Jim Walsh (Fianna Fail)

Cuirim fáilte roimh an Aire Stáit go dtí an Teach chun an rún seo a phlé. Cosúil le gach éine eile atá tar éis labhairt ar an rún, táimid ar aon aigne leis an rún os comhar an Teach. The Garda Síochána Ombudsman Commission is the subject of the motion before us. As another Senator said, this was part of the overall reform of the Garda Síochána in the Garda Síochána Bill 2005. The Garda Síochána Inspectorate, which was provided for in this Bill, was an important innovation. Among the people who served we are fortunate to have the chairperson, Ms Kathleen O'Toole, the former chief of police in Boston. She brings a raft of policing experience to the post, which is beneficial to making improvements. No matter what area we are involved in, striving for excellence should be an ongoing process. This is required of all public services, not least within the Garda Síochána.

I welcomed the introduction of joint policing committees as part of that legislation. I was disappointed that the Department of the Environment, Heritage and Local Government got its hands on it and succeeded in neutering it. In practice, it is not the dynamic force that I felt it could be as a conduit linking the public and the police force, the Garda Síochána. There is a need for more regular meetings and that should be examined. Greater interaction with the community was part of the original intention, but that is not happening. In the run-up to local elections it will be difficult to add innovation to what is taking place but, subsequent to the local elections, there should be a reappraisal so that this is focused in the direction we intended it to go in when we spoke on the subject. There should be no reluctance in this matter. Senator Boyle alluded to a lack of acceptance on the part of certain members of the force to the introduction of the Garda Síochána Ombudsman Commission, but I do not detect that to a great degree.

There is a need for the commission and it is important that an independent body undertakes this work. In the past, the Garda Síochána Complaints Board operated effectively but, given the unfortunate scenarios that developed, particularly in Donegal, it was essential that an independent body functioned in the restoration of public confidence in the Garda Síochána.

Reference was made to the three-member constitution of the Garda Síochána Ombudsman Commission. We debated the point in these Houses at the time. The Minister at the time, Mr. McDowell, was in favour of a triumvirate as distinct from a single ombudsman. I should probably know the answer to the following question but I do not. Are these full-time positions and do people work for 40 hours per week in these positions? If the Minister of State knows the answer perhaps he will spell it out. In 2011, when the term of office of the incumbents comes to an end, consideration should be given to reducing it to a single ombudsman commission. If that can be done without a loss of effectiveness, it would be a cost-efficient measure. In the administration of public services, this must be a sine qua non.

It is unfortunate that we are debating this motion because it arises due to the untimely death of Mr. Justice Kevin Haugh. As other Members and the Minister of State stated, he served with great distinction as the first chairman of the Garda Síochána Ombudsman Commission. I welcome the fact that we have moved away from appointing members of the legal profession to all quasi-judicial positions. That was unnecessary and this approach is innovative. Mr. Dermot Gallagher has had a distinguished career in the public service, serving in many parts of the world on behalf of the State with great commitment and dedication, which he will bring to this position. As a former Secretary General of the Department of the Taoiseach and the Department of Foreign Affairs, he has wide-ranging experience that he will bring to this role.

The Minister of State pointed out that since it was established 5,000 complaints have been received. Will the Minister of State quantify the number of vexatious complaints received? This was an issue as the legislation was debated in this House. When investigated, vexatious complaints are found to be spurious and may well have been motivated by vindictiveness rather than genuine reasons.

Many Members remarked on the sad and unfortunate killing of a PSNI policeman last night. The Garda Síochána stands between us and anarchy at all times. In general, members of the Garda Síochána do their jobs with a degree of commitment and selfless dedication to protecting the State and its civilians. Often this is at a cost to themselves. There is a poster campaign illustrating this point to some extent. It is important that we incentivise the members of the Garda Síochána to do its duty. We must ensure that the members of the Garda Síochána are not scapegoated unjustly, which can lead to a loss of morale and motivation.

I compliment Mr. Dermot Gallagher on not succumbing to the media witch hunt with regard to his salary when his position was first announced. I welcome the fact that he is taking a reduction. I do not know if the reduction is voluntary or otherwise. Perhaps the Minister of State will indicate which it is.

Admittedly, the setting of salaries can be subjective but the payment of €243,000 for a position that is in general administrative seems to be excessive. It illustrates to some extent the way we have gone with regard to bloating our payments across the board. It is not confined to bankers but, unfortunately, can be seen in every walk of life. It has led to lack of competitiveness and the area should be considered.

The ombudsman commission is effectively administrative and can only recommend disciplinary proceedings having investigated the matter and established the facts. It can refer issues to the Director of Public Prosecutions for charges to be pressed. Its remit is to investigate complaints, as the Minister of State said, and promote confidence in the Garda Síochána. I have no doubt that the people who are there will be fully committed and will do that without fear or favour. I am happy to support the motion in this regard.