Conor Lenihan (Dublin South West, Fianna Fail)

Before I speak to the motion on the appointment of the chairperson of the Garda Síochána Ombudsman Commission, I wish to place on the record of this House my sympathies to the family, friends and colleagues of Constable Stephen Paul Carroll of the Police Service of Northern Ireland who was murdered last night in Craigavon. His murder is not only a denial of his individual human dignity and right to life but it is an assault on the Irish people as a whole who have, in voting for the Good Friday Agreement, rejected violence, endorsed the principle of consent and unequivocally declared democratic means to be the only means of political discourse on this island.

Not unnaturally Members of this House will welcome the Taoiseach's assertion that the perpetrators will be hunted down and brought to justice for this appalling act, as will those responsible for the terrible murders of the two British soldiers in recent days.

Following the untimely death of Mr. Justice Kevin Haugh, the Government at its meeting of 3 February decided to nominate Mr. Dermot Gallagher to replace Mr. Justice Haugh as chairperson of the Garda Síochána Ombudsman Commission in accordance with the Garda Síochána Act 2005.

On my own behalf and that of the Minister, Deputy Dermot Ahern, and the Government, I place on the record of this House our sympathy for Mr. Justice Haugh's family and friends. He was the founding chairperson of the ombudsman commission. He worked energetically to get the commission up and running. He was not satisfied that it should perform its tasks in a perfunctory manner and was tireless in his efforts to ensure that the staff of the commission worked to the highest standards. He was known at the Bar Council for his learning. He put that learning and his discernment to good use and to Ireland's credit during his time at the administrative tribunal of the United Nations. His friends and colleagues will, no doubt, however, miss him most for his engaging company and great good humour. Ar dheis Dé go raibh a anam dílis.

The Garda Síochána Act 2005 reformed the legislative basis of policing in Ireland. Its overall thrust was to reform policing in a manner that enhances the accountability of the Garda Síochána while at the same time provide it with greater independence in the fulfilment of its role. As Accounting Officer, the Garda Commissioner is now responsible for expenditure of the Garda Vote, for which he is directly answerable to the Committee of Public Accounts. Responsibility for the employment of the civilian staff of the Garda Síochána has transferred from the Department of Justice, Equality and Law Reform to the Garda Commissioner.

The Act also provides for the Garda Inspectorate which acts as a driver of efficiency and effectiveness for the Garda Síochána as it benchmarks the performance of the force against comparable police services and international best practice.

One of the most significant and most important changes instituted by the 2005 Act was the establishment of the Garda Síochána Ombudsman Commission. In particular, it replaced its forerunner, the Garda Síochána Complaints Board. The members of the board over the years and all the staff who served there are to be thanked for their commendable work. The replacement of the board is in no way a reflection of the quality of their efforts, rather it is recognition of the weaknesses in the legislation under which they operated.

As the body charged with handling complaints against members of the Garda Síochána, the ombudsman commission is empowered to independently investigate complaints against Garda members. It has also been conferred by the Act with policing powers of arrest and detention. The commission's role and values are summed up in the words contained in its official logo, that is, "inquiry", "independence" and "impartiality".

The ombudsman commission has been in operation since May 2007 and has received just over 5,000 complaints to date, 3,539 of which have been finalised.

I know there is much interest in the work of the ombudsman commission and, in particular, in certain cases it has dealt with, as well as other cases it is currently pursuing. However, as it is a fully independent body it would not be appropriate for me to comment on the specific facts or other elements of any particular case handled by it.

With regard to staffing matters, there are 98 sanctioned posts in the ombudsman commission, not including the three commissioners and four seconded Garda Superintendents.

The ombudsman commission has invested heavily in the training and development of its staff. In that area it has worked extensively with the University of Portsmouth and King's Inns in developing state-of-the-art training for its investigative staff in particular. Its budget allocation for 2009 is over €11 million, which represents a significant investment on the part of the State in the commission and also reflects the importance of the functions that are involved.

Arising from the experience of its initial period of operation, the ombudsman commission has brought forward a number of proposals for amendments to the provisions of the 2005 Act governing the investigation of complaints against serving members of the Garda Síochána. The proposals made by the ombudsman commission are still under discussion with the commission itself and with Garda Síochána authorities. The issues concerned involve considerable complexity, not only from a legislative standpoint, but also from an operational one and require careful consideration by all parties concerned. However, work has been done towards preparing the necessary statutory amendments and the Minister for Justice, Equality and Law Reform, Deputy Dermot Ahern, is hopeful any outstanding issues will be resolved quickly and that he will shortly be in a position to bring forward legislative changes to Government for sanction.

