Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

On a separate matter, I condemn in the strongest possible language the reprehensible and cowardly attack on and attempted murder of Detective Chief Inspector John Caldwell yesterday in Omagh. It is difficult to think of a more cowardly attack than persons hiding in wait for a man who had devoted his leisure time to coach children playing soccer and then, when he was putting the soccer balls into the boot of his car, the cowards sneaked out and shot him. It was a disgusting and reprehensible attack. I hope he recovers. I hope the perpetrators are arrested, prosecuted and convicted and serve very lengthy sentences.

As regards the legislation before the House, I start by looking at the legislation we are repealing rather than at the Bill we are seeking to enact. The effect of the Bill, when enacted, will be that the Houses of the Oireachtas will have repealed the Garda Síochána Act 2005 and the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015, both of which are excellent legislation. The 2005 Act put in place for the first time formal architecture for the operation and governance of An Garda Síochána. It established bodies such as GSOC and played a significant role in modernising An Garda through the past 20 years or so. That Act served the country very well for the period it lasted. The Government that was in power in 2015 deserves to be commended on the excellent decision made back then to enact legislation establishing the Policing Authority. One of the real successes of the past ten years in the context of policing has been the establishment of the Policing Authority, which has been very effective in ensuring the standards of An Garda are rising as it and members of the public want them to rise. However, there is a benefit in seeking to amalgamate and codify in one Bill all the laws that operate in respect of Garda governance, operations and inquiries, and that is what this legislation seeks to do. For that reason, I welcome it.

The major difference the Bill will introduce in the area of Garda governance is the establishment of a Garda Síochána board. It is an interesting development, one that was considered previously. In effect, the Commissioner will be accountable to the board of An Garda Síochána. Like the board of any public or private company, the Garda Síochána board will seek to supervise the operations of An Garda Síochána to ensure effective policing is being carried out. I note that, under the legislation, the board will be appointed on foot of a competition to be run by the Public Appointments Service, PAS, and persons will be recommended for appointment by the Minister. I could predict the type of well-meaning and well-qualified people who will ultimately be appointed to the board as a result of the PAS competition process. However, I urge the Government and the Minister to ensure the board membership includes representatives of communities that are directly affected by policing and criminal activity. We need to be honest in recognising that certain groups in society are more sheltered than others from the effects of crime. We have seen recent examples of certain groups and communities having experienced a torrid time as a result of criminality and antisocial behaviour in their communities. They are the people who are very much in need of direct policing to ensure they can live their lives in peace, as they are entitled to do.

Under the legislation the first board will include people whom the Minister appoints directly; it will not have to go through the PAS. I ask the Government and the Minister to include on the board people who are directly affected and who represent communities who are directly affected by the scourge of antisocial behaviour and criminality. I note that, throughout our legislation, the one thing that is completely verbotenwhen a new statutory body is established is that any member thereof would be an elected representative. We need to reflect on the fact that, in other countries, they have elections to police boards. Some countries even have elections to become commissioner of police forces. I am not suggesting we go down that route here but it is important there is community representation on the board of An Garda Síochána. I know there will not be direct elections to it but we need to reflect the fact that people within communities need to have their say in respect of policing.

An interesting point in the legislation relates to the appointment of the Commissioner. There is a new provision in the Bill for when a Government wishes to get rid of a Commissioner. Section 31 provides that when a Government wishes to get rid of a Commissioner or believes there are issues that may justify the removal of a Commissioner, it may seek the appointment of a judge to inquire into a certain type of behaviour by that Commissioner. That is an interesting and novel approach but I am not sure it is a very sensible one. It is not a good idea in general to use members of the Judiciary to engage in processes or functions that are not their primary function, namely, the administration of justice. We may find ourselves in a situation down the road where a Garda Commissioner facing removal from office may go to the courts, as he or she is entitled to do, to seek to challenge what the Government is doing. If there is an inquiry that has been initiated by the Government and which involves another senior judge, I do not know if that will be beneficial for the Judiciary in the long term.

Deputy McNamara raised an interesting point in respect of sections 35 and 36, which replicate sections 40 and 41 of the Garda Síochána Act 2005 and relate to the duty of a Garda Commissioner to account to the Government and the Minister and to provide information to the Minister. In effect, section 36 replicates exactly the old section 41. Section 35 is slightly changed from section 40 in that it elaborates on the circumstances in which the Commissioner is to account to the Government. The Commissioner must now account in respect of matters connected with the provision of policing services and security services by An Garda Síochána, whereas previously he or she was required account for any aspect of his or her functions. Like Deputy McNamara, I am concerned about the way that matters are sometimes reported by a Garda Commissioner to a Minister. Obviously we do not know the vast amount of information that is provided by a Garda Commissioner to a Minister, nor should we, but there have been situations where information has got out into the public domain as a result of it being provided by a Commissioner to the Government in the form of the Minister. It seems to have been suggested that minor transgressions that did not even result in prosecutions but were allegedly committed by politicians were reported to the Minister. That should not be happening. The Minister needs to reconsider whether a provision needs to be inserted into the legislation to ensure information on minor transgressions is not provided. I know a broad ambit is given to the Commissioner with regard to what he or she thinks appropriate to bring to the attention of the Minister, but it cannot be political gossip that may be of interest to the Minister. The only information that should be brought to the attention of the Government is material the Commissioner believes is important and necessary for the Government to know.

In the time remaining, I will refer to other aspects of the legislation. I am pleased section 80 replicates the fact it is a criminal offence for a member of An Garda Síochána to leak information. It is important for that to be expressly contained within the Bill.

Chapter 8 provides for special inquiries. All legislation is reflective of political issues that have arisen preceding the enactment of the legislation. Only a person who has been living under a rock would not be aware that, in the past five or six years, there have been many controversies associated with An Garda Síochána that resulted in commissions of investigation and a tribunal of inquiry. I welcome that the Bill provides for a special inquiry procedure.

I also welcome that we will have the police ombudsman, as it is to be known. In effect, the Policing Authority is going to remain. Part 4 provides for the establishment of the policing and community safety authority, and that seems to include the functions that were carried out by the old Policing Authority but also by the Garda Inspectorate.

I will conclude on the complaints procedure. I welcome the fact that frivolous and vexatious complaints made about members of An Garda Síochána will not have to be heard by GSOC but, rather, should be dealt with where they belong, that is, as an employment issue with An Garda.

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