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Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight: Discussion (14 May 2014)

...committee represent the 12 ways that amendments to the Garda Síochána Act 2005 would most affect our ability to do our job effectively. The proposals in the submission focus on improving the capacity of GSOC to effectively achieve resolution of issues on strengthening GSOC's independence - a crucial characteristic of any oversight agency - which has been perceived as compromised...

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight: Discussion (14 May 2014)

Ivana Bacik: ...organisations have views. I know that views were expressed at the time. My next question relates to something that Mr. Mark Kelly was speaking about when I came back concerning the powers of GSOC to investigate particular matters. I will not go into the allegations that were at issue in the Guerin report, as those will be the subject of a commission of investigation. However, chapter...

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight: Discussion (14 May 2014)

Alan Farrell: I will come back to GSOC. I stepped out for a few minutes and then came back. I think I missed a critical piece of information about GSOC's view of the possibility of discussing or implementing the dual function of both GSOC and the Garda Inspectorate and how amalgamating those two bodies-----

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight: Discussion (14 May 2014)

Niall Collins: The delegates from GSOC have previously outlined to this committee and in several media appearances instances of high-level non-co-operation and low-level non-co-operation from An Garda Síochána when GSOC is processing and investigating complaints. Will Mr. O'Brien indicate what progress has been made in this regard and whether the situation has improved to GSOC's satisfaction?

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight: Discussion (14 May 2014)

Pádraig Mac Lochlainn: I have a second question for GSOC. We will have a presentation this afternoon from Dr. Richard O'Flaherty from Limerick. Are there any lessons to be learned in that regard? He has brought matters to the attention of GSOC. They have dragged on for three years. He will present based on his experiences. Does GSOC have any reflections on the issues he has brought to its attention?

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight: Discussion (14 May 2014)

...our submission on the effectiveness of the legislation related to the oversight of An Garda Síochána including, in particular, the powers and remit of the Garda Síochána Ombudsman Commission, GSOC. This presentation will give a broad overview by focusing on an abbreviation of extracts from the association’s submission. The views expressed in this submission...

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight: Discussion (14 May 2014)

Ivana Bacik: ...Liberties has been seeking. We are tasked with looking to the 2005 Act and its provisions on oversight. One of our focus points, particularly since this morning, is the relationship between GSOC and the inspectorate. Mr. Olson and others may have views about this as well. If GSOC is given the strength and powers it seeks, and if we establish as intended an independent policing...

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight: Discussion (14 May 2014)

...I am not suggesting that we throw out the requirement for proof. There is a need to make sure someone sets out what the person against whom a complaint has been made can expect, what we can expect GSOC to do and how it should approach an investigation. We have no objection to that and we agree that such a charter should be set out. The Deputy also mentioned the cost to the...

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight: Discussion (14 May 2014)

Ivana Bacik: To clarify, individual complaints can give rise to findings or conclusions by GSOC that there have been systemic issues of neglect of supervision or poor supervision and that can apply at more junior ranks as well as at senior level. Currently, given the questioning we have had over the morning, does GSOC have a problem in dealing with those systemic issues because of the existence of a...

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight: Discussion (14 May 2014)

Mr. Mark Kelly: Again, I have the disadvantage of not having seen the inspectorate’s submission. I do not see it so much as a merger of the Garda Inspectorate and GSOC. I would see it more as an assumption by GSOC of some of the powers and functions that are currently vested in the Garda Inspectorate, but the question then immediately arises as to whether there are other powers and...

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight: Discussion (14 May 2014)

Katherine Zappone: GSOC's written submission states that it "rightly" has a reporting requirement to the Department of Justice and Equality. How does GSOC wish to see its relationship with the Department in the future and how would it envisage its accountability and oversight arrangements?

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight: Discussion (14 May 2014)

Katherine Zappone: I have one more question for AGSI. Mr. Redmond noted in his presentation today that GSOC should not have a role as a confidential recipient. Does he envisage that GSOC should have any role regarding whistleblowers?

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight: Discussion (14 May 2014)

Dr. Richard O'Flaherty: That is all I can tell the committee. That is how happy the state of GSOC is when gardaí are being used to investigate cases. It is totally unacceptable that they are allowed inside the GSOC door.

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight: Discussion (14 May 2014)

Mr. Mark Kelly: Again, the Deputy might have been out of the room when we looked at that. We think it should ultimately go to GSOC. In the pages of the Guerin report, we see how the statutory inability of GSOC at the moment to receive complaints from serving officers is very deleterious.

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight: Discussion (14 May 2014)

...Garda Síochána Act 2995 adopts too narrow a definition of cases under the automatic and mandatory jurisdiction of the Garda Síochána. Where complaints are related to acts not resulting in death or serious harm, GSOC may refer such complaints to the Garda Commissioner for investigation. GSOC may decide to supervise such investigations but it is under no legal...

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight: Discussion (14 May 2014)

...has been completely undermined. I have one footnote point to make concerning the retention of the confidential recipient role. It is fair to acknowledge that there will be a trust issue vis-à-visGSOC in the immediate future on the part of certain Garda members concerning bringing forward allegations that go to GSOC. In our view, it is appropriate that the protected disclosures...

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight: Discussion (14 May 2014)

Pádraig Mac Lochlainn: Obviously, there is consensus among the presenters today and our members on an independent policing authority, strengthened powers for the Garda Síochána Ombudsman Commission, GSOC, and so on but I want to focus on areas on which there does not appear to be consensus. My first questions are for the GSOC representatives. They make the point about efficiencies and that there are...

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight: Discussion (14 May 2014)

Pádraig Mac Lochlainn: It might be useful if the Garda Inspectorate, and possibly GSOC, could make a submission to this process around the international practice. Why should the two organisations continue to exist? How can they complement each other's work? In fairness, Mr. Olson goes some way in that direction in his submission but with the contribution of the Irish Council for Civil Liberties, it would be...

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight: Discussion (14 May 2014)

Katherine Zappone: ...that he has forwarded to us. I have carefully read his submission and listened to his helpful consolidation in his presentation today which leads me to ask the following. How do his members view GSOC? What is AGSI's view of the role of GSOC?

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight: Discussion (14 May 2014)

Mr. John Redmond: There is very clearly one thing. Of course there is the day-to-day workings of GSOC. They are the protocols which were agreed originally between the Garda Commissioner, at the time, and the ombudsman commission. In our view the association should have been made aware of the protocols before they were agreed, or asked its opinion on the protocols which would be agreed, or...

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