Dan Boyle (Green Party)

Those who committed the murder last night of Constable Stephen Paul Carroll of the Police Service of Northern Ireland are pathetic, deluded and brutal fools and they do not speak in our name. That message must go out clearly throughout the island. That the establishment of the Garda Síochána Ombudsman Commission was a response to a model that has operated successfully in Northern Ireland is a coincidence of fact that does not mean we should ignore the seriousness or the consequences of this brutal murder.

As a Member of the other House, I spoke during the debate on the original legislation about the difference of approach of a three-person commission as opposed to the single-person model that was already operating successfully in Northern Ireland in the person of Ms Nuala O'Loan. The commission in the Republic has also operated successfully and I take this opportunity to record our thanks for its ongoing work. However, there has been and continues to be a reluctance among some in the Garda Síochána to acknowledge the necessity for and value of the commission. It is unfortunate that these views prevail, because they do not represent anything like a majority opinion within the Garda. It is a cause for concern that questions continue to be raised about the need for an independent policing of the police. The commission was established in the wake of a small number of incidents that questioned the validity of actions being taken by those who are there to enforce and guard our legal protections. That is why we need an ombudsman commission. I am glad it has operated successfully to date.

The purpose of today's motion is to facilitate the appointment of a new chairman of the commission. I join other Members in placing on record my appreciation of the exemplary work done by the proposed appointee, Mr. Dermot Gallagher, as Secretary General of the Department of Foreign Affairs, particularly his involvement in the negotiations leading to the Good Friday Agreement. It was my personal experience of him in that role that he was always open and willing to deal with Oireachtas Members on an individual basis rather than merely transferring inquiries to a principal officer or other departmental officials. In terms of his character, experience, ability and commitment, Mr. Gallagher represents a good appointment. While he has been subject to some level of media scrutiny in terms of his severance package on his retirement from the Department of Foreign Affairs, his subsequent action in opting for a lower remuneration for this important post says something further about his character.

Other Senators have proposed that we consider new procedures for such appointments in future. In this instance, however, the appointment must be proposed by the Minister for Justice, Equality and Law Reform, agreed by the Cabinet, sanctioned by both Houses of the Oireachtas and, finally, signed by the President. This is not the worst method of public appointment. There are other areas we should first look to improve. I would like to see a situation where the appointment of a new ombudsman or positions of that grade within the public service would be subject to a scrutiny procedure such as exists in the United States, where a joint committee or a committee of either House would have the opportunity of questioning the proposed appointments before the appointment is subsequently approved by both Houses. That is not an issue in this case. All this House needs to do is to welcome the appointment and to congratulate the efforts made by the other members of the commission, Ms Carmel Foley and Mr. Conor Brady in respect of the work of the commission. The legislation that will inform future changes to the commission will be based on the positive experiences of the people we have been appointed to this commission in the first instance.