and discourtesy. Despite the original intention to form an independent ombudsman for the Garda, not all GSOC investigations are independent. Aside from those that relate to some kind of criminal allegation, large numbers of complaints are passed back to the Garda. In fact, the Commission on the Future of Policing in Ireland revealed that many people believed GSOC was part of An Garda Síochána. It is quite sobering that this is the understanding of the public, or a large number of members of the public. Given that in 2020, 42% of the GSOC allegations about the Garda were conducted by gardaí, this belief is closer to the truth than many of us would like.

In many cases, the Garda is investigating serious complaints against itself. It is completely unsatisfactory to the complainants and also harms the integrity of An Garda Síochána. When GSOC was being set up in the first instance, there was a very hot public debate and considerable resistance to setting up any kind of independent body to investigate the Garda.

It is for the good of both the public and the Garda that there should be that oversight. A system of reform and accountability will help rather than hinder a police force. None of this is to say the Garda should not play a role in dealing with complaints. Of course they should. Some of the complaints come from almost a customer service point of view, with gardaí deemed to have been impolite. Of course that is the kind of thing that must go back to the Garda. One of the most common complaints about GSOC is the length of time it takes to complete investigations. Obviously, that has an effect on the complainants, who have their cases dragged out for long periods, but it also negatively impacts those who are under investigation on the other side, so it is unsatisfactory to both sides for that to be the case.

GSOC has repeatedly raised concerns about the lack of Garda co-operation with investigations. The outgoing chair of GSOC, Ms Justice Mary Ellen Ring, stated that the body had no teeth to act when there was no Garda co-operation or when the Garda was slow to provide GSOC with information. In GSOC's 2020 report it complained of being left in the dark by Garda management. The under-resourcing and slowdown of compliance with investigations hurts everyone. It has got worse recently because of what could only be described as an unofficial strike or, if you like, a work to rule on the part of the Association of Garda Chief Superintendents and the Association of Garda Superintendents since 5 July. Their members have decided to undertake core duties only. They have deemed GSOC investigations to be outside of their core duties. I have to disagree with them because I believe that upholding the integrity of the Garda is a fundamental core duty of theirs. I remember their attitude when the blue flu issue arose. This is the issue in converse and it has to be dealt with. That this has gone on since last July has to be a major cause for concern. It needs to be resolved quickly.

In the few minutes left, I wish to share some of the concerns that have been raised about the case of Shane O'Farrell. Having met the family, specifically Lucia O'Farrell, I found her to be a really impressive individual. She had conducted forensic examinations and produced documentation that had done the heavy lifting and the work that was needed. It feels like this is bouncing around the place as a delaying tactic. It certainly feels like that to me. I think we are all very frustrated by the length of time that this is taking, given the time that has elapsed and the amount of work that has been done, much of it by the family. A very impressive body of documents has been presented.

I wish Ms Justice Mary Ellen Ring well for the future and thank her for the work she has done to date.

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