Breeda Moynihan-Cronin (Kerry South, Labour)
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Question 68: To ask the Minister for Justice, Equality and Law Reform his views on the recent findings of the Garda human rights audit report which contained serious criticism of the force; the steps being taken to deal with the shortcomings identified; and if he will make a statement on the matter. [10775/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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Following from a Council of Europe programme in 1997 entitled, Policing & Human Rights, 1997-2000, the Garda Síochána established a human rights office and a human rights working group in 1999. The human rights working group, on behalf of the Garda Commissioner, commissioned Ionann Management Consultants to carry out a human rights audit of the Garda Síochána. This extensive work was conducted during 2003-04 and the audit has been finalised.

I take this opportunity to congratulate the Commissioner for commissioning the human rights audit and for publishing the audit which identifies certain significant shortcomings in respect of the force in an open and transparent manner. In response to the findings and recommendations of the consultants, the Commissioner is drafting a comprehensive Garda action plan to respond, in particular, to the shortcomings the report identified.

The action plan can be summed up by saying that it will put human rights to the fore in all aspects of the management and operation of the Garda Síochána. Assistant Commissioner, Nacie Rice, head of human resource management, has been given specific responsibility to monitor, oversee and ensure the implementation of all aspects of the report. I understand that at a recent management seminar at the Garda College in Templemore, senior officers at chief superintendent and commissioner rank received an extensive briefing on the audit and the action plan which will arise out of it.

The Garda Síochána Bill, which is before the House, places emphasis on the importance of upholding human rights in the performance by the Garda Síochána of its functions. The Bill also provides for a revised form of declaration for persons joining the force, which specifically refers to the need to have regard for human rights in carrying out policing duties. I have also made provision in this Bill for the establishment of a code of ethics for the Garda Síochána. The purpose of the code of ethics will be to lay down standards of conduct and practice for members.

Joe Costello (Dublin Central, Labour)
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I, too, welcome the fact the Commissioner has accepted all 15 recommendations and has agreed to take action to implement them. Let us be clear on what the independent human rights audit found. It found that procedures and operating practices within the Garda force can lead to institutional racism, particularly in relation to Nigerians, Travellers and Muslims. What will the Minister do? He is responsible for legislation covering the Garda Síochána, and the Garda Síochána Bill is before the House. Has the Minister studied these recommendations? Has he considered the need for some change in the structures in the Garda Síochána? For example, recommendations were made in respect of a police authority which would allow a greater level of monitoring of the operation of the police. It is not good enough to leave it to the Commissioner to implement recommendations. What about training and education? The Garda Síochána Bill is notably devoid of reference to those areas. I would like to know about the Minister's responsibility rather than what the Commissioner will do.

Michael McDowell (Dublin South East, Progressive Democrats)
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I appreciate that the Deputy welcomes the transparency with which the Commissioner acted in this matter. I can make the action plan available to the Deputy. He will see that each of the issues raised in the report is addressed and responsibility for and a method for dealing with them are identified in the Garda action plan. I back the Commissioner 100% in implementing that action plan.

As Minister, I can set the legislative context within which the Commissioner can act. The Garda Síochána Bill is very strong and clear on this issue. There will be an ethics package for gardaí which they will have to live up to. There will have to be an emphasis on human rights in their training which does not simply end when they leave Templemore. Each member of the Garda Síochána will be required to effectively take an oath to uphold human rights. The action plan combined with that new legislative framework and the fact that there will be annual reports and directives from the Government will adequately cover this matter. I have full confidence that the Commissioner will deal with this issue in a perfectly adequate way, especially in view of the way he has dealt with it to date. He will have my full backing in everything he does.