Denis O'Donovan (Fianna Fail)
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I move:

That Seanad Éireann, noting that the Government on 3 February 2009 nominated Mr. Dermot Gallagher for appointment by the President to be a member of the Garda Síochána Ombudsman Commission and to be its Chairperson, recommends, pursuant to section 65(1)(b) of the Garda Síochána Act 2005, that he be appointed by the President to be a member and to be Chairperson of the Commission.

Conor Lenihan (Dublin South West, Fianna Fail)
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Before I speak to the motion on the appointment of the chairperson of the Garda Síochána Ombudsman Commission, I wish to place on the record of this House my sympathies to the family, friends and colleagues of Constable Stephen Paul Carroll of the Police Service of Northern Ireland who was murdered last night in Craigavon. His murder is not only a denial of his individual human dignity and right to life but it is an assault on the Irish people as a whole who have, in voting for the Good Friday Agreement, rejected violence, endorsed the principle of consent and unequivocally declared democratic means to be the only means of political discourse on this island.

Not unnaturally Members of this House will welcome the Taoiseach's assertion that the perpetrators will be hunted down and brought to justice for this appalling act, as will those responsible for the terrible murders of the two British soldiers in recent days.

Following the untimely death of Mr. Justice Kevin Haugh, the Government at its meeting of 3 February decided to nominate Mr. Dermot Gallagher to replace Mr. Justice Haugh as chairperson of the Garda Síochána Ombudsman Commission in accordance with the Garda Síochána Act 2005.

On my own behalf and that of the Minister, Deputy Dermot Ahern, and the Government, I place on the record of this House our sympathy for Mr. Justice Haugh's family and friends. He was the founding chairperson of the ombudsman commission. He worked energetically to get the commission up and running. He was not satisfied that it should perform its tasks in a perfunctory manner and was tireless in his efforts to ensure that the staff of the commission worked to the highest standards. He was known at the Bar Council for his learning. He put that learning and his discernment to good use and to Ireland's credit during his time at the administrative tribunal of the United Nations. His friends and colleagues will, no doubt, however, miss him most for his engaging company and great good humour. Ar dheis Dé go raibh a anam dílis.

The Garda Síochána Act 2005 reformed the legislative basis of policing in Ireland. Its overall thrust was to reform policing in a manner that enhances the accountability of the Garda Síochána while at the same time provide it with greater independence in the fulfilment of its role. As Accounting Officer, the Garda Commissioner is now responsible for expenditure of the Garda Vote, for which he is directly answerable to the Committee of Public Accounts. Responsibility for the employment of the civilian staff of the Garda Síochána has transferred from the Department of Justice, Equality and Law Reform to the Garda Commissioner.

The Act also provides for the Garda Inspectorate which acts as a driver of efficiency and effectiveness for the Garda Síochána as it benchmarks the performance of the force against comparable police services and international best practice.

One of the most significant and most important changes instituted by the 2005 Act was the establishment of the Garda Síochána Ombudsman Commission. In particular, it replaced its forerunner, the Garda Síochána Complaints Board. The members of the board over the years and all the staff who served there are to be thanked for their commendable work. The replacement of the board is in no way a reflection of the quality of their efforts, rather it is recognition of the weaknesses in the legislation under which they operated.

As the body charged with handling complaints against members of the Garda Síochána, the ombudsman commission is empowered to independently investigate complaints against Garda members. It has also been conferred by the Act with policing powers of arrest and detention. The commission's role and values are summed up in the words contained in its official logo, that is, "inquiry", "independence" and "impartiality".

The ombudsman commission has been in operation since May 2007 and has received just over 5,000 complaints to date, 3,539 of which have been finalised.

I know there is much interest in the work of the ombudsman commission and, in particular, in certain cases it has dealt with, as well as other cases it is currently pursuing. However, as it is a fully independent body it would not be appropriate for me to comment on the specific facts or other elements of any particular case handled by it.

With regard to staffing matters, there are 98 sanctioned posts in the ombudsman commission, not including the three commissioners and four seconded Garda Superintendents.

The ombudsman commission has invested heavily in the training and development of its staff. In that area it has worked extensively with the University of Portsmouth and King's Inns in developing state-of-the-art training for its investigative staff in particular. Its budget allocation for 2009 is over €11 million, which represents a significant investment on the part of the State in the commission and also reflects the importance of the functions that are involved.

Arising from the experience of its initial period of operation, the ombudsman commission has brought forward a number of proposals for amendments to the provisions of the 2005 Act governing the investigation of complaints against serving members of the Garda Síochána. The proposals made by the ombudsman commission are still under discussion with the commission itself and with Garda Síochána authorities. The issues concerned involve considerable complexity, not only from a legislative standpoint, but also from an operational one and require careful consideration by all parties concerned. However, work has been done towards preparing the necessary statutory amendments and the Minister for Justice, Equality and Law Reform, Deputy Dermot Ahern, is hopeful any outstanding issues will be resolved quickly and that he will shortly be in a position to bring forward legislative changes to Government for sanction.

