Niall Ó Donnghaile (Sinn Fein) | Oireachtas source

I begin by doing precisely what the Minister asked us to do, which is to welcome the appointment of Patrick Sullivan to GSOC. I wish Mr. Sullivan well in his new and very critical and important role for all of the reasons outlined by the Minister. The role carries much responsibility and is an important public service. As noted by the Minister, Mr. Sullivan brings a wealth of talent and expertise to the new post. I hope his experience and expertise will assist GSOC in carrying out its work. Mr. Sullivan's CV details a long history of investigative roles within various federal agencies in the US. The list is certainly comprehensive. Given the importance of Mr. Sullivan's post within GSOC, it is important that he settles into a full-time role as quickly as possible.

In respect of some broader points of concern regarding GSOC and its functions, the powers of GSOC must be further enhanced to ensure that the Garda Commissioner comes within the remit of GSOC for investigation purposes and that GSOC has the power to secure co-operation from gardaí because in the past, there have been serious blockages in GSOC investigations, of which the Minister is aware. GSOC needs to be fully empowered and independent in order to fulfill its oversight obligations. Serving officers in An Garda Síochána should not be seconded to GSOC. GSOC needs to be independent and to be seen to be independent in order for it to do its job and to dispel any concerns that may exist about bias or prejudice. It would help immensely if a duty of impartiality and independence was included in GSOC's objectives. This would include a statutory obligation to report at regular intervals to the Oireachtas Joint Committee on Justice and Equality and to answer questions from its members. Investigations in respect of the work of the Garda Commissioner as and when required should also be within the gift and remit of GSOC. There should be no requirement for ministerial approval for such an investigation. It should be in a position to use its own initiative where and when required. For example, in a case where a Garda retires or resigns, any complaint against the departing officer should still be investigated if GSOC believes it would be in the public interest to do so. The time limit for making complaints to GSOC should be extended from six months to at least one year and perhaps longer with the time period running from the date of knowledge of the supposed wrongdoing. The Minister for Justice and Equality should not have the power to withhold material from GSOC on security grounds. The Garda Commissioner should be under a duty to provide GSOC with the material it requests and the conscious withholding of information should be seen as an offence.GSOC must be given the right to make unannounced visits and inspections of Garda stations. GSOC's access to the PULSE system must be placed on a statutory footing, granting it access to all of the material that it requires, by its own definition, for an investigative case. The Ombudsman's remit should cover civilian staff of the Garda, although the staff should be accountable to Garda oversight in the normal day-to-day running of the service. GSOC should also be offered the right to compel witnesses, including Garda officers and former officers, and they must provide any relevant documentation in their possession.

Recently there has been discussion in the media about GSOC seeking 12 additional staff. Unfortunately, GSOC has only been offered five people with one being a clerical officer and no principal officer post has been included. The protected disclosures unit has three staff and only operates on a part-time basis with all staff having additional responsibilities. The shortage of staff puts additional pressures on GSOC, particularly in this period of intense pressure. The sum of €900,000 is very little and modest given the potential calls for commissions of inquiry or, indeed, tribunals. If we are serious about having a functioning oversight body then it must be given the resources that it requires to do its job.

GSOC was very explicit in its recent memo that it released to RTE. GSOC said that if the Government failed to provide the necessary resources then it would fail to achieve two of its central objectives. They are as follows - to ensure investigations happen efficiently and effectively; and to promote public confidence in the process. If GSOC is to carry out its functions and properly investigate protected disclosures that may involve serious wrongdoing or malpractice then it needs enough resources to investigate. Also, GSOC cannot do such work on a part-time basis.

The Ombudsman must have the power to recommend the suspension of a Garda. We should allow the Ombudsman the power to direct disciplinary proceedings. Complaints of a less serious nature could be considered a service level issue. An Garda Síochána should be able to deal with internal Garda complaints of a less serious nature. Those making external complaints of a less serious nature against a Garda officer must always have an option to approach GSOC but informal resolution may be possible with the consent of the complainant.

Sinn Féin believes that a statutory framework should be created for GSOC to provide An Garda Síochána with observations on systematic issues arising from complaints, and that these complaints should be addressed and remedied in an agreed and relatively short timeframe depending on the nature of the issue. We have had many examples of where these failings exist. As recently as yesterday a report stated that as many as half of the people involved in road traffic accidents were not tested afterwards due to systematic failures. That is something which is simply unacceptable.

Sinn Féin supports the view expressed by GSOC that it should have the scope and ability to engage in joint investigations with other relevant State organisations, where required, that have appropriate expertise, particularly where procuring specialist skills via the private market would be expensive. I have detailed much of this and more measures, which I feel may be of help in pursuit of a more efficient running of GSOC, in our proposal to the Commission on the Future of Policing.

Later today, we will have a debate and hear remarks on the establishment of a public inquiry into the case of Shane O'Farrell and the role of GSOC. That highlights the importance of why we need to empower, embolden, enfranchise and enable GSOC to carry out its roles, not just in holding the Garda Síochána to account at whatever level. We must also build in the necessary confidence and build the public's trust because they need to know that the oversight bodies, and the organisationss that they oversee, are fully compliant and fall within the remit of being investigated appropriately.

To conclude, I wish Mr. Sullivan all the best in his new role. I hope that he will be a great addition to a body that is in serious need of reform.