Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I thank the House for facilitating me between items Nos. 3 and 4 on the Order of Business. The appointment of members of the Garda Síochána Ombudsman Commission, GSOC, is governed by the provisions of the Garda Síochána Act 2005, which require the Government to satisfy itself that a person to be nominated for appointment has the appropriate experience, qualifications, training or expertise for appointment. The Act also provides that a member of GSOC is appointed by the President following the nomination by the Government and the passage of resolutions by both Houses of the Oireachtas recommending the appointment.

In this regard, the Government nominated Mr. Patrick Sullivan at its meeting on 8 May and I am pleased to recommend formally to the House that Members approve him for appointment by the President as a member of the Garda Síochána Ombudsman Commission. Mr. Sullivan was recommended by the Public Appointments Service as the best qualified candidate for the position. This followed an independent, international competition organised by the Public Appointments Service.

The background to Mr. Sullivan's nomination as a member of GSOC arises from the resignation of Mr. Mark Toland last October to take up the position of chief inspector with the Garda Síochána Inspectorate. Mr. Toland's term of office with GSOC was due to last until 11 December 2020. Under the provisions of the Garda Síochána Act 2005, a person appointed to replace a member of the commission holds office for the remainder of the term of the person being replaced. As such, Mr. Sullivan's term of office will expire in December 2020. I acknowledge the contribution that Mr. Toland made to GSOC as commissioner, a role to which he brought more than 30 years' experience gained with the UK Metropolitan Police Service. His extensive knowledge of policing served him well while sitting on GSOC and his policing expertise and GSOC experience can only serve to benefit the Garda Síochána Inspectorate in future.

Mr. Sullivan brings with him a wealth of experience from his work with various federal agencies across the United States of America. The expertise he has gained in a career which spans over 40 years in federal law enforcement will bring a different perspective to the excellent work of the Garda Síochána Ombudsman Commission. The House will agree that it is vital that the public has strong confidence in the Garda Síochána and its system of oversight. As such, Mr. Sullivan's vast experience in oversight within federal agencies in the USA will enhance existing confidence in GSOC's role of investigating complaints against members of our police service. His most recent position as assistant inspector general for investigations in the office of inspector general at the Environmental Protection Agency, which required the supervision of both criminal and administrative investigative cases, equips him very well for the position.I will give the house a flavour of the qualifications Mr. Sullivan brings to the job. He was a member of the FBI from 1972 to 1976 where he worked in counter intelligence. Between 1976 and 1999, he was a member of the US Secret Service. During his time there, he was in charge of the counterfeit division. He was subsequently in charge of the presidential candidate protection division during the 1996 US presidential campaign managing a budget of $40 million. He also worked in the presidential protection division. From 1999 to 2011, he worked in the US Federal air marshal service and in the Government Accountability Office of the US Congress. This latter body investigates federal spending. His current role is assistant inspector general for investigations at the US Environmental Protection Agency. His responsibilities here include the supervision of investigations of wrongdoing alleged against members of the Environmental Protection Agency and reports of theft or fraud against the EPA budget. He controls a budget of $10 million. His responsibilities also required his appearance before both Congressional and Senate committees to provide testimony into the actions taken by Environmental Protection Agency staff. I am sure the House will agree that these are indeed impressive credentials and I have every confidence that the work of GSOC will be strengthened by his presence there.

I appreciate this is only a snapshot of Mr. Sullivan's qualifications and experience and that Senators have not had the opportunity to hear directly from him. When the resolution for his nomination was debated in the other House last evening, there were calls for the procedures for nomination of persons to be members of GSOC to be altered so that more information about nominees would be made available before the resolutions are taken on the Houses. I think that would be a good thing. I will examine how this might be achieved. It may be that a briefing document could be provided to the Oireachtas Committee on Justice and Equality giving background information about the nominee. It is certainly something that I intend and am happy to explore further. I know that the Oireachtas Committee on Justice and Equality hoped to have the opportunity to hear from Mr. Sullivan prior to his appointment. However, I understand that he was unavailable due to commitments to his current employers in the US. Nevertheless, I hope that the committee will have an opportunity to hear from Mr. Sullivan in due course.