The appointment of members of the Garda Síochána Ombudsman Commission is dealt with by sections 65 and 66 of the Garda Síochána Act 2005. There is a specific formality about the appointment provisions which marks the importance of the commission and its independence. In that context, it should be noted that the Act requires the President, Ms. Mary McAleese, to make the appointment. Aside from members of the Government and the Judiciary, a very limited number of public appointments are made directly by the President.

While a person is nominated for appointment as a member of the commission by the Government, it is a requirement that any such appointment must be approved by the Oireachtas in the form of the passage of resolutions by the Dáil and the Seanad recommending the particular appointment. This is the purpose of the resolution which is before this House today.

The first members of the commission, Mr. Justice Kevin Haugh, Ms Carmel Foley and Mr. Conor Brady, were appointed for a six year term with effect from 12 December 2005. There was unanimous support in both Houses for those appointments. I sincerely hope this will also be the case today in respect of Mr. Gallagher, whose appointment received unanimous support in the other House last week.

The tasks of the chairperson of the Garda Síochána Ombudsman Commission are wide-ranging and demanding. They include overseeing the investigation of complaints of misbehaviour on the part of members of the Garda Síochána, the exercise of policing powers by the commission, the management of a large-scale caseload and the supervision of the operation of the relevant provisions of the Garda Síochána Act. These, and the other challenges of the office, require a chairperson of excellent judgment in decision-making, proven management skills and the ability to lead a team of fellow commissioners, investigators and administrative staff.

In Mr. Dermot Gallagher the Government has nominated a public servant who has served this country with great distinction for many years as a senior diplomat and in other fields of public administration. In that regard, the Government is fully satisfied that Mr. Gallagher has the necessary capacity and qualifications to make an excellent chairperson of the ombudsman commission. As Members of this House will be aware, Mr. Gallagher recently retired as Secretary General of the Department of Foreign Affairs. He also previously served as Secretary General in the Department of the Taoiseach. At Secretary General level, which is the very highest post in the Civil Service, he managed the work of two Government Departments at the heart of Government with broad and complex remits.

Mr. Gallagher is one of Ireland's most distinguished public servants. In particular, he played a central role in the negotiations which led to the conclusion of the ground breaking 1998 Good Friday Agreement. As a Minister of State in the Department of Foreign Affairs until a year or two ago, I saw at first hand the diligence, acumen, judgment and leadership skills he can bring to bear as chairman of the ombudsman commission. He is undoubtedly one of the most senior and distinguished diplomats and administrators this country has produced and I know that from personal experience. He has often acted to restrain people and ensure proper public decisions are made, and that is the character of the man. I knew him for many years preceding my period as a Minister of State and he is the person who is fit for purpose in terms of this particular appointment. He will add to the distinguished record of his distinguished, now deceased, predecessor.

Section 66(6) of the Garda Síochána Act provides that a person appointed to fill a vacancy following the death of a member of the ombudsman commission shall hold office for the remainder of the term of office of the replaced member. The new appointee will, therefore, only serve until 2011. Given the importance of the post and the limited duration of the appointment, the Government decided the position should be filled without delay. It should also be noted that the nomination process adopted in the case of Mr. Gallagher is very much the same as that which was followed when the first members of the commission were nominated by the Government in 2005.

I would like to mention another aspect of the terms of appointment. There had been some speculation regarding the remuneration for this appointment. The House should note Mr. Gallagher has offered to take on the position at an annual salary of €90,000. This will result in a saving of €153,000 per annum for the Exchequer. It should be noted that had Mr. Gallagher not retired from the Department of Foreign Affairs and remained as its Secretary General he would have earned €253,000. If he had been a High Court judge like his predecessor he would have earned €243,000. At a salary of €90,000 he is returning and giving great value to the State in this important role.

The role of any police force is extremely challenging. At its core is the prevention and detection of crime and the maintenance of public order. The role frequently brings gardaí into contact with members of the public in what are often difficult circumstances. To carry out their tasks, gardaí are given extensive powers, including powers of arrest and detention. These powers, although used in challenging and often dangerous circumstances, must be exercised in a lawful and proportional manner.

The Garda Síochána Ombudsman Commission has been established to investigate complaints of misbehaviour by members of the public on the part of gardaí. It too has a very demanding role. The highly skilled and dedicated staff of the commission require a chairperson equal to the challenges of the brief. The Government considered carefully the question of whom to nominate to the post of chairperson. In Mr. Dermot Gallagher the Government is satisfied it has found a public servant with an outstanding record of achievement who clearly has the intellectual capacity, expertise and personal dedication to lead the Garda Ombudsman Commission.

I regard myself as an energetic Minister of State, but I was consistently surprised at the long hours worked by Mr. Dermot Gallagher in the Department of Foreign Affairs and I know he will bring this tradition of strong work to this role. In these circumstances I am happy to recommend the adoption of this motion to the House.

