Dáil debates

Thursday, 16 February 2017

Other Questions

Garda Síochána Ombudsman Commission

5:40 pm

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein)
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17. To ask the Minister for Justice and Equality her plans to review the work of Garda Síochána Ombudsman Commission, GSOC; the timeframe in which this review will take place; the person or body that will conduct this review; and if she will make a statement on the matter. [7615/17]

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein)
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What plans does the Minister have to review the legislation on GSOC, which was established under the 2005 Act but did not become operational until 2007? We are in a ten-year cycle now and, as such, what plans does the Department have to review the legislation?

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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GSOC is a very important body and Ms Justice Mary Ellen Ring is the chairperson. I thank her and the other commissioners for their work. It is very important that we have confidence in its work and that An Garda Síochána has confidence in it too. That means the public will have confidence as they need to know that very important role is being carried out effectively and efficiently. We have increased the resources provided to GSOC in recent times.

I am sure the Deputy was at the justice committee when the chairperson of GSOC appeared before it last year. In general terms, she called for changes to Part 4 of the Garda Síochána Act which deals with the investigation of complaints in order, as she saw it, to allow GSOC to function more effectively. She also referred to minor service issues she felt should be managed by Garda line management rather than by GSOC. I agree with her very strongly on that. We ought to find a mechanism to ensure that it can happen. She also sought changes to the powers of GSOC to require the Garda Commissioner to provide it with information and documents in the context of investigations. From the information we have at present, the rate of response on the part of gardaí to requests from GSOC has improved considerably in terms of the time limits outlined as necessary and put in place. We should be able to find a mechanism to deal with the more minor issues which are taking up so much of the time of police around the country. There is definitely a better way to do it. That is precisely what I want to examine. It may be necessary legislate for it.

When I met Ms Justice Ring and her team, I said I would review the legislation. GSOC has been there for ten years now. That review will be done very quickly by the Department. I have given that commitment to the judge. It is important to review and strengthen the legislation to deal with the issues the judge identified. On foot of the work she is doing, she is in a position to identify them first hand and she has made a submission to me in that regard.

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein)
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I agree completely. As the Minister says, the chairperson appeared before the committee in October. While I would not say she was very critical of Part 4, she certainly said it needed to be enhanced to improve the functions of GSOC. She also talked about the Garda Commissioner. One area to which she did not refer but which should be part of the review is the civilian staff seconded to An Garda Síochána. I do not know if that is possible. To the best of my knowledge, they are not covered by GSOC. If we are looking at the force as a whole, we need to consider the civilian staff who also work within An Garda Síochána. That may be something we could consider as part of the review to identify a legislative provision which brings them within the remit of GSOC.

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The review is at a very early stage. I only met the judge a few weeks ago. However, it can be done in the short term and we can consider the various issues the Deputy raises. The legislation will go to pre-legislative scrutiny. I intend to take on board the various points the judge has made and which the justice committee discussed with her. I want to identify how we can move ahead effectively. Of course, I will have to have a consultation process with the other stakeholders.

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein)
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Can we make submissions?

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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Certainly.