Dáil debates

Tuesday, 15 July 2014

Ceisteanna - Questions (Resumed)

Cabinet Committee Meetings

4:55 pm

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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6. To ask the Taoiseach if the Cabinet Committee on Justice Reform has been held. [17507/14]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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7. To ask the Taoiseach when the first meeting of the Cabinet Committee on Justice will take place. [17511/14]

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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8. To ask the Taoiseach the number of times the new Cabinet Committee on Justice Reform has met since it was established. [19916/14]

Photo of Joe HigginsJoe Higgins (Dublin West, Socialist Party)
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9. To ask the Taoiseach the number of meetings held of the Cabinet Committee on Justice. [19935/14]

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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10. To ask the Taoiseach the number of times the Cabinet Committee on Justice Reform has met. [19966/14]

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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11. To ask the Taoiseach the number of times the Cabinet Committee on Justice Reform has met. [26751/14]

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I propose to take questions Nos. 6 to 11, inclusive, together.

The Cabinet Committee on Justice Reform has met on three occasions to date, 28 April 2014, 20 May 2014 and 30 June 2014. A further meeting is scheduled for 24 July.

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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I thank the Taoiseach for his answer. This is a very important committee, given the series of scandals and crises which led to its establishment. There was at that time serious public disquiet and a loss of public confidence in the senior management of An Garda Síochána as well as a lack of confidence on the part of rank and file gardaí in their senior management. How often does the Taoiseach expect this committee will meet? Can he clarify whether the recent Cabinet changes will impact on its membership? I do not know if my next question is in order but I am trying to get to terms with the Garda Síochána (Amendment) Bill 2014-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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That is a separate issue.

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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Will the committee have a role in that and can it invite recognised experts in the field of policing and if so, would the Taoiseach consider bringing in the people involved in the Independent Commission on Policing for Northern Ireland, the Patten commission? Does the committee intend to examine the Patten process in order to find a way to put in place the type of reforms necessary to have an accountable civic policing service, one that lives up to the expectations and sacrifices of members of An Garda Síochána and their families as well as citizens of the State?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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It is a matter of great importance that the public has faith and belief in the integrity and credibility of the Garda Síochána. It is equally important that the members who serve in the force can have pride in the force they represent, in the way they engage with the public and that facilities are put at their disposal to enable them to do their job as one would expect. The day to day running of the Garda Síochána is a matter for the Commissioner at all times. The Commissioner of the day advises Government through the Minister for Justice and Equality, in respect of preparation of budgets and requirements for facilities.

The committee has met on several occasions as I have outlined. It has dealt with the terms of reference for the commission of investigation into the Guerin report. That matter has not been finalised yet. It dealt with the preparation of a draft scheme of a Bill to deal with the Garda Síochána Ombudsman Commission, GSOC, and with the process for a review of how to deal with a couple of hundred cases that came in covering a range of issues about, complaints against and matters relevant to the gardaí, going back over a very long period.

The Government made two decisions, one, to advertise for a Garda Commissioner and a process for doing so, including advertising internationally. I think those advertisements will be placed this week or next week. It also decided to establish an independent Garda authority. That is a major decision on the part of Government and will bring about a new way of making appointments to An Garda Síochána.

A seminar was held in Farmleigh dealing with the groups and organisations which wish to make submissions and give their views on how an independent authority might function, how it should be set up, its terms of reference and so on. These are important matters to consider. I expect that when the committee meets next week we should be in a position to make recommendations as to the sort of structure, nature, composition and work of the independent policing authority. In the latter part of the year we want the process for the appointment of a Garda Commissioner and the process for the setting up of the independent Garda authority to coincide. It would be appropriate for the person to be considered for the position of Garda Commissioner to have some capacity to reflect on the structure of an independent statutory authority.

