Dáil debates

Thursday, 2 April 2015

Ceisteanna - Questions - Priority Questions

Garda Oversight

10:00 am

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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5. To ask the Minister for Justice and Equality in view of the fact that it is over one year since the departure of the former Garda Commissioner, if she is satisfied with efforts made to change the culture and workings of An Garda Síochána; and if she will make a statement on the matter. [13489/15]

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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It is over a year since the Commissioner went and nearly a year since the Minister went but it is hard to see any serious change. Will the Minister tell me when she expects the police authority to be up and running? With regard to the implementation steering group, the Cabinet sub-committee oversees it. Is there external oversight of it? With regard to the Garda professional standards unit, GPSU, report on fixed charge notices, will the Minister tell me if anyone has been disciplined or any sanctions brought? What was the outcome of the internal disciplinary proceedings of the three gardaí referred to in the O'Mahoney report?

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The question asks whether I am satisfied with efforts made to change the culture and workings of the Garda Síochána and to make a statement on that. Significant change, under the leadership of the new Garda Commissioner, is under way in the Garda Síochána. I unequivocally reject any suggestion otherwise. I will be publishing the policing authority Bill by the end of April or in May and we are working hard on it.

That legislation announces the most profound reform of the Garda organisation in its 93 year history.

Another important change was the appointment, for the very first time, of the new Commissioner by way of an open competition. This is a clear indication that change has come, and the Commissioner has not wasted any time in bringing about organisational and operational change. A new strategic transformation office has been established to ensure changes are being delivered correctly and on schedule. Risk compliance and continuous improvements offices have been set up in each region, headed by a superintendent, to deliver changes at regional level in a standard and consistent way. New units have been establishment to focus expertise more effectively in particular areas, such as organised crime, domestic and sexual violence, and human exploitation. Detective superintendents in the regions have been charged with delivering a co-ordinated and effective approach to crime. The policing plan for 2015, which has been laid before the Houses, sets out clearly the Garda objectives for this year. I encourage Deputies to look through it. Finally, the Deputy is familiar with the Government's programme of legislative reform, which includes a range of initiatives in this area.

10:10 am

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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I acknowledge that problems within the Garda organisation have been pinpointed. The difficulty, however, is that we still have not seen the necessary reforms implemented. The Minister did not indicate when she expects the police authority to be up and running. Will she clarify whether any disciplinary action was taken arising out of the Garda professional standards unit, GPSU, report into fixed-charge notices? Were any sanctions applied in respect of the Garda Inspectorate report? The latter represents a very serious body of work but there is a problem in that an internal Garda body is involved in the implementation steering group. As I pointed out to the Taoiseach earlier this week, a chief superintendent involved in that work is the subject of three separate ongoing investigations. That is very worrying. It is vital that there be independent oversight of the implementation of the Garda Inspectorate report. Will the Minister give a progress report on the 200 recommendations it contains and indicate how many meetings of the implementation steering group have taken place? Without independent oversight, we will not see much change.

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Deputy refers to change and oversight. It is useful to consider just one example of change, namely, the reform of the fixed-charge penalty system, FCPS, cancellation process. I have appointed Judge Matthew Deery, a former President of the Circuit Court, to act as head of an independent oversight authority for the cancellation process. That role is in addition to the ongoing internal audit of the system. Judge Deery will be free to inspect at random any fixed-charge notice cancellation and report his findings on the operation of the system to the Minister. The practical arrangements for him to take up this role are being put in place at present. Three people will now be charged with making those decisions and the criteria are much sharper. That is evidence of real change. Any reasonable person considering this and other reforms would accept we are seeing real cultural and administrative change within the force.

I will shortly begin the process of advertising for applications for membership of the police authority and putting in place a shadow board. I expect the authority to be up and running in the course of this year.

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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Any reasonable person would see the Minister is not prepared to answer all my questions. Were any sanctions or disciplines imposed on people found to be out of step in the GPSU report? What was the outcome of the internal disciplinary proceedings against the three gardaí referred to in the O'Mahony report? The Garda Síochána (Amendment) (No. 3) Act 2015 is weak but at least there is something in it. When will that legislation be commenced and will it be done in its entirety? The Minister did not answer my question about the importance of ensuring there is some independent oversight of the steering group that was established to implement the recommendations of the Garda Inspectorate report. Finally, we wish things were better and had changed in the wake of the appointment of the new Commissioner but the reality is there are two Garda whistleblowers claiming that in the case of two internal investigations, the person against whom they made a complaint was kept informed about the investigation while the complainants were harassed. How in God's name is this different from what was going on before?

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Taoiseach asked the Deputy for information when the Deputy raised this matter with him. If he has information, he should supply it.

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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The Garda has the information.

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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Regarding disciplinary proceedings, I will get an update on that issue and put it on the record of the House. I understand the investigation in that regard is ongoing. It is important that An Garda Síochána should take responsibility to implement the many findings of the Garda Inspectorate report. There are short-term, medium-term and longer-term recommendations included in the report. The Garda authorities are getting on with that work and are in ongoing contact with the Garda Inspectorate. The latter is an independent body which clearly has an interest in the implementation of its recommendations, as does my Department. Many initiatives have been undertaken by An Garda Síochána to begin the implementation of the Garda Inspectorate report.