Eugene Regan (Fine Gael)
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The Garda Síochána Ombudsman Commission, and its role, are important to policing in Ireland. Confidence in the Garda Síochána is absolutely fundamental to support for the police force in the detection and successful prosecution of crime. The importance of this body is highlighted by the figures which have emerged on the number of complaints it received between May 2007 and the end of last year. Out of 4,746 complaints, 374 matters were referred by the Garda Commissioner, under the Garda Síochána Act 2005, to the ombudsman commission. These have not all been substantiated but it has led to those complaints being dealt with by the ombudsman commission and a number of cases resulted in prosecution. There were 37 files sent to the Director of Public Prosecutions and 25 cases were subject to disciplinary action, in line with the Garda Síochána disciplinary regulations 2007.

The role of this body is very important. It is also important that those who serve on the force have the requisite experience and skills to deal with this area of activity, the range of complaints and the manner in which they are dealt with. There is no doubt that Dermot Gallagher has extraordinary experience as a civil servant at the highest levels. Like Carmel Foley and Conor Brady, he will bring to the task the necessary skill and will complement other board members. It is also good that the terms and conditions of his employment have been modified to reflect concerns regarding remuneration etc.

While I have no objection to the appointment, it seems like an inside job. Transparency and openness in appointments to State bodies and boards are necessary. This is not to detract from the qualifications, experience and merit that have seen Dermot Gallagher appointed to this important body, but what of giving Oireachtas committees, the Committee on Justice, Equality, Defence and Women's Rights in this instance, the opportunity to meet designated appointees? Mr. Gallagher would acquit himself admirably, but openness and transparency in such appointments would be important. Mr. Gallagher is an impressive civil servant who will contribute to the body's work admirably. Not only will I not raise any objections, I have no hesitation in supporting the motion.

Denis O'Donovan (Fianna Fail)
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I welcome the Minister of State, Deputy Conor Lenihan, to the House. Like my colleague, Senator Regan, I will speak in support of the motion. As the spokesman for justice, equality and law reform for the Government side in the House, I wish to record my indignation at the unfortunate and callous murder of Constable Stephen Paul Carroll of the PSNI. I also wish to indicate my indignation at the murder on Sunday night of the two British soldiers at a time when we believed we had left violence behind us. After ten or 11 years of peace, a peace supported by 99% of people North and South, these appalling incidents are mind-boggling.

I welcome the appointment of a replacement for Mr. Justice Kevin Haugh, whose untimely death after a distinguished service caused this vacancy. Like the Minister of State and my colleague, I have no doubt Dermot Gallagher will be an excellent replacement. His record in the public service is long, his career is untainted and he has given unstinting service in many areas. This is an important appointment and I place on the record my appreciation of the way in which he has accepted a reduced salary, the patriotic call to which I referred last week. Perhaps other senior public servants, members of the Judiciary in particular, will reconsider their salaries.

Dermot Gallagher has a long and distinguished career. Between 1987 and 1991, he was an assistant secretary general in charge of the Anglo-Irish division of the Department of Foreign Affairs. From 1991 to 1997, he was our ambassador to the United States of America. In 1997, he became the second Secretary General of the Department of Foreign Affairs in Dublin with responsibility for British-Irish relations. Between 2000 and 2001, he was the Secretary General of the Department of the Taoiseach. From 2001 to 2009, he served as the Secretary General of the Department of Foreign Affairs. This is a significant curriculum vitae and Dermot Gallagher has acquitted himself with distinction.

I concur with the Minister of State's remarks in that Mr. Gallagher is a hard-working individual. While I do not know him as well as the Minister of State does, I do not doubt his appointment is important, especially given the recent disastrous developments in the North. It should be acknowledged that Mr. Gallagher was a key figure and intense worker in advance of the Good Friday Agreement.

The importance of the role of the Garda Síochána Ombudsman Commission should be put on the record. Since its inception in 2007, it has done considerable work. Since May 2007, it has received approximately 5,000 complaints, more than 3,500 of which have been finalised. This is an important fact given the cloud of suspicion and doubt that used to hang over the Garda Síochána. Without going into detail, we should remember the County Donegal situation among others. The new commission plays a significant role in allaying public fears because it adds a layer of security.

The commission is a triumvirate. As the Minister of State mentioned, appointments to it are made by the President on the recommendation of the Government, a rather unusual process. It is worth noting that the commission's other members have good track records and that the commission has been doing good work. I acknowledge Mr. Justice Haugh's significant work in this regard.

Having studied the briefing note on the commission, I note that the commission has proposed legislative amendments to the 2005 Act. While I am not familiar with the amendments, the proposal is proactive and welcome and indicates the commission's willingness to work with the Oireachtas in improving the role of the ombudsman's office.

I support the motion and wish Mr. Gallagher every success in his new role. I also wish the commission every success, as it is one of the most important bodies for the betterment of the police force. In the course of time, it will prove to be an important stepping stone towards fairness and equity as far as the public is concerned. I am confident this appointment is most appropriate and par excellence.

Ivana Bacik (Independent)
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With the permission of the House, I wish to share my time equally with Senator Hannigan.

Paddy Burke (Fine Gael)
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Is that agreed? Agreed.

