Mick Wallace (Wexford, Independent)
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3. To ask the Minister for Justice and Equality if she will update Dáil Éireann on the appointment of a replacement for the former Chairperson of the Garda Síochána Ombudsman Commission, GSOC; if she is satisfied that the Commission is sufficiently resourced to deal with challenges facing it; and if she will make a statement on the matter. [13488/15]

Mick Wallace (Wexford, Independent)
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When will the Minister appoint a replacement for Simon O'Brien? It is strange that it has not happened. What process does she intend to use? I understand that section 65 of the Garda Síochána Act 2005 allows for a 100% political appointment. Has the Minister considered changing that system in any way? It is obvious that despite the Minister having given an extra €1 million to GSOC this year, it is under-resourced and does not have the potential to do what it is supposed to do.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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It is vital that the public has strong confidence in the Garda Síochána and the system of oversight of the Garda Síochána. The Government is implementing a comprehensive programme of reform in the areas of policing and justice. As part of the programme of change, the Garda Síochána (Amendment) Act 2015, which I will be commencing very shortly, will strengthen and clarify the remit and capacity of GSOC, and I will keep under review the case for further change.

I remain in contact with GSOC and the Department of Public Expenditure and Reform in relation to resources for GSOC. I should mention in this regard that the recent budget granted GSOC an increase of €1 million in its allocation for 2015.

Mr. Simon O'Brien resigned from his position as chairperson of GSOC on 30 January 2015. Mr. O'Brien made an important contribution in his role as the chairperson of GSOC, as well as in his previous role as deputy to the chief inspector in the Garda Inspectorate, and I again put on record my appreciation for his service.

With regard to the vacancy that arose on foot of Mr. O’Brien’s resignation, the 2005 Act provides for a situation where a member of GSOC has resigned his or her position and permits GSOC to act notwithstanding the vacancy. The appointment of members of GSOC is governed by section 65 of the 2005 Act. This stipulates that the commission consists of three members, all of whom are to be appointed by the President on the nomination of the Government, following the passage of resolutions by both Houses of the Oireachtas recommending the appointments. The 2005 Act requires that the Government must be satisfied that persons nominated have the appropriate experience, qualifications, training or expertise for appointment having regard to the functions of GSOC. The person who will be appointed to GSOC will serve out Mr. O'Brien's term of office which will expire at the end of December 2016. That is in line with the Act.

I wish to inform the House that following careful consideration of the matters, I have decided to advertise the position of chairperson of GSOC for the remainder of the term.

Mick Wallace (Wexford, Independent)
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The Minister said GSOC can carry on its work while waiting for the third commissioner to be appointed. The sad point is that it cannot carry out its work. It is under too much pressure. The extra workload involved in giving it the job of confidential recipient seems to be beyond it. For example, the case of a whistleblower named Keith Harrison was referred to GSOC last September. He spoke to Simon O’Brien in December and Mr. O’Brien said he was taking it very seriously but he has not heard a word since then and it is now April. Another whistleblower complained to GSOC in November 2014 and has heard nothing. They are both gardaí. GSOC does not have the capacity to behave as a confidential recipient.

GSOC’s remit was always intended to be investigatory, rather than review and oversight. It does not have a prayer of being an investigatory body without the necessary resources.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I meet with GSOC. We gave it €1 million extra in the recent budget and it recruited extra people. It is getting on with the job of investigation. I received its report for this year late yesterday which outlines its work. I cannot comment on individual cases but I am very keen that the public and the Garda have confidence in GSOC and that it gets on with the work of investigating. It is doing that.

The Deputy is quoting particular cases and timeframes. I do not know the reasons for those delays but it is examining the cases that come before it. The chairperson will be replaced soon. In the meantime, the other officers are getting on with the work.

Mick Wallace (Wexford, Independent)
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The Minister says the public has confidence in GSOC. That is not true. The Minister knows that it does not. As she said in response to the previous question, many complaints are based on the fact that people did not get satisfaction from GSOC. It is not that the people in GSOC are bad people, rather it does not have the potential to be the body it was intended to be. We all realise that it was structured in the first place not to succeed and sadly that remains the case.

In 2013, the UN rapporteur on human rights expressed concerns about how GSOC worked and said that the excessive dependence on the Department of Justice and Equality was worrying. It said that it should be an independent body. The Garda Síochána (Amendment) (No.3) Bill 2014 that the Minister brought in does not make it independent. It is too dependent on the Department and the Minister. The Minister has retained control over its ability to investigate the Garda Commissioner. It is not allowed to investigate retired gardaí. It does not expand the grounds of admissibility, does not require mandatory involvement of GSOC in all investigations, does not prohibit gardaí from serving in GSOC and does not reform the informal resolution mechanism. It was a very disappointing effort. The lack of resources is crucial. The Government will not get a GSOC that is fit for purpose until it gives it far more resources than it has done. If it wants it to work properly, it will have to resource it.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Resources are an ongoing problem for every body. I reject what the Deputy says about GSOC’s independence. GSOC gets on with its work in an independent manner. Last year, it had an increase of 11% in referrals. We changed the legislation to give it more power. Under the provisions of the new Act, for the first time, there is an inclusion of the Garda Commissioner within GSOC’s investigative remit, there is a broadening of the scope for me to refer cases to it, and there is the conferral of additional police powers for criminal investigation and greater autonomy for it in examining Garda practices, policies and procedures. Any reasonable person would accept that it has been given greater powers and has been given an extra €1 million-----

Mick Wallace (Wexford, Independent)
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That is not true. The Minister has kept control.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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In a very exceptional way, as the Deputy knows. It is getting on with its work day to day. Any reasonable person knows and would accept that. There has been an 11% increase in the number of cases coming to it. An extra €1 million has been allocated. It is getting on with its work, investigating complaints it receives. I am sure one could make improvements and legislative change in every body. We have done that this year. We have brought in legislation to strengthen its powers. The Bill regarding the police authority will come up later this year. If there are further changes to be made, we can use that Bill.