Helen McEntee (Meath East, Fine Gael) | Oireachtas source

This set of amendments relates to the recommendation of a person for appointment to the role of police ombudsman. They concern section 172 and the appointment of the police ombudsman under section 174, which relates to the terms and conditions of office, and the insertion of a new section 173.

Following the conclusion of the Dáil debate on this Bill, I gave further consideration to a number of matters relating to the significant reforms of the GSOC given effect via this Bill. Operationally, the police ombudsman will have a broader remit and enhanced processes and procedures. I have spoken to my decision to change the name of the body and to introduce the name "Fiosrú" to better capture the scope of the body's remit. However, structurally, the body also moves to a single ombudsman model. These changes in the context of the broader reforms being made across the policing oversight landscape will see this new role of police ombudsman take on even greater significance.

On careful consideration, it is my view that such is the importance of this role and the envisaged status the police ombudsman figure will hold in the public eye that this office cannot be left vacant for any extended time. There may be circumstances where new leadership is urgently required, for example, at a time of significant challenge or public scrutiny. In light of the sensitive and often complex area in which the police ombudsman will operate, it is crucial that there are safeguards in place should these exceptional circumstances arise. I have, therefore, decided to introduce an alternative nomination process to supplement the primary process undertaken by the Public Appointment Service to be used where there is a vacancy in the office and an immediate need to ensure stability and consistency within the body. In such circumstances, there would also be a public interest for the Minister act swiftly to fill the police ombudsman position and it is my view that the legislation should allow for that type of situation.

Accordingly, this set of amendments provides for the Minister in exceptional circumstances and where it is in the public interest to recommend to Government a judge of the superior courts or the Circuit Court for nomination to the role of police ombudsman, that such an appointment is still to be subject to the same oversight as any nomination arising from the default process undertaken by the Public Appointments Service, i.e. being approved via the passage of resolutions by both Houses of the Oireachtas before the appointment by the President, and that such an appointment can only be for a period of up to three years with the exact term within this maximum to be determined by the Minister. Given the exceptional circumstances this alternative process is designed to account for, it is not expected this option would be used often, if at all, but it is possible to envisage a situation where there would be an urgent need to fill a post in order to ensure the public retains full confidence in the oversight of An Garda Síochána.

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