Ivana Bacik (Independent)
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Perhaps the Leas-Chathaoirleach will tell me when I have reached seven and a half minutes.

I welcome the Minister of State to the House and the opportunity for this debate. I support wholeheartedly the appointment of Dermot Gallagher as chair of the Garda Síochána Ombudsman Commission. Members today are focusing on policing and on police practices as they reflect on the brutal murder of Constable Stephen Carroll. I join others, as I did previously, in expressing condemnation of the brutal killings both of Constable Carroll and of the two soldiers in Antrim at the weekend. I also wish to express my sympathies to the families of all the men injured and killed. Members already had an extensive discussion on this issue at which there was unanimous condemnation of these murders.

This debate arises from another death, namely, the untimely death of Mr. Justice Kevin Haugh, the former chair of the Garda Síochána Ombudsman Commission. I express, as did the Minister of State, my sympathy to Mr. Justice Haugh's family. I knew him, as did every practising barrister, and he was a person of immense warmth and sociability and was a very generous man. His funeral was enormously well attended and a most warm and affectionate portrait of the man was painted at it.

Arising from the death of Mr. Justice Haugh, the need arose to appoint a new chair to the Garda Síochána Ombudsman Commission. As the Minister of State noted, it is an entity that was established under the Garda Síochána Act 2005. The commission came into operation on 9 May 2007 and has been in place for less than two years. The figures and reports it has produced, therefore, must be read in a context in which there has been little time for the new procedures to bed down. The commission's predecessor was the most unsatisfactory Garda Síochána Complaints Board. It had been critical of its own shortcomings, arising from the weaknesses in the legislation under which it was established. Consequently, the establishment of the Garda Síochána Ombudsman Commission was a welcome development.

When the Garda Síochána Bill was being debated, I, together with many others, contributed to the debates on the Bill within civil society. Concern was expressed, and I was one of those who expressed it, that a tripartite commission was envisaged. Rather than appointing one individual, as had been done in the North, it was thought fit at the time to appoint a three-person commission. It still is the case that this was not a positive move in that in Northern Ireland, especially in the person of Ms Nuala O'Loan, the former police ombudsman, there was a great deal of identification among all sections of the community with the single person identified with receiving police complaints. The effectiveness and success of the police complaints procedure in Northern Ireland was due in no small measure to the presence of one highly identifiable person, that is, the ability of one individual to make decisions and because there was no room for disagreement among the members of the commission with only one person at the top and so on.

That said, it is a measure of the commission's success thus far that it has received so many complaints. It is interesting to make a comparison with, for example, the number of complaints received in 2002 by the Garda Síochána Complaints Board. The latter received 1,405 complaints that year, which then was a record number. However, a much greater number of complaints already have come in to the commission in the short time in which it has been in operation. This is a measure of enhanced public trust and confidence in it, which is welcome. However, as I understand that amendments to the mechanisms of the commission will be put to both Houses shortly, the Minister of State might consider changing the nature of the commission. Has he views in this regard? A former Minister for Justice, Equality and Law Reform was highly forthright about the need for a three-person commission. I was not convinced by his arguments at the time and I would be interested to learn whether the Minister of State shares his views on the need for a three-person, rather than a single-person, commission.

At the time when the establishment of the commission was debated, I spoke about the need for accountability, transparency and respect for individual rights in any policing service. Many people looked to the Patten report as a blueprint for what would be a successful model for policing. That report had recommended the idea of an ombudsman and the Council of Europe's Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment also had been recommending some form of independent oversight for the Garda Síochána for more than ten years before the 2005 Act came into force. The idea of an independent complaints body was not new. It had been sought for a long time and was needed to fulfil our obligations under the Good Friday Agreement. It was a welcome development and has increased greatly the aforementioned three criteria of accountability, transparency and respect for individual rights within the police service. Any comments I offer are by way of being constructive as a new era begins under a new chair of the commission in the person of Dermot Gallagher.

Turning to the figures the Minister of State provided on the work of the commission and the available figures in its report, I note the Minister of State's figures obviously are more up-to-date than those contained in the most recent release from the commission itself. The Minister of State said the commission now has received more than 5,000 complaints, which is interesting. The most recent figures given on the website in January 2009 stated that the commission had received 4,746 complaints in the period from 9 May 2007 to 31 December 2008. That is an impressive level of complaints in a relatively short time of just over 18 months and constitutes a measure of greater public confidence in this new body when compared with the previous entity. However, there is some cause for concern regarding the large numbers of complaints that have been deemed inadmissible. It is worth noting that 1,909 cases were deemed inadmissible and a further 220 files were awaiting an admissibility decision. Consequently, more than one third, albeit less than one half, of the complaints on which an admissibility decision had been made were deemed inadmissible. Perhaps the Minister of State will comment on this figure which jumped out at me.