The Government nominated Mr. Sullivan at its meeting on 8 May. As I said, this appointment arises from the resignation last October of Mr. Mark Toland. Following this, I informed the Government on 5 December of my decision to fill the vacancy by way of an open competition conducted by the Public Appointments Service. This preference was taken with a view to ensuring that the very best candidate would be identified from an international field of suitably qualified candidates. It is important that we recognise the contribution that GSOC makes to policing in the State. GSOC has been operating now for over ten years and has grown in stature during that time. With that, its reputation for independence and fairness has grown. This is in no small part due to the dedication and drive of the current commission under its chairperson, Ms Justice Mary Ellen Ring, and Commissioner Kieran FitzGerald. Their vision for GSOC's policing oversight reaches into the future seeking to extend its remit and, accordingly, its size. The dedication and commitment of its staff are unquestionable. GSOC has seen its role expanded somewhat. For example, bringing complaints against the Garda Commissioner has been brought within its remit. In addition, GSOC is now a designated body to which members of the police service can make protected disclosures.

At the same time, significant changes have also been made to legislation governing An Garda Síochána. In particular, the establishment of the Policing Authority has created a public forum where the Garda Commissioner can be asked about matters related to policing services. These are welcome developments. There is no one who would suggest that a service such as the Garda Síochána, which can invoke quite extensive powers, should not be fully and openly accountable for how it uses these powers. The Commission on the Future of Policing in Ireland is another example of the commitment this Government has undertaken to review the functioning of An Garda Síochána. In terms of its remit and purpose, the commission has been tasked with reshaping the legislative landscape in which An Garda Síochána operates. The commission members bring a wealth of experience and dedication to their task and they are undertaking an ambitious work programme with alacrity. Their report, which will be of huge significance, is due in September. This major publication should provide a framework for a modern, professional policing service which will protect and defend the community and be subject to appropriate and robust accountability.

The House will be aware that GSOC has recently made proposals to me for legislative changes to enable it to function more effectively and efficiently. These are being considered at present by my officials. However, I am conscious that any changes to GSOC should align with the recommendations of the Commission on the Future of Policing. GSOC has been engaging with the commission and I will be taking care to ensure that there is appropriate alignment. GSOC has also sought additional staffing resources and has submitted a business proposal to my Department. My officials are liaising with GSOC to ensure that a clear business case can be put to the Department of Public Expenditure and Reform. The GSOC proposal contains a focus on medium and long-term planning and demonstrates the commitment of the current Commission to ensuring GSOC is properly equipped now and into the future. I can assure the House that I am supportive of the broad thrust of GSOC's business case and supportive of the valuable work undertaken by the commission. I should also say that this Government and I have given a commitment to provide GSOC with the resources it needs to maintain the very highest standards of policing oversight. I would like to take this opportunity to restate that commitment. GSOC will be fully supported in its role and will be given all the tools needed to continue to perform at the high levels that GSOC it continually strives to maintain.

GSOC has a critical role to play in the architecture of policing in the State. Its independence is the guarantee to the public that complaints against members of An Garda Síochána will be investigated as the old phrase puts it "without fear or favour". Indeed, my predecessors and I have made the point many times in this House that there will be no interference with GSOC investigations despite occasional calls for some form of ministerial or governmental intervention. I believe public confidence in GSOC will be bolstered further with the appointment of Mr. Patrick Sullivan. Oversight in public administration is nothing new to him and the administration of law enforcement is also not unfamiliar territory to him. That is what marked Mr. Sullivan out as the preferred choice to be a member of GSOC. The international nature of his knowledge and experience can only serve to benefit GSOC in policing oversight matters. It is my hope that the House will join me in welcoming Mr. Sullivan and wishing him success in his new role as commissioner in GSOC.