Brian Lenihan Jnr (Dublin West, Fianna Fail)

The Chair calls and I am delighted to speak. I commend the amendment to the House. Earlier this month the Minister published the second report of the Morris tribunal which dealt with two issues, namely, the Garda investigation into the death of Richard Barron, and the making of extortion phone calls to Michael and Charlotte Peoples. There was a connection between the issues and Mr. Justice Morris dealt with them together.

The report makes for shocking reading and right-thinking people have been appalled at the events it has uncovered. The Government has accepted the findings of the second report, as it did the findings of the first report. I thank the Senators who have spoken so far for the constructive tone in which the debate has been conducted. It is easy to imply political responsibility in this matter, but the reality is that the wheels of justice run very slowly. Successive Ministers for Justice have attempted to address these issues.

The people of this State were let down badly by the behaviour of a number of gardaí of different ranks in Donegal. Among those most troubled by these findings are the majority of men and women in the Garda Síochána who give loyal and dedicated service to the State. As the Minister said on the publication of the second report, it is difficult to overstate the disservice done to the ordinary decent members of the Garda Síochána by the type of misconduct outlined in this report.

Mr. Justice Morris and his team are owed a great debt for the work they have done to date. They are to be commended for getting as near as anyone could to establishing the terrible truth of what happened. I commend Mr. Justice Morris for undertaking this great work of public service. After a long and distinguished legal career — he served in the High Court and was, ultimately, President of the High Court — he embarked on this inquiry, which must be as distasteful to him as it is to us.

Neither the Minister nor the Garda authorities have been found wanting since the first and second reports of the tribunal were published. Action has, is and will be taken by the Government and by the Garda Commissioner against those in the force who were found to have been guilty of serious wrongdoing and negligence.

Dealing with individual wrongdoing is only one aspect of the matter, albeit important. It is also necessary to look at the structures and statutory framework under which the Garda operates. The Minister stands by the overwhelming majority of honest and decent members of the force by bringing forward the reforming measures they and it need to address the challenges of this century. One of the major priorities of the Minister since his appointment has been to undertake a programme of the most comprehensive reform of the organisation and structures of the Garda Síochána since the foundation of the State.

That has resulted in the Garda Síochána Bill which was initiated in the Seanad. Since the Bill was published, the Minister has introduced and accepted many changes to it as it has progressed through the Oireachtas. It has benefited from this process and this will make for more robust and effective legislation. It is to the Minister's credit that he embarked on this wide-ranging exercise embodied in the Garda Síochána Bill before the report of this particular module of the Morris inquiry. This shows he is more than aware of the concerns the public and he, as Minister, feel require addressing in this context.

The Minister proposes to bring forward further amendments to the Bill in light of the findings and recommendations of the second Morris report. These will be published shortly. The Bill is currently before the Dáil but the Minister intends to have it back before this House before the summer recess so it can be enacted without delay. He believes that to be fair to the majority of loyal and hard-working members of the Garda Síochána. This is the least we can do. It is also necessary to take account of the excellent work done by the Morris tribunal.

The proposals for legislative reform are based on two very important principles. The first is that the accountability of the Garda must continue through the Minister of the day to Dáil Éireann. The second is that the measures should underpin and enhance public confidence in the force.

One of the new additional amendments to the Bill being proposed will require gardaí to account for their actions as members of the force. It had been intended to include this in the Garda disciplinary regulations, but it is now intended to enshrine this duty in the Garda Bill. Breach of the duty will carry a sanction up to and including dismissal. This new duty has been identified as a crucial necessity by the tribunal and this proposed amendment to the Garda Bill will be a key response to the findings and recommendations of this module of the tribunal.

Given the principles which have informed the Minister's approach to legislative reform, Senators will appreciate that he is not prepared to agree to the proposals in the Labour Party's motion. They differ significantly from how the Government sees progress being made in this area. There would be no tangible advantage at this stage in a policing commission touring the highways and byways seeking opinion on proposals for reform of policing. While there may have been merit in this idea in the past, the view of the Minister when he assumed office was that there had been enough talking and that it was time for action.

Senators will appreciate that as Attorney General, the Minister already had cognisance of this distasteful affair. I say it for the record that the Minister's conduct as Attorney General in this matter is entirely unblemished. I regret the criticisms that were made in that regard. Clearly he acted with expedition in this matter. Any obstacles which were placed in his path existed by virtue of the law of the State and the Constitution. He did everything in his power to expedite this matter and to ensure that a resolution to it was obtained.