It also is worth noting — working from the figures I have to hand — that of the cases investigated by the commission, 2,718 complaints were closed by 31 December last. Of those complaints, 37 files were sent to the Director of Public Prosecutions and there has been one conviction. I do not believe Members should be looking for heads or anything like that and it is good to know there were only 37 cases which the commission considered the DPP should investigate. Moreover, it is good to know that only one conviction has been necessary. However, has the Minister of State a view on the small number of files that have been sent to the DPP? I should also state that 25 further cases were subject to disciplinary action under the Garda Síochána's discipline regulations.

I make these comments to be constructive because when one considers improving policing and public confidence therein, one must ensure the existence of effective and transparent mechanisms for oversight of policing. In recent years in Ireland, there has been some dreadful abuse of police powers by individual members of the Garda Síochána. Given that the majority of gardaí are impeccable and unstinting in the amount and levels of public service they provide, it is important any individuals who seek to bring the name of the Garda Síochána into disrepute should be sanctioned. This is in the interests both of the Garda Síochána as a whole and of individual gardaí who try to do their job under difficult conditions. It is with these interests in mind, as well as the interests of the community at large, that all Members wish to see in place a strong Garda Síochána Ombudsman Commission. Moreover, all Members wish to ensure the powers of the Garda Síochána Ombudsman Commission are seen to be exercised effectively and that, where necessary, sanctions are imposed. I wish to mention briefly two other matters. First, I refer to the joint policing committees established under the Garda Síochána Act which were important in respect of trying to increase community trust in the force. However, in the future, there should be greater commitment within the Garda to the principle of community or neighbourhood policing. It is a matter that also was highlighted and emphasised in the Patten report as a vital component of any modern police force. While I acknowledge the Garda Commissioner has been forthright about the need for increased community policing, for a long time there was a view within the Garda that community policing was not given sufficient importance and that gardaí who were put to community policing duties too often were moved on too quickly before having gained the trust of their local areas. This is important.

I refer to the issue of the independent policing board. At the time the Garda Síochána Bill was being discussed, a great deal of debate took place about the need for an independent policing board. A previous Minister for Justice, Equality and Law Reform took a strong view that there was no need for an independent policing board. In making this case, he distinguished between this State and the North on the basis of the difference in the nature of the policing service in either jurisdiction. I am interested in the Minister of State's view in this regard.

I welcome the appointment of Mr. Dermot Gallagher. As a former civil servant with an immensely distinguished career, he will bring great expertise and authority to the position. I wish him well.

Dominic Hannigan (Labour)
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I thank Senator Bacik for sharing time. I welcome the Minister of State, Deputy Conor Lenihan. I am pleased to have an opportunity to discuss this issue, if for no other reason than to recognise the distinguished work of Mr. Justice Kevin Haugh whose untimely death led to the vacancy on the board of the Garda Síochána Ombudsman Commission. As the first person to chair the commission following its inception, he served with distinction.

It is appropriate to note that Mr. Justice Haugh was of the view that there should be amendments to the Garda Síochána Act 2005 to empower the commission to carry out its function more effectively. I welcome the indication by the Minister for Justice, Equality and Law Reform, Deputy Dermot Ahern, that statutory amendments are at draft stage and that he hopes to bring these forward shortly. I trust these changes will effectively address the concerns raised by the late Mr. Justice Haugh.

In this context, perhaps the Minister will consider a further change, namely, a new and transparent process for the appointment of the chairman of the ombudsman commission. In raising this issue, I wish to make absolutely clear that I am in no way questioning the suitability of Mr. Dermot Gallagher as successor to Mr. Justice Haugh. Mr. Gallagher has served with distinction as Secretary General at the Departments of the Taoiseach and Foreign Affairs and in many other posts on the State's behalf, including at the United Nations in New York. He was instrumental in the talks that brought about the Good Friday Agreement. His father, like mine, served with the Garda Síochána, so he can be expected to be familiar with the operation of the force. There is no doubt that he is eminently suitable to be chairman of the commission. I welcome his agreement to accept an annual salary of €90,000 instead of the €243,000 previously associated with the post. If he had accepted the higher amount, in addition to his pension of €125,000, questions would have been raised regarding the appropriateness of a civil servant going on to be in receipt of a total remuneration in excess of his final salary. His decision to accept a lower remuneration for the post of chairman is a mark of his integrity.

However, I have some concerns about the appointment procedure. To reiterate, this is not at all to reflect on Mr. Gallagher's abilities and dedication. However, questions arise about such appointments to a statutory body by a Minister. I expect the Minister of State, Deputy Conor Lenihan, will tell us it is the President who makes the appointment. The reality, however, is that the latter merely signs off on the appointment after the Minister and Oireachtas have approved it. It would be a very rare event for a Minister not to get his or her way in regard to such an appointment.

It is not a question of the integrity of the individuals involved but of the integrity of the appointments system. We already know people are appointed to State boards and agencies on the basis of friendship. The previous Taoiseach, Deputy Bertie Ahern, told us so. It is beyond credulity to suppose other Ministers have not done likewise. I again emphasise I am not inferring any connection between Mr. Gallagher's appointment and his previous position as Secretary General at the Department of Foreign Affairs when the Minister, Deputy Dermot Ahern, was in charge of that Department . However, it is a highly politicised position which should, from time to time, if it is functioning properly, issue reports and statements that will be politically embarrassing to the Government. The ombudsman commission was created to restore public confidence in the Garda by establishing a body that could deal effectively with complaints about the Garda free from political or any other type of interference. The process of appointment of the board of the commission must be seen to be transparent. Anything else would represent contempt for the public's right to accountable government.

