Michael McDowell (Dublin South East, Progressive Democrats)

Senators will recall that I brought forward an amendment in this House on Committee Stage which inserted a new subsection (2) into section 114. This amendment provided as follows: "Regulations under subsection (1)(i) shall include provision for the establishment of promotion boards comprising 3 members, one of whom (but not the chairperson) shall be a member of the Garda Síochána". I decided to amend this provision further on Report Stage in the Dáil. I am now providing for the establishment of a panel of suitably qualified persons to be appointed by the Government from which the Minister will appoint the two non-Garda members of the promotion board, including the chairperson.

I said earlier in this debate that I have encountered on many occasions the wholly misguided notion that the Minister for Justice, Equality and Law Reform has some part to play in the process of promotion of members within the force. I want it to be very clear that the process is totally transparent and fully in accordance with regulations to be made under section 114. I also provided in amendment No. 123 that no person can be a member of the panel if he or she is, or ever has been a member of the Garda Síochána.

In the reports of the Morris tribunal, no recommendations were made as to how the matter of Garda promotions should be looked at in the future. However, the tribunal observed that "the system of promotion, in its experience, too often produces people who do not bring to the task the requisite level of enthusiasm, commitment and ability". That is a fairly hefty criticism of the system of promotion that exists at present. The tribunal suggested that this matter be examined by the Department, in consultation with the Garda Commissioner. While the tribunal did not make a specific recommendation in this regard, it is clear from the general thrust of a number of its recommendations that an Garda Síochána needs to look outside the force for new ideas and a fresh impetus on many fronts. I introduced amendments Nos. 123 and 124 for this reason.

An Garda Síochána will be well served by people with proven expertise in promotion techniques and succession planning within other organisations. The retention of a single representative of Garda management on promotion boards is sufficient to ensure that account is taken of the core requirements of the position in question and the "person specification" appropriate to that position. I have spoken to the Commissioner about the amendments I made in the Dáil in this regard. He has indicated that he has no difficulty with the provisions. It is obvious that it is useful, in many cases, to have a member of an Garda Síochána on a promotion board. Unlike outsiders, who may not have service experience, such a person can comment on the requirements of a position and the qualities which are necessary in the person filling it.

I have been contacted privately, for example during social occasions, by members of an Garda Síochána who believe that some groups within the force are on the inside track when promotions are being allocated. They do not allege that party political favouritism is displayed within the force when promotions are being decided. Just a few people hold that erroneous opinion. I am aware that there has always been a belief within the uniformed branch that detectives are on the inside track in respect of promotions. While I cannot make a useful comment on whether that perception is right or wrong, I want to make it clear that all members of an Garda Síochána are entitled to the psychological assurance that they will be assessed fairly, not by reference to some internal, unspoken, hidden or secret agenda or prejudice, when they put their names forward for promotion. That is what this set of proposals is all about.

It is obvious that people will argue that the Government is interfering in some way when it appoints promotion panels. They might suggest that the panel system is liable to abuse. We cannot extend the concept of transparency to a ridiculous length, however. There will be a sufficient level of transparency if, as I have proposed, the names of the persons who are placed on the promotion panel are the subject of public knowledge, debate and scrutiny. The regulations will provide that canvassing will, in effect, disqualify. Approaches which are made behind the scenes to either of the independent panellists or the Garda representative will be disclosed and discounted. We can deal with all such issues in a fair manner.

People are appointed to virtually every senior position in the Civil Service following an interview by a panel of outsiders, accompanied by a person from the Department who is expected to bring some reality to proceedings by giving an indication of the Department's view of the matter. Such a person is required to be present to ensure that applicants cannot get away with a complete bluff by misleading outsiders who have no idea what they are doing. Nobody has alleged that the system will be less fair because outsiders will be involved. This is a significant advance. We can ensure, by regulation, that any deficiencies which appear in the promotion process are remedied.