The proposals in the Garda Síochána Bill reflect the outcome of a thorough process of review and consultation. The operation of the force was reviewed as part of the Government's strategic management initiative. Some key principles for the future management of the force, which were outlined in the report that followed the review, have been taken on board. The report stressed the need for clarification of the roles and functions of the Minister and the Garda. It recommended that operational responsibility, including financial responsibility, should be assigned to the management of the Garda. It suggested that the force's level of democratic accountability be enhanced. According to the report, such changes need to be achieved in an open and transparent fashion.

The Minister, Deputy McDowell, has always been conscious of the need for wide consultation on the Garda Síochána Bill. When he published the general scheme of the Bill in July 2003, he invited submissions from interested groups and the general public. He consulted Garda management and held meetings with a number of Garda associations. He discussed the draft proposals with the Joint Committee on Justice, Equality, Defence and Women's Rights and listened to the views of members of the committee on the proposals. The Minister is grateful to those who expressed views on the general scheme of the Bill. He is anxious to avoid the danger of talking for ever without making progress.

I was delighted to hear Senator Maurice Hayes say that while improvements could be made to the Garda Síochána Bill, which contains concrete legislative proposals, he understands the importance of reforming the Garda's management structure as soon as possible as a matter of priority. The Minister does not accept the argument that a policing commission is needed to identify the structures which are necessary in the interests of accountability. The way forward for the force is set out in the measures included in the Bill, which will put in place accountability structures appropriate to our democracy and political system. It is time for the Oireachtas to take action. We do not need a policing commission. I support the Minister's request to Senators to support the measures in the Bill when it comes before the House. The Bill is needed if we are to give the Garda the structures and accountability framework it requires and deserves if it is to continue its proud tradition of serving and protecting the people of the State and earning and retaining their confidence.

I do not propose to mention every reforming measure in the Garda Síochána Bill. I will refer to a few of the most important measures, which will provide the accountability that is necessary in our democracy. The Bill provides for the establishment of a Garda ombudsman commission, which will independently investigate complaints against members of the force. This new body, which will replace the Garda Complaints Board, will have the power to investigate complaints of serious wrongdoing by members of the force. Its powers will be modelled on those of the police ombudsman in Northern Ireland. The commission will be able to recruit investigators from abroad, enter Garda stations to seize documents and, if necessary, arrest members of the force. The Minister is determined that the commission will have the resources it will need to do its challenging job. He is confident that the establishment of a new and independent investigation complaints authority will underpin public confidence in the force.

I have not heard any serious criticism of the powers or resources to be assigned to the ombudsman commission. Some people have expressed concerns about its structure, however. Senators are aware that the Minister is opposed to the idea of a one-person commission. I do not doubt that this aspect of the matter will be discussed when the Garda Síochána Bill comes before the Seanad. The Government was influenced by a number of considerations when it decided to establish a three-person commission. Contrary to the suggestions of some commentators, it is not the case that multi-person ombudsman commissions, such as the three-person body to be established in this jurisdiction, are unusual. Multi-person ombudsman commissions are in place in Canada and Britain. Members of the commission are entitled to be absent for good reasons. The work of the body should not come to a halt if one of its members is indisposed or taking a holiday. There are good reasons for determining that there should be more than one person on the commission.

I would like to speak about the ombudsman model in operation in Northern Ireland. It must be remembered that the Police Service of Northern Ireland is a regional constabulary. It covers a relatively small geographical area and comprises 7,500 police officers. The Garda Síochána, on the other hand, is the police force of a sovereign state and covers a much more substantial territory. The Minister anticipates that the force will soon have 14,000 members. The equivalent commission in Britain has nine members. It would not be appropriate to provide for such a large membership in a jurisdiction of this size. There is a need to strike a balance.

In making his decision on the composition of the proposed ombudsman commission, the Minister for Justice, Equality and Law Reform did not seek to detract in any way from the position in Northern Ireland. He was charged with bringing proposals before the Government, which had to decide on the appropriate number of members of the commission. I do not doubt that tremendous progress has been made in policing in Northern Ireland since the ombudsman in that jurisdiction took office. The positive changes on the other side of the Border should not distract us from the need to put in place a structure that is appropriate to this State's current stage of development. The shared view of the Minister and the Government as a whole is based on a balanced assessment of what is required in this State at this time. There is no single correct model. The decision to create an ombudsman commission with more than one member will have compensating advantages.

