Michael McDowell (Dublin South East, Progressive Democrats)

In chapter 9 of the second report of the Morris tribunal, the tribunal refers to the absence of structures for dealing with corruption at a most serious level. The tribunal also referred to the proposals of Garda headquarters to set up a body to which, on a confidential basis, difficulties and possible irregularities could be reported. The tribunal suggested this particular initiative should be seen as a means of removing corruption but pointed out that it should be supported and strengthened.

I referred earlier to my proposal for a professional standards unit. This is part of my effort to support Garda management in identifying new structures that would make it more difficult for such scandals of corruption as appeared in Donegal to reoccur in the future. This particular proposal was brought forward in light of the recommendation in the report of the Garda Commissioner following the publication of the first Morris tribunal report. I mentioned this earlier in the context of amendment No. 36, which provides for the establishment of a professional standards unit within the Garda Síochána on a statutory basis. In that same report, the question of anti-corruption and whistleblowing charters was also addressed. The report recommended that a whistleblowing charter should be introduced to provide a forum for the reporting of corruption and malpractice within the organisation.

In meetings between my officials and the Garda Representative Association on the Bill, the question of a whistleblowing charter was also discussed. This arose in the context of the association's request that members of the Garda Síochána should be able to avail of the services of the ombudsman commission for the purpose of making complaints about members of more senior rank. The association took the view that members would be very unlikely to make a complaint against a more senior officer using the internal grievance procedure as there would be concerns for the member's future career prospects within the force in the event of their complaint not being upheld. As an alternative to the ombudsman commission, the association suggested the establishment of a whistleblowing charter.

Throughout the debates in the Dáil, the Labour Party has also been very strong on the need for a whistleblowers charter within the force. I reflected on the matter and on the concerns expressed by the Garda Representative Association, which represents the most junior rank in the force and where concerns are most sensitive. Following the debate on Committee Stage in the Dáil, I decided to include a new provision in the Bill dealing with regulations relating to reporting corruption and malpractice in the Garda Síochána.

The details of how the charter will operate have yet to be worked out by Garda management and the Department. However, the inclusion of this provision in the Bill will ensure that the necessary arrangements are put in place at the earliest time possible. Determining how to implement this will be part of the programme of work that Senator Maurice Hayes's implementation committee will undertake.

It is important that considerable thought is put into this as people must have confidence that matters will be dealt with confidentially. It must also be a system that cannot be abused in an utterly malicious way. The exact tweaking of those two opposite considerations will require a good deal of thought.

This provision will be given priority by the Department and the implementation oversight group of Senator Maurice Hayes. We will come up with a decent arrangement to deal with problems and corruption that cannot be dealt with by an ordinary report or a grievance report. This will apply to any member of the force who believes there is something seriously wrong further up the pyramid or at his or her own level. Members of the force will not feel their careers are at risk by ventilating in an appropriate manner to someone in a position to do something about it, if the information shows there is corruption or malpractice in the force.

I am supportive of this proposal and I favour giving it a statutory basis. We could have attempted to proceed without a statutory basis but it is now a major item on the agenda because it is in statute form. This also pulls the rug from under someone who claims that the provision is contrary to the proper discipline of the force. If this measure did not have a statutory basis I can imagine someone arguing that it subverts the authority of the Garda Commissioner and that there is no implied authority for it in the Act. Now there is express authority for it.

Critics may ask to be shown exactly how this will work. Although I cannot demonstrate how, I am confident it will work and that the system will deliver to ordinary members of the Garda Síochána the proper means to blow the whistle on reasonable suspicion of corruption and malpractice.