Dáil debates

Thursday, 13 December 2007

Other Questions

Garda Complaints Procedures.

4:00 pm

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 11: To ask the Minister for Justice, Equality and Law Reform his views on whether the 32% cut in funding to the Garda Ombudsman Commission contained in budget 2008 can be justified in view of the body's inability to process its workload of more than 1,500 complaints and inquiries and 200 referrals efficiently; and the reason the Garda Complaints Board, which has been superseded, is receiving an increase of 8%. [34624/07]

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)
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I am pleased to clarify the reason for the reduction in the allocation of the Garda Ombudsman Commission for 2008. The 2007 allocation for the ombudsman commission included significant funding relating to the initial set-up of the office, particularly for the leasing and fit-out of its new premises in Abbey Street, Dublin. As these were once-off costs, the 2008 allocation has been adjusted accordingly.

I am satisfied that the 2008 allocation will ensure the office has the resources to carry out its functions and that there will be no reduction in service. The commission is still in the process of recruiting its full staff complement and is recruiting additional investigative staff. There will therefore be more operational staff available during 2008 than there was in 2007.

Under the Garda Síochána Act 2005, the ombudsman commission took over several complaints from the Garda Complaints Board. However, the board must process to completion any complaint in respect of which it had commenced an investigation. Accordingly, it must continue to operate until all such investigations have been completed. The increase of 7.5%, or €130,000, in the budget for the complaints board is in the main due to pay increases and other costs in respect of the board's staff in 2008.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Does the Minister of State know how many cases have been commenced and so must be completed by the Garda Complaints Board? Has he concerns about the capacity of the board to conduct investigations in view of the evidence given by the chairman of that board to the Morris tribunal and the inadequacies of the resources available to the board to investigate complaints in a thorough fashion?

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)
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The Government would not have established an ombudsman commission if it was entirely satisfied with the operation of the Garda Complaints Board. One follows from the other. One can draw whatever conclusion one likes but it seems obvious the Government was not satisfied with the complaints board.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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It took ten years for the Government to realise that.

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)
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The commission has been established and is engaged in its work. The Deputy may have misunderstood what I said. To clarify, the complaints board is completing only those cases where it has already commenced an investigation. Complaints that were logged with the board but not investigated will be transferred to the Garda Ombudsman Commission.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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How many cases are there where investigations are under way or have taken place and will thus remain with the Garda Complaints Board?

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)
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The ombudsman commission received 1,869 complaints. Of these, 455 were deemed inadmissible. I will have to come back to the Deputy with the figures regarding the complaints board.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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How many were transferred from the Garda Complaints Board to the ombudsman commission?

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)
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The ombudsman commission has received 1,869 complaints in the period between 9 May and 30 November 2007, of which 455 were deemed inadmissible and a further 560 are pending.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I am sorry to interrupt the Minister of State but the question regarded two types of complaints. These include the complaints which went to the Garda Complaints Board in respect of which no investigations had been commenced and which are now transferred to the Garda Ombudsman Commission. I am asking how many such complaints have been so transferred. The second regards those retained by the Garda Complaints Board because it has commenced an investigation. If that information is not available today, perhaps it could be supplied to me.

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)
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I will ensure the Minister communicates directly with the Deputy on that.

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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I believe 58 cases have been passed from the Garda Complaints Board to the ombudsman commission. I too would appreciate clarity on this from the Minister when he writes to us. Does the complaints board continue to be seized of complaints or has it entirely shed its files to the Garda Ombudsman Commission?

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)
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The Deputy has asked a very relevant question but unfortunately I do not have the detailed figures requested by the Deputies. I will ensure the Minister communicates directly on the matter. I am working on an assumption that new complaints would automatically go to the ombudsman commission, and essentially the allocation or resourcing of the complaints board is merely to "trade out" the existing levels of complaints subject to investigation.

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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What is the answer to the last part of the question, "the reason the Garda Complaints Board which has been superseded is receiving an increase of 8%"?

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)
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Is the Deputy asking why the increase?

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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The last part of the question is "the reason the Garda Complaints Board which has been superseded is receiving an increase of 8%."

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)
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As I stated earlier, the 8% increase is broadly in line with general increases under this budget.

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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What is the complaints board doing in 2008?

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)
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It is clearing the backlog of complaints that have gone to a full investigation phase. Much of the increase will relate to pay of staff who are still working on the actual investigation complaints. That may not have been clear.

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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It would be helpful to have that clarified.

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)
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I will do so.

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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It would be helpful as it is not customary to give an 8% increase to a quango that is being shut down.

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)
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I will look into that and come back with a more detailed answer.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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This quango has had a very chequered and unfortunately incompetent history. What is to come of the staff currently attached to the Garda Complaints Board? When the board has completed its work, is there a plan as to what will happen to the staff?

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)
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I apologise to the Deputy as I cannot furnish him with a detailed reply on what the future holds for the staff of the board.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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They will apparently get a pay increase of 8%.

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)
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As I have reassured the Deputy on earlier matters, I will ask the Minister, Deputy Brian Lenihan, to get back to him on the matter. I agree that it would be interesting to find out the answers to both questions, the reason an 8% increase has been given to a body which is being superseded and the matter of the staff. I presume the personnel will be reallocated in some fashion within the existing framework. That seems to be the habit.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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It depends on the contractual terms.