The Minister has decided that he is disposed in principle to providing that one member of the ombudsman commission will be deemed to be its head. It is desirable that one of the members of the commission should be identifiable as its leader. Such as person will act as the chair of the commission. The Minister will table an amendment on Report Stage in the Dáil to give effect to this decision. While it is desirable that the commission should have a chairperson, the Minister does not accept that the only proper formula is a one-person ombudsman commission. The Minister does not want his opinion to be considered as a criticism of the arrangements in Northern Ireland, as I have said. He has made a decision on the basis of his and the Government's assessment of what is appropriate in this jurisdiction.

I would like to mention another reforming measure at this point. The Minister decided, on foot of a specific recommendation in the first report of the Morris tribunal, to amend the Garda Síochána Bill to provide for the establishment of a Garda inspectorate. One of the roles of the inspectorate, which will examine and report on the force's effectiveness and efficiency, will be to promote public confidence in the Garda. Such confidence is indispensable if the force is to carry out its duties successfully.

The establishment of the Garda ombudsman commission and the Garda inspectorate, along with the Bill's general reforms of the Garda and its relationship with the Government, will transform the force's system of accountability and oversight. The Minister has underlined his commitment to introducing the changes set out in the Garda Síochána Bill by appointing a committee, to be chaired by Senator Maurice Hayes, to oversee the implementation of the legislation as soon as it is has been enacted. The Minister has asked the committee to report to him by the end of this year.

The Labour Party has called yet again for the establishment of a police authority. It is natural that people are impressed with the work that has been done by the Patten commission. I refer in particular to the commission's seminal report on policing in Northern Ireland. Who could not be impressed with the report, which was a major undertaking, and its recommendations? As the Minister has said in this House and in the other House, however, we should be careful about applying recommendations which were drawn up in the specific context of the proper development of the policing function in a divided and polarised society to circumstances in which such considerations do not arise. The creation of a police authority in Northern Ireland was recommended by the Patten commission. It made sense in light of the need to accommodate and give a voice to the various strands of political opinion there.

I am aware that other states have police authorities. The idea of regional police authorities may have some merit in England and Wales, where there are over 40 regional constabularies. There is just one police force in Ireland, however. It is a basic principle of democracy that a police force should be accountable to the democratically-elected representatives of the community it serves. The best way to provide for that in this jurisdiction is to do so directly, through immediate and effective procedures which ensure ministerial accountability to the Parliament. Police forces which are organised on a regional level are normally accountable to the appropriate local government representative. Police forces which are organised on a national level are normally accountable to a minister in the central government. That is the case in respect of the FBI in the United States, the Royal Canadian Mounted Police in Canada and the police forces in most EU member states.

A fundamental distinction needs to be made between this State and Northern Ireland. Responsibility for security and policing matters was not devolved to the structures which were established under the devolved arrangements which were put in place in Northern Ireland under the Good Friday Agreement. Political responsibility for the police force in this jurisdiction rests with the Minister for Justice, Equality and Law Reform, who is accountable to the Dáil for every garda stationed between Malin Head and Mizen Head, or between Rosslare and Erris. We cannot ignore that fact when we are devising legislation that deals with the Garda.

The Minister considers that the role of Members of the Oireachtas in respect of the Garda should be strengthened rather than weakened. We need proper oversight by the representatives of the people over the Garda, which has been given the significant powers it needs if it is to tackle those who will not abide by the rules of our democratic society and who undermine that society with criminal behaviour. Such powers are uniquely entrusted to our police force. Given the nature of these powers, it is appropriate if not essential in a democratic society that our police force should be accountable to the highest law making and executive authorities of the State.

Surrendering or diluting in any form the oversight role that the Government and the Oireachtas, as the representatives of the people, have in regard to the Garda Síochána, and the accountability the Garda Síochána has to the Minister, and through him to the Oireachtas, is not in the best interests of the State. The way forward is not to hand over responsibility for the Garda Síochána to an unelected, unrepresentative and, ultimately, unaccountable policy authority.

Returning briefly to the specific recommendations of the tribunal reports, I assure the House on the Minister's behalf, that they are being taken forward without delay. There are already developments well under way to address many of the issues identified in the reports in regard to matters falling within the responsibility of the Garda Commissioner. In particular, at the Minister's request, the Garda Commissioner undertook a comprehensive review of the findings of the first report and its implications for the management of the force. This review covered nine specific areas. It is now complete and the Commissioner has published his proposals for management reform within the force.

I thank Senators for their contributions to date and I look forward to this debate.