Tim O'Malley (Limerick East, Progressive Democrats)

I oppose amendments Nos. 107 and 108. Amendment No. 107, at the very least, leaves open the possibility for complaints to be made based only on hearsay. I have no doubt that it would also lead to the making of frivolous and unwarranted complaints to the commission. It would be entirely unsatisfactory to leave open the possibility for any person, upon hearing in passing of an alleged instance of misconduct, to make a complaint to the ombudsman commission.

The provision in the Bill, which defines complaints extensively, is reasonable and sensible. Since it includes any member of the public, there are no age or citizen thresholds. If the complainant cannot make the complaint in person, he or she can make it through any other person and there are no restrictions as to who this other person might be. This allows for the possibility, for example, that a parent, guardian, sibling, child, other family member, friend, teacher, lawyer, priest or some other chosen person can present the complaint.

The provision is as wide as it can be. The only requirement in the case of a complaint being made on a person's behalf is that the complainant must give written and oral consent that the complaint be made on his or her behalf. Moreover, this formality may be dispensed with if the person who wishes to make a complaint is incapable of giving consent because of age or mental condition. There is deliberate intention behind the use in section 75(1) of the words "directly affected" and the reference to a person who has allegedly "witnessed" bad conduct. The purpose is to rule out the making of complaints on the basis of indirect observation through, for example, a video transmission or other such medium.

Regarding amendment No. 108, the purpose of the Bill is to provide a framework for the making of complaints by members of the public against members of the Garda Síochána. A member of the public, for these purposes, cannot be a member of the Garda Síochána. It is not appropriate for this mechanism to be opened up to allow members of the force to make complaints against other members.

Apart from that policy ground, it would open up the prospect that every dispute, rivalry and disagreement within the force would be liable to be referred to the ombudsman commission for consideration. As the Minister has indicated, members of the Garda Síochána should bring such matters to the attention of a senior officer so that they may be dealt with in accordance with Garda disciplinary regulations.

The concerns of a member of the Garda Síochána could well come to the attention of the ombudsman commission in a different manner. Section 94(4) provides:

The Ombudsman Commission may, if it appears to it desirable in the public interest to do so and without receiving a complaint, investigate any matter that appears to it to indicate that a member of the Garda Síochána may have——

(a) committed an offence, or

(b) behaved in a manner that would justify disciplinary proceedings.

Moreover, section 94(5) gives the Minister certain powers that would be exercisable in these types of cases.

Section 107 provides that the Minister may make regulations concerning the maintenance of discipline in the Garda Síochána. Subsection (3)(a) stipulates that these regulations may provide for the procedures to be followed if, "it appears or is alleged that an act has been done or omission made that may be the subject of disciplinary action." I understand the Minister has every intention of updating the existing disciplinary regulations and making the regulations provided for under section 107.