All of that is being done to improve the perception, relationship and reputation of An Garda Síochána to allow it have standards that apply across the board of which it can be proud. The public will know that this process is removed entirely from the political process and that the police force can do its job as befits a modern democracy in the appropriate way.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Fianna Fail)
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Does the Taoiseach envisage the structure of the Cabinet committee changing in the aftermath of the reshuffle?

Does he accept that the Acting Commissioner, Noirín O’Sullivan, has done a superb job having taken up her post in very difficult circumstances, probably the most difficult circumstances the force has ever been in?

Does the Taoiseach have any principled view of the appointment of a new Commissioner? Would it be important to him that the person come from inside or outside the force?

It must be without precedent that the Minister for Justice and Equality has not expressed confidence in the Secretary General of the Department of Justice and Equality. Does the Taoiseach have confidence in him?

Photo of Joe HigginsJoe Higgins (Dublin West, Socialist Party)
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Could the Cabinet committee take on the following issue? Substantial numbers of people in this State feel they have been grievously wronged, and many have, by elements of the justice system, the Garda, the Judiciary, solicitors etc. and that they have no redress and come up against blank walls. Lives are ruined. I am sure the Taoiseach receives letters from people, whose lives are ruined by injustices of this kind. When the Taoiseach received files sent by Sergeant McCabe he asked a senior counsel to look into them. He found there was serious substance in the files and the Minister for Justice and Equality resigned. That is because the files were brought to the Taoiseach’s attention in a very controversial and particular way. Ordinary people around the country do not have such access to the power in this society. Does the Taoiseach see my point? Does he not think some kind of appeal system should be set up for people who find themselves innocent victims of grievous injustice and that there should be redress for them?

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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The Taoiseach failed to answer my question about the Patten process and commission. One of the Sinn Féin submissions to the Patten commission, which I thought was crucial, was to invite it into neighbourhoods and communities to listen to people and hear their experience of policing. That changed the entire chemistry of the commission’s engagement. That is why the majority of people, despite the history of the place, support the Police Service of Northern Ireland, PSNI. Could the Taoiseach deal with the question about the Patten process? Would he consider an initiative such as the one I have just outlined?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I do not envisage any great change in the structure of the Cabinet sub-committees. Personnel will change because some Ministers have changed. I find the Cabinet sub-committee structure a good way to force things onto the agenda so that matters that might have been hanging around for a long time can be concluded.

I agree that the Acting Commissioner of An Garda Síochána is doing a remarkable job in the sense of being open, very different and engaging with different groups. She has visited many Garda stations and has invited gardaí to give her their views of the force and so on. I also note her comments that people with a different voice or view are quite entitled to have their say. That is a very commendable way to restore morale to the Garda force, which is very important for us.

I do not want to speak for the Minister for Justice and Equality. Every Minister is entitled to a period of engagement and reflection in respect of his or her working arrangements with any Secretary General of a Department. I am sure the Minister for Justice and Equality will speak on that in due course.

Deputy Higgins's contention that no redress is available in the justice system and lives have been ruined as a result is true in more than one sector. That is why the Government has moved to change the responsibilities of the Garda Síochána Ombudsman Commission, set up an independent Garda authority and put in place an independent structure for the appointment of a suitable person as Garda Commissioner. It is clear that when the Garda Síochána Ombudsman Commission is revamped and reorganised, the public and the gardaí themselves will have a different opportunity to see that things are as they should be.

I will reflect on what Deputy Adams has said about an important element of engaging directly with communities. It might be appropriate to go through the process with the independent authority, which can look at engaging with communities depending on how they see that engagement taking place. When we examine the recommendations for the process, procedure and structure of the independent statutory authority at next week's meeting, we will consider whether it would be better to do it before or after. Clearly, it is important to engage with the public, which is what the interim commissioner is doing. It is all about engagement with people. If the issues that have been raised over the years are to be dealt with, the public must believe in the integrity and credibility of this professional force and know that it is acting professionally in the duties it has to carry out.

Written Answers follow Adjournment.