James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank the Deputies for their valuable contributions on this important Bill. I am pleased to respond to the debate on behalf of my colleague, the Minister for Justice, Deputy Harris. The Minister and I are determined to make our communities safer through measures and supports to prevent crime and harm, particularly to individuals who are vulnerable and at risk. We are also committed to ensuring robust frameworks for governance, oversight and accountability of An Garda Síochána, as well as effective oversight of national security arrangements in this State.

Turning to some of the issues mentioned in the debate, I will first deal with the respective roles of the proposed new non-executive board of An Garda Síochána and the policy and community safety authority. The purpose of the Bill is to strengthen the management and internal governance of An Garda Síochána, which is one of our most critical services with a large budget of more than €2 billion and a large and growing workforce. It is essential that it has effective governance structures. While the board's role is to hold the Garda Commissioner to account, it is also to provide support to the Commissioner and the senior leadership team and shoulder some of the burden of leading a large organisation. The board will not be a substitute for robust external oversight of An Garda Síochána. That will be the job of the new body, the policy and community safety authority. I also note that the board will not cut across the independence of the Garda Commissioner, which is provided for in section 34 of the Bill.

Regarding the proposed new authority, it is important to note that the commission's report does not recommend the abolition of the policing authority or its functions and does not recommend or imply any dilution of oversight or scrutiny of policing. On the contrary, the commission's report explicitly recognises the unique nature of policing and the importance of independent oversight in that context. The commission's report recommended combining and expanding the work of the Policing Authority and the Garda Inspectorate under a single umbrella oversight body, and this is provided for in the Bill. The report is clear that the functions of this body would involve transparent scrutiny of policing, including through public meetings with An Garda Síochána, the opportunities presented by social media and other forms of meaningful engagement.

Responsibilities will also include an enhancement of the inspection function, a focus on benchmarking professional standards of policing and a role in promoting the inter-agency co-operation central to the transformation of policing in Ireland. The commission report also recommended that the responsibility for appointments, including senior appointments, within An Garda Síochána, should move to being the responsibility of the organisation itself under the leadership of the Commissioner and the scrutiny of the board. Its view was that it is not appropriate for an agency responsible for oversight to also have responsibility for managing appointments. I acknowledge that two of the 11 members of the commission were unable to support these new structures, but the Government has agreed with the recommendation of the commission report in this area. Regarding the new structures proposed in the commission report for the prosecution of offences, the Government accepted the commission's recommendations in principle, subject to further detailed analysis, including the cost to the Exchequer.

The report recommended that all prosecution decisions be given to an expanded State solicitor or national prosecution service. A high-level review group was established in September 2020, tasked specifically with reviewing the role of An Garda Síochána in the public prosecution system. The group is chaired by the former Secretary General to the Government, Mr. Dermot McCarthy, and is comprised of representatives from Government Departments, the Judiciary, An Garda Síochána, the Director of Public Prosecution's office, the State Solicitors Association, the NGO sector, academics and legal practitioners. The Minister has received the report and is currently considering it. He hopes to bring it to the Government in the next few weeks. In the Bill, it was necessary to restate the existing law as set out in section 8 of the Garda Síochána Act 2005, pending the report of the group and the Government’s consideration of it.

I acknowledge the concerns of current Garda staff regarding the proposals in this Bill. I reassure existing Garda staff that there will be no changes to their terms and conditions, including their status as civil servants of the Government, when the Bill is commenced. Any such changes can only take place on foot of further detailed engagement with the recognised trade unions concerned, Fórsa and the Association of Higher Civil and Public Servants, AHCPS, through the normal industrial relations structures. The Department has already engaged with Fórsa and AHCPS in relation to their members’ concerns and I can confirm that these discussions will continue.

I acknowledge Deputies’ comments regarding the need for both a robust framework of accountability through the new police ombudsman and improved structures for efficient processing of complaints. As recognised by the commission's report, the arrangements for handling complaints and the investigation of allegations of wrongdoing on the part of members of An Garda Síochána are cumbersome and inefficient. This serves no one - neither complainants, members of An Garda Síochána nor GSOC. The Bill overhauls these arrangements to support timely, more transparent and effective resolution. There has been extensive consultation with both the Garda Commissioner and GSOC in devising the proposals contained in the Bill, with the aim of reconciling the concerns of both agencies. This includes the issue of the appropriate level of consultation with the Commissioner and review by the District Court and, where appropriate, the new office of independent examiner when seeking to search Garda premises. These have been carefully devised with assistance from the Attorney General. There will be scope for detailed consideration of the proposals outlined in the Bill in this area on Committee Stage.

I note the contributions of Deputies in relation to the new office of independent examiner for security legislation. The role will be filled by a higher court judge, which will provide guarantees of independence and impartiality. It is worth noting that the existing oversight judges for the purpose of examining the use of interception and surveillance powers are serving High Court judges. The proposed independent examiner will have access to information relating to some of the most sensitive matters relating to national security. This access includes access to documentation, data and personnel, including dedicated interviews and meetings for the purpose of independent review. There are narrow circumstances in which the examiner may be restricted in accessing information. Those restrictions were carefully considered and apply primarily to operational material in the cases of covert human intelligence sources and to safeguard international intelligence sources. The purpose of this is to ensure that the State can safeguard international intelligence sources or conceal the identity of a person, where revealing their identity might endanger their life or safety. In his or her annual reporting, the examiner can comment on any aspect of his or her functions, including the use of such restrictions by information holders.

There were some specific queries from Deputies on certain issues, including vetting for council housing where sexual crimes are an issue and the theft of vehicles. I have asked my officials to prepare detailed replies on these points for the Deputies concerned.

In summing up, I would like to recognise and thank Ms Kathleen O’Toole and her fellow members of the Commission on the Future of Policing, whose 2018 report has formed the basis for the proposals outlined in this Bill. I pay particular tribute to Dr. Vicky Conway, a member of the commission who sadly passed away last year. I also thank the members of the Joint Committee on Justice for their work during the pre-legislative scrutiny process. A number of the committee’s recommendations informed changes in the development of this Bill. I also acknowledge the input of the various policing bodies, interested unions and associations, and other interested persons and groups who took part in the pre-legislative scrutiny process. My overall assessment is that this Bill is well researched, balanced and proportionate. There will be an opportunity to tease out many of the issues discussed in the debate. I thank the Deputies for their contributions and look forward to positive discussion on the detailed provisions of this Bill on Committee Stage.

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