On today's Order Paper, the non-Government motion No. 33, in the name of Senators Norris, Bacik and Mullen, urges the Government to accept the recommendations of the recently published Transparency International report. One of these recommendations is that all appointments to the boards of the State bodies should be subject to public competition. I ask the Minister to take this on board in future. Mr. Gallagher and the Minister, Deputy Dermot Ahern, are well aware that the Police Ombudsman for Northern Ireland is appointed under independent observation. The Irish Council for Civil Liberties has called for the same appointment system to apply in the Republic. It has also called for the Nolan principles, which lay down seven criteria under which these types of appointment should be made, to be observed in this jurisdiction.

The crucial aspect of this case is that the Minister is responsible for the appointment of the board of the ombudsman commission but only under the scrutiny of an independent panel, with no connection to the Department filling the post. We have an independent body for appointments at lower levels of the public service but no corresponding entity for top brass appointments. This is another example of how procedures can undermine the public's confidence in the Government. Allegations of cronyism will only go away when appointments to well-paid positions, funded by the taxpayer, are open, transparent and independent. The adoption or adaption of the Nolan principles would represent a good start in this regard.

I conclude by congratulating Mr. Gallagher on his appointment. I wish him all the best in dealing with the thorny issues with which he will undoubtedly be confronted.

Dan Boyle (Green Party)
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Those who committed the murder last night of Constable Stephen Paul Carroll of the Police Service of Northern Ireland are pathetic, deluded and brutal fools and they do not speak in our name. That message must go out clearly throughout the island. That the establishment of the Garda Síochána Ombudsman Commission was a response to a model that has operated successfully in Northern Ireland is a coincidence of fact that does not mean we should ignore the seriousness or the consequences of this brutal murder.

As a Member of the other House, I spoke during the debate on the original legislation about the difference of approach of a three-person commission as opposed to the single-person model that was already operating successfully in Northern Ireland in the person of Ms Nuala O'Loan. The commission in the Republic has also operated successfully and I take this opportunity to record our thanks for its ongoing work. However, there has been and continues to be a reluctance among some in the Garda Síochána to acknowledge the necessity for and value of the commission. It is unfortunate that these views prevail, because they do not represent anything like a majority opinion within the Garda. It is a cause for concern that questions continue to be raised about the need for an independent policing of the police. The commission was established in the wake of a small number of incidents that questioned the validity of actions being taken by those who are there to enforce and guard our legal protections. That is why we need an ombudsman commission. I am glad it has operated successfully to date.

The purpose of today's motion is to facilitate the appointment of a new chairman of the commission. I join other Members in placing on record my appreciation of the exemplary work done by the proposed appointee, Mr. Dermot Gallagher, as Secretary General of the Department of Foreign Affairs, particularly his involvement in the negotiations leading to the Good Friday Agreement. It was my personal experience of him in that role that he was always open and willing to deal with Oireachtas Members on an individual basis rather than merely transferring inquiries to a principal officer or other departmental officials. In terms of his character, experience, ability and commitment, Mr. Gallagher represents a good appointment. While he has been subject to some level of media scrutiny in terms of his severance package on his retirement from the Department of Foreign Affairs, his subsequent action in opting for a lower remuneration for this important post says something further about his character.

Other Senators have proposed that we consider new procedures for such appointments in future. In this instance, however, the appointment must be proposed by the Minister for Justice, Equality and Law Reform, agreed by the Cabinet, sanctioned by both Houses of the Oireachtas and, finally, signed by the President. This is not the worst method of public appointment. There are other areas we should first look to improve. I would like to see a situation where the appointment of a new ombudsman or positions of that grade within the public service would be subject to a scrutiny procedure such as exists in the United States, where a joint committee or a committee of either House would have the opportunity of questioning the proposed appointments before the appointment is subsequently approved by both Houses. That is not an issue in this case. All this House needs to do is to welcome the appointment and to congratulate the efforts made by the other members of the commission, Ms Carmel Foley and Mr. Conor Brady in respect of the work of the commission. The legislation that will inform future changes to the commission will be based on the positive experiences of the people we have been appointed to this commission in the first instance.

Jim Walsh (Fianna Fail)
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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.

Mark Daly (Fianna Fail)
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My Seanad colleagues spoke on the Garda Síochána Ombudsman Commission and its role, and I do not intend to go over that ground. I intend to speak of the individual who will take over that office, Mr. Dermot Gallagher — Dag, as he was known in the Department — and his continuing career of service to the country. Many people have been involved in the Irish peace process but very few could claim to be there from beginning to end. Whereas many would have observed history, Dermot Gallagher lived the history and was there for much of it.

