Seanad debates

Tuesday, 23 June 2015

Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Report and Final Stages

 

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

Senators will recall that among the provisions of the Garda Síochána (Amendment) Act 2015 was a provision inserting a new section 102B into the principal Act which brought the Garda Commissioner within the scope of GSOC investigations for the first time. This was a significant development and one to which the Government attaches a high degree of importance. The issue of Ministerial consent to GSOC carrying out an investigation into the conduct of the Garda Commissioner was debated during the passage of the 2015 Act through the Houses. Under the provisions of the Act the consent of the Minister is required before a complaint against the Commissioner is investigated by GSOC.

In this regard, it must be borne in mind 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 role which is very closely linked to the obligations of the Government to preserve the security of the State. After careful consideration the Government was satisfied that taking account of the key position of the Commissioner in security matters, the Minister should consent to any proposed investigation by GSOC into any concerns that the Garda Commissioner may have committed an offence or behaved in a manner that would constitute serious misconduct. However, the Minister would emphasise that, as proposed in the Bill, the requirement for ministerial consent does not simply permit the Minister to refuse to give consent - there must be reasons for doing so. This is spelled out in proposed subsection (3)(a) which states that the Minister must provide reasons to the authority where he or she refuses to consent to the authority making a request to GSOC.

In those circumstances, there is no doubt that it would only be in exceptional cases that the Minister would not consent to a proposed investigation. Accordingly, the Minister considers that 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, ministerial consent would be withheld. While the Minister appreciates the concerns that have prompted the Senator's proposed amendment, she does not believe they are necessary for the reasons I have indicated. In the circumstances, the Minister would ask the Senator to consider withdrawing the amendments.

Comments

No comments

Log in or join to post a public comment.