Jim O'Callaghan (Dublin Bay South, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

1. To ask the Tánaiste and Minister for Justice and Equality when a new Garda Commissioner will be appointed; and if he will make a statement on the matter. [44295/17]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

It is almost six weeks since the former Garda Commissioner retired. When will the Government appoint a new Garda Commissioner?

Charles Flanagan (Laois, Fine Gael)
Link to this: Individually | In context | Oireachtas source

As the Deputy is aware, the Policing Authority, under section 9 of the Garda Síochána Act 2005, as amended, has responsibility for nominating persons for appointment by the Government to the post of Garda Commissioner.

This will be the first time that the new legislative process will be utilised and I have consulted the chair of the authority about a process to identify and appoint a permanent Commissioner to An Garda Síochána. We are agreed that it is crucial that a deliberate and considered recruitment process takes place in order that the best possible candidate is appointed following a selection process. We are also agreed that an overly long delay in the appointment of a new Commissioner would not be optimal for the organisation in terms of performance or morale.

I am pleased to say the authority has commenced the ground work for the recruitment process in advance of the formal triggering of the statutory process by Government. I see this process taking a number of weeks during which the authority will engage with my Department and the Public Appointments Service, which will undertake the competition on behalf of the authority. Importantly, it will also allow the Policing Authority to explore with the Commission on the Future of Policing in Ireland how it sees the future role and responsibilities of the new Commissioner. As the Deputy is aware, the commission is undertaking a comprehensive review of all aspects of policing in the State and has considerable experience and expertise around the table in that regard. I very much welcome the willingness of the commission to share its perspective with the Policing Authority in advance of completing its work, which is scheduled for September 2018. This will assist in ensuring potential candidates will have as much information as possible on the future direction of policing in the State.

Subject to the progress the authority makes in the coming weeks I expect the Government to be in a position to formally approve the authority to invite the Public Appointments Service to conduct the selection process in the coming weeks. Once the process is triggered I anticipate that it will take between four to six months to identify and appoint a successful candidate.

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

As I said, it is six weeks since the former Commissioner stepped down and there have been conflicting signals coming from the various entities responsible for either nominating or appointing the next Commissioner. In the immediate aftermath of the retirement of the former Commissioner, the chairperson of the commission on the future of policing stated she believed it would be appropriate that a new Commissioner would not be appointed until such time as that commission had concluded its work. That caused concern among a number of people, particularly since it is envisaged that commission may take a considerable period of time to complete its work. At the time, there was talk about a period of delay of perhaps up to 20 months or so. As a member of the Joint Committee on Justice and Equality, I was there when the chairperson of the Policing Authority came in and she answered questions in respect of the appointment also. As the Minister mentioned, the Policing Authority has an invaluable role to play in this respect. She indicated she thought that would be too much of a delay.

The Government also has a very important role to play since itt appoints the person, on foot of the nomination of the Policing Authority. In particular, as the Minister is aware, under section 9(2) it is the Government that has to provide specific approval to the Policing Authority inviting it to allow the Public Appointments Service to commence the competition. When does the Minister think that role will be commenced by the Government?

Charles Flanagan (Laois, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I expect it will take place in the coming weeks. In that regard, let me assure the Deputy the selection of a new Garda Commissioner is a priority for me, as Minister for Justice and Equality, but also for all of my Government colleagues. It is, however, vital, and I invite the Deputy to agree with me, that we ensure the selection process put in place is one that will be capable of delivering the best possible candidate. The chair of the Policing Authority and I agree that the process must be approached in a careful and considered manner.

I am aware of the point the Deputy makes on the Commission on Future Policing in Ireland and the comments of the chair thereof. I again point out that the commission is not due to complete its work until September 2018. I am sure the Deputy will agree that it would not be in the public interest, or in the interests of An Garda Síochána, as an organisation or its members, to allow a state of uncertainty to surround the leadership of the national police service for such a lengthy period of time. I am pleased to say from my engagement with the chair of the commission, Ms Kathleen O'Toole, that I know she shares my concern that a careful and deliberative approach is taken in the recruitment process in order that the best possible candidate will be selected and my concern that the process should not be prolonged beyond a reasonable timeframe. I welcome the willingness on the part of the chair to bring the commission's wealth of experience and expertise to the process being undertaken by the Policing Authority and I share the Deputy's view that we should not allow an inordinate period of time to pass before filling this important position.

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I welcome the Minister's comment that there should not be an undue delay. I also agree with him when he says the selection process should be designed in such a way that it will result in the best possible candidate being selected. However, when we look at the legislation, it gives some cause for concern. The legislation introduced by the former Government in 2015 provides that there must, first of all, be a competition run by the Public Appointments Service to identify who is the best candidate. The Government sees great merit in competitions being run by the Public Appointments Service. They are of questionable benefit and sometimes competitions do not result in the best and most appropriate candidate. What does the Minister believe should be the basis of the competition being run by the Public Appointments Service? Is the Government or the Policing Authority going to have any say in respect of that competition? Is it the case the Public Appointments Service is simply going to come back stating it ran a competition and here is the winner and then the Policing Authority and the Minister will be bound by that decision? We need greater selection appraisal than simply running a competition before we appoint the highest police officer in the State.

Charles Flanagan (Laois, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I have made it clear as regards the process that I would like it to be broadly based. I also made it clear that as far as the Government is concerned we are not ruling in or not ruling out anybody in the course of the selection process for the next Garda Commissioner. The selection of the next Commissioner is a job for the Policing Authority. I am sure the Deputy will agree that what is essential is that we can ensure the best possible candidate is appointed, whether he or she a candidate internally or externally from the international stage. The Government is supportive of the authority in that regard. I am in agreement with the Deputy when I say that simply to rush matters at this stage to have a person in the post would be mistake. I believe it is important that we allow the authority adequate time to complete its own preparatory work, including, as I said, the engagement with my Department and the Public Appointments Service which, as the Deputy has pointed out, is an important part of the process.

This will take a matter of weeks. I envisage that we will be in a position to trigger the formal process in a few weeks, but I do not believe this timeframe is unduly long by comparison with the time normally taken to fill top-level posts across the public service. I will be happy to keep the Deputy fully informed of the developments in that regard.