Aodhán Ó Ríordáin (Dublin North Central, Labour) | Oireachtas source

Section 7 inserts a new section 102B into the 2005 Act, which brings the Garda Commissioner within the scope of Garda Síochána Ombudsman Commission, GSOC, investigations for the first time. This is a significant development and one to which the Government attaches a high degree of importance. That being said, it also must be borne in mind fully that in addition to carrying out her general policing functions, the Garda Commissioner is the head of the national security service. In the latter role, the Commissioner fulfils a vital function which is closely linked to the obligations of the Government to preserve the security of the State.

Senators will be aware that the Minister, in response to the Dáil Committee Stage debate, had strengthened the provision of section 102B to provide a specific role for the Government, rather than just for the Minister, with regard to important decisions to be made under section 102B. To that end, the Dáil accepted the Minister's amendment, under which Government approval would be required before the Minister can consent to a GSOC investigation into the conduct of a Garda Commissioner, request GSOC to commence such an investigation or refuse to consent to a proposed GSOC investigation.

In addition, the original text was strengthened further to ensure that in a situation in which a request from GSOC to undertake an investigation into the conduct of the Commissioner is being refused, this can only be done for stated reasons. The practical reality is that it would only be in exceptional cases that consent to a proposed investigation would not be given and in these circumstances, specific reasons would be provided.

Furthermore, as the Minister has stated, it is almost impossible to envisage any circumstances under which, on foot of a demonstrable concern that the Garda Commissioner may have committed an offence or behaved in a manner that would constitute serious misconduct, consent would be withheld. As I have indicated, the requirement for Government approval of a ministerial decision under section 102B meets concerns expressed during the Dáil debates that there simply would be a ministerial veto on a GSOC investigation into the Garda Commissioner. Overall, because of the pivotal national security functions undertaken by the Commissioner, the Minister does not consider it to be appropriate to amend the Bill further in respect of ministerial consent. In the circumstances, the Minister asks the Senator not to press the amendments.