Jonathan O'Brien (Cork North Central, Sinn Fein)
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Question 5: To ask the Minister for Justice and Equality his views on the Garda Síochána Ombudsman Commission's annual report 2010; his proposals on the back of its findings; and if he will make a statement on the matter. [16731/11]

Alan Shatter (Dublin South, Fine Gael)
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The Garda Síochána Ombudsman Commission's annual report for 2010 was laid before the Houses of the Oireachtas earlier this month and is available in the Oireachtas Library. The report gives useful details of the commission's work throughout the year. The number of complaints made, at 2,258, was not markedly different from that for the previous year, nor was the number of referrals from the Garda Commissioner, at 103. Some 27 files were referred to the Director of Public Prosecutions during the course of 2010 as compared to 25 in the previous year. At the end of the year there were 1,066 cases in hand, a reduction on the figure for the previous year.

As of 1 January 2010, the ombudsman commission had five live investigations under section 102(4) of the Act. These are investigations initiated by it in the public interest. During the year two of these investigations were closed, while three were ongoing as of 31 December 2010. Throughout 2010 the commission engaged in extensive dialogue with the Garda Síochána as part of a review of the operation of the law and arrangements in this area. I will study carefully any proposals for change that may emerge.

One final point worth mentioning is that during 2010 the ombudsman commission engaged external consultants to conduct a survey of public attitudes towards it. It is pleasing to note that the results indicate that the general public have a good awareness of the role of Garda Síochána Ombudsman Commission and that it enjoys a reputation of being an impartial body for the independent investigation of allegations of misconduct by members of the Garda Síochána. Such impartial investigation is vital to ensure continued public confidence, respect and support for the Garda Síochána.

Jonathan O'Brien (Cork North Central, Sinn Fein)
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The report states the majority of the complaints arose from searches of persons and road traffic incidents. Has the Minister had discussions with the Garda Commissioner to try to get to the root of the reason the majority of complaints arise in this way? Can the Garda Síochána do anything to try to reduce the number of such complaints? Do they arise owing to a lack of understanding? Is there any way we can pinpoint the reason the majority of complaints arise in this way and what can be done to rectify the problem?

Alan Shatter (Dublin South, Fine Gael)
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The Garda Commissioner is reviewing the report. The breakdown of the incidents which gave rise to complaints is interesting. We must ensure people are treated courteously by members of the Garda Síochána. Members of the Garda Síochána are also frequently the victims of spurious complaints which can arise in the context, for example, of road traffic incidents involving people who may have drank excessively and did not like being stopped. In that regard somewhat undiplomatic exchanges might have taken place. It is important, however, that gardaí treat members of the general public with courtesy. It is important also that we aim to reduce the level of complaints, if possible. I will be having discussions with the Garda Commissioner on these matters. The report was only recently published and it is reasonable that the Commissioner should be given time to consider it.

As I indicated, the content of the report on complaints is not particularly different from that included in previous years. There is a slight reduction in the number of complaints. Also, the profile of complaints is not different. There is no suggestion there has been a substantial increase. The value of the Garda Síochána Ombudsman Commission is that it satisfies members of the general public that there is an independent body to which they can complain. It is interesting to note that a significant number of complaints are perceived to be vexatious and not worthy of detailed investigation. Some of these fall within what appears to be largest area that gives rise to complaints.

Jonathan O'Brien (Cork North Central, Sinn Fein)
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The report indicates that six in ten adults who complained believed there had been misconduct within the Garda Síochána, while 80% of those surveyed who had an interaction with the Garda Síochána stated they were satisfied in that regard, which is a contradiction. While people said they were satisfied with their interaction with the Garda Síochána, some 60% of adults believed there had been misconduct within the Garda.

This contradiction needs to be addressed. The Minister said it is has just been tabled and that the Commissioner will review it, but it is one of the areas on which we need to focus. Much effort has been put in by the Garda Síochána in recent years in regard to community policing, and the establishment of joint policing committees has helped to break down barriers between communities and gardaí. However, this figure of six in ten adults indicates much work remains to be done in that area.

Alan Shatter (Dublin South, Fine Gael)
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That the overwhelming majority of people have great faith and trust in the Garda Síochána and the individual members of the force with whom they come into contact is very well set out in the results of the survey. However, there have of course been individual incidents of misconduct within the Garda, as there are inevitably individual incidents of misconduct within any large group of individuals, unfortunately. Such incidents were well documented in the Morris report which was published on events in Donegal.

The general public overall, as the survey indicates, have substantial faith and confidence in the Garda and the vast majority of the general public are very happy with their personal interaction with members of the force. However, even people who have had happy interaction with members of the force and who received great support from members of the force in times of crisis or difficulty with their own families are equally aware that, on occasion, there have been difficulties with individual members of the force. The survey portrays no more than that.