The appointment of members of the Garda Síochána Ombudsman Commission is dealt with by sections 65 and 66 of the Garda Síochána Act 2005. There is a specific formality about the appointment provisions which marks the importance of the commission and its independence. In that context, it should be noted that the Act requires the President, Ms. Mary McAleese, to make the appointment. Aside from members of the Government and the Judiciary, a very limited number of public appointments are made directly by the President.

While a person is nominated for appointment as a member of the commission by the Government, it is a requirement that any such appointment must be approved by the Oireachtas in the form of the passage of resolutions by the Dáil and the Seanad recommending the particular appointment. This is the purpose of the resolution which is before this House today.

The first members of the commission, Mr. Justice Kevin Haugh, Ms Carmel Foley and Mr. Conor Brady, were appointed for a six year term with effect from 12 December 2005. There was unanimous support in both Houses for those appointments. I sincerely hope this will also be the case today in respect of Mr. Gallagher, whose appointment received unanimous support in the other House last week.

The tasks of the chairperson of the Garda Síochána Ombudsman Commission are wide-ranging and demanding. They include overseeing the investigation of complaints of misbehaviour on the part of members of the Garda Síochána, the exercise of policing powers by the commission, the management of a large-scale caseload and the supervision of the operation of the relevant provisions of the Garda Síochána Act. These, and the other challenges of the office, require a chairperson of excellent judgment in decision-making, proven management skills and the ability to lead a team of fellow commissioners, investigators and administrative staff.

In Mr. Dermot Gallagher the Government has nominated a public servant who has served this country with great distinction for many years as a senior diplomat and in other fields of public administration. In that regard, the Government is fully satisfied that Mr. Gallagher has the necessary capacity and qualifications to make an excellent chairperson of the ombudsman commission. As Members of this House will be aware, Mr. Gallagher recently retired as Secretary General of the Department of Foreign Affairs. He also previously served as Secretary General in the Department of the Taoiseach. At Secretary General level, which is the very highest post in the Civil Service, he managed the work of two Government Departments at the heart of Government with broad and complex remits.

Mr. Gallagher is one of Ireland's most distinguished public servants. In particular, he played a central role in the negotiations which led to the conclusion of the ground breaking 1998 Good Friday Agreement. As a Minister of State in the Department of Foreign Affairs until a year or two ago, I saw at first hand the diligence, acumen, judgment and leadership skills he can bring to bear as chairman of the ombudsman commission. He is undoubtedly one of the most senior and distinguished diplomats and administrators this country has produced and I know that from personal experience. He has often acted to restrain people and ensure proper public decisions are made, and that is the character of the man. I knew him for many years preceding my period as a Minister of State and he is the person who is fit for purpose in terms of this particular appointment. He will add to the distinguished record of his distinguished, now deceased, predecessor.

Section 66(6) of the Garda Síochána Act provides that a person appointed to fill a vacancy following the death of a member of the ombudsman commission shall hold office for the remainder of the term of office of the replaced member. The new appointee will, therefore, only serve until 2011. Given the importance of the post and the limited duration of the appointment, the Government decided the position should be filled without delay. It should also be noted that the nomination process adopted in the case of Mr. Gallagher is very much the same as that which was followed when the first members of the commission were nominated by the Government in 2005.

I would like to mention another aspect of the terms of appointment. There had been some speculation regarding the remuneration for this appointment. The House should note Mr. Gallagher has offered to take on the position at an annual salary of €90,000. This will result in a saving of €153,000 per annum for the Exchequer. It should be noted that had Mr. Gallagher not retired from the Department of Foreign Affairs and remained as its Secretary General he would have earned €253,000. If he had been a High Court judge like his predecessor he would have earned €243,000. At a salary of €90,000 he is returning and giving great value to the State in this important role.

The role of any police force is extremely challenging. At its core is the prevention and detection of crime and the maintenance of public order. The role frequently brings gardaí into contact with members of the public in what are often difficult circumstances. To carry out their tasks, gardaí are given extensive powers, including powers of arrest and detention. These powers, although used in challenging and often dangerous circumstances, must be exercised in a lawful and proportional manner.

The Garda Síochána Ombudsman Commission has been established to investigate complaints of misbehaviour by members of the public on the part of gardaí. It too has a very demanding role. The highly skilled and dedicated staff of the commission require a chairperson equal to the challenges of the brief. The Government considered carefully the question of whom to nominate to the post of chairperson. In Mr. Dermot Gallagher the Government is satisfied it has found a public servant with an outstanding record of achievement who clearly has the intellectual capacity, expertise and personal dedication to lead the Garda Ombudsman Commission.

I regard myself as an energetic Minister of State, but I was consistently surprised at the long hours worked by Mr. Dermot Gallagher in the Department of Foreign Affairs and I know he will bring this tradition of strong work to this role. In these circumstances I am happy to recommend the adoption of this motion to the House.