He saw Frank Aiken as Minister for External Affairs all the way through to Deputy Brian Cowen's role in the Good Friday Agreement. He dealt with Charlie Haughey and various other taoisigh, including Garret FitzGerald. Going back to his roots in Leitrim, his first love, outside of the affairs of the country, is football in the county. He still hopes that some day the boundary commission will reunite Leitrim, the partitioned county, as Mr. Gallagher often referred to it.

I had the great pleasure of spending some time with Mr. Gallagher in Washington DC, and he is a public servant in the true sense of the word, in every way. He played minor and under-21 football for Leitrim so if anybody wishes to have a discussion with Dermot Gallagher one should talk about Leitrim football rather than foreign affairs. Generally, if one comes from Kerry there will be a short conversation about Leitrim football, but he seems to be able to talk about it in minute detail.

Mr. Gallagher developed significant knowledge of foreign affairs through Professor Desmond Williams in UCD before the hand of history touched upon him. He was duty officer when Paddy Devlin, among others, came looking for guns to the Department of Foreign Affairs on the weekend when Catholics were being burned out of their homes. Dermot Gallagher was the man who opened the door on that occasion. Patrick Hillery, among others, was a member of the Government in charge and it was clearly a significant and seminal moment in Irish history in 1969.

He went on to a post in San Francisco and ended up in Nigeria at one stage, where he founded a great relationship with the Irish missionaries who taught him much about the importance of public service and what really matters in life. He was involved in the Anglo-Irish Agreement and the Stormont and Sunningdale agreements. When Charlie Haughey came to power, although the Taoiseach had been vehemently against the agreement in opposition, Dermot Gallagher was told by him to "fully and imaginatively" enforce the agreement as agreed by the previous Government.

He has a great knack for friendship and a great ability to get on with everybody. While ambassador in Washington DC he struck up a relationship which was to have a significant consequence for Ireland. His friendship with Bill Clinton, then governor of Arkansas, meant that when Clinton was in the White House and when the British Government was arguing that Gerry Adams should not get a visa, which became symbolically important for the republican community in Northern Ireland, Dermot Gallagher could have, as he often said, a quiet and effective word in Bill Clinton's ear. Where normally Ireland would hold no sway with the Secretary of State and the Department of State, Bill Clinton overruled his officials and insisted that the visa be granted. As a result of a very brave step that was ridiculed by many in this House and the media in this country, Gerry Adams was granted a visa and the peace process started to take root because republicans believed they would get a fair deal. Before that, the Americans were seen to be more on the side of the British Government.

When he came back from America in 1997, he was put in charge of the section in the Taoiseach's Department tasked with the Good Friday Agreement and was there for all of it, until its conclusion over ten years ago. He since retired from public service, but not for long.

I wanted to put on the record of this House his service to this country. He was there when guns were being sought by the Catholic community to protect themselves and he was there when the gun was taken from Irish politics. It is a significant service to any state and one which should be on the record of this House.

Conor Lenihan (Dublin South West, Fianna Fail)
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I thank the last Senator in particular for his contribution in setting out the career and achievements of Dermot Gallagher, which are not so well known outside this House. It is timely and appropriate that they be put on the record as they relate to the undoubted foreign policy triumphs in the wider world, on our island and in our relationships with Britain. It is fair to say that when Dermot Gallagher was in command of the Department, it always punched above its weight. By extension, Ireland, in foreign policy and other terms, punched above its weight because of his strong leadership.

It is also fair to say, given the praises being heaped upon him both here and across the different political divides in this House, that he always acted in a non-partisan manner and was a prisoner to any political philosophy or ideology in the conduct of his duties. He would serve equally any Minister, no matter what their political colour or inclination. That is a great source of strength in our public service at this time and always.

As the last speaker pointed out, it is also noteworthy that Mr. Gallagher is more vocal and waxes lyrical about the trials and tribulations of Leitrim footballers than being overly animated by the latest setback or progress item on the foreign policy agenda. Anybody who had the patience and perseverance to support, week in and week out, month in and month out the fortunes of the Leitrim football team in particular deserves any appointment or break he or she might get in this life. I note Mr. Gallagher has been appointed chairman of UCD's governing body, which is again a singular tribute to the man and the work he has done for Ireland.

Senator Regan raised the issue, not so much about the personality of the new incumbent chairperson of the ombudsman position but the process itself and the idea that it is another inside job. I disabuse him of that, not just by dwelling on the personality and character of Dermot Gallagher, who is an insider in the sense that he worked on the inside, and without courting personal publicity he has worked diligently for Ireland. It is not an inside job but an open and transparent appointment made by the Cabinet in direct consultation with the Oireachtas and rubber-stamped by and gaining the imprimatur of President Mary McAleese.

Ultimately, if we do nothing else in this Parliament and country, it will restore the credibility of the three major parties that serve this country well — Fianna Fáil, Fine Gael and Labour — and the people they have appointed over the years. It is fair for a Government of the day to pick a person in this manner and appoint him or her. Many considerations must go into an appointment as sensitive and as difficult as this, particularly given the policing record that Ireland has experienced North and South of the Border.

My grandfather joined the force in its foundation years and it was not easy to do. That police force was vigorously contested by none less than my own political antecedents and those of a republican tendency generally. However, that force established its credibility over many years.

Some Senators' contributions dwelt on a comparison between our police force and the police force of Northern Ireland and the appropriate transparency measures introduced on foot of the Good Friday Agreement related to that police force. We must be clear about this. Policing in Northern Ireland was a hugely more contested concept in terms of the legitimacy of the policing arrangements there over the years than was our Garda force. It is horses for courses in that different measures need to apply.

This is not an inside job in that sense. We have selected somebody of great public distinction who has made a great contribution. The Government must retain the strength and maturity to appoint people. One Senator referred to issues of cronyism and the cloud that might hang over our appointments system. There certainly have been examples over the years of people appointing people to particular jobs for partisan or other reasons. We need to keep that in check. I agree with the Members who made that point. The only way to keep that in check is by having a robust Opposition, a robust scrutiny process——

Eugene Regan (Fine Gael)
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That is a rather perverse argument.

Conor Lenihan (Dublin South West, Fianna Fail)
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——and people with courage and integrity on the Opposition benches to call foul if they believe a foul has been perpetrated in terms of a public appointment. However, we all need to be sensible about these matters. It is not good enough for Government always to abnegate its responsibility and hand over appointments to outside bodies of one kind or the other. They, too, in many ways in a moral sense can be corrupted or they can often opt for mediocre appointments because they are afraid to take a chance on somebody who may be extremely good at the job, and their role in that respect could prove to be a worse result.

Senator O'Donovan referred to the hard-working capacity of the new chairperson of this body. Senator Bacik raised the perennial issue of whether it should be a three-person or a one-person body. The Government's view is clear, namely, that it should not be a one-person body. In the Irish context policing, and issues related to it, can be extremely difficult because of the precise smallness of our society. This is one of the perennial issues and difficulties one observes in politics and even in matters related to finances and the banking sector, namely, the easy familiarity and the ease of access we allow ourselves in this Parliament, in the Government and throughout our society. People talk about six degrees of separation but, in fairness to Irish life, because of our history of long-tail families etc., there is probably zero degree of separation between one person and another. That poses its own difficulties.

To my mind, the three-person construct around this body is appropriate. I draw Senator Bacik's attention to the fact that the Act specifies that there should be a man and woman appointee among the three appointees. Without over-stating it, that is a positive move towards addressing gender inequities that have existed on boards and continue to exist to this day in the membership of the Oireachtas in the Dáil and Seanad. Therefore, the gender aspect is important.

The three-person appointment system is a good measure. When sensitive work had to be done in our courts system when this island was assailed by the serious form of terrorism practised by the Irish Republican Army from the 1970s onwards, we depended on the non-jury Special Criminal Court to hand down judgments where issues such as the intimidation of witnesses, judges or otherwise might have been involved. That three-person court worked effectively. Despite many objections by civil liberties groups to its operation as a non-jury court, internationally in legal circles it was well regarded precisely because it had the balancing aspect of three judges, a High Court judge, a Circuit Court judge and District Court judge. It had a balance of those personalities and the balance of the different court systems.

Such balance exists in this body in terms of its three-person aspect. Ms Carmel Foley represents the consumer rights consciousness that has been very much part and parcel of our modernisation since 1970s. Mr. Conor Brady is a distinguished person who has served with the media at senior level, having been an editor of a major national daily newspaper and in whose journalistic life pursued a strong form of investigative journalism. He was not a docile, mundane reporter but rather was highly involved in investigative journalistic work, both as an editor and a practising reporter. The merits of Mr. Dermot Gallagher are obvious to all Members on a cross-party basis in this House.

Senator Hannigan raised the issue of transparency and the views of the Irish Council for Civil Liberties. He raised the notion of cronyism and the pall of cronyism hanging over this House. I am not particularly conscious of it. I have seen many appointments made by Fine Gael that were extremely good ones. I have also many seen Fianna Fáil appointments. I have seen bad appointments made on both sides both to the Judiciary, important boards and elsewhere. We are living with some of the consequences of board appointment in the banking sector by boards and executives who should have done better in terms of the calibre of people they appointed. Those appointments will have to be rectified because it is not good enough to advance people purely on the basis that they are one's friends or one knows them. They must have suitable characteristics and qualifications to do the job.

Senator Boyle made a good point concerning the examination of a scrutiny procedure for appointments by a committee of these Houses. It is not Government policy but at a personal level, speaking as a Dáil Deputy, I would welcome that approach suggested by the Senator of having a level of scrutiny of such appointments through the committees of these Houses. Unfortunately, because of the smallness of our country, we tend to politicise almost every controversy that arises inside and outside these Houses. Unless such scrutiny is exercised responsibly, we would quickly descend into what I would call politicised lynch mob activity against individuals. We would want to be careful of that. I have no problem with such scrutiny at a personal level. People who are put into positions that carry serious responsibilities should be robust enough to be able to withstand questions from Dáil Deputies.

Senator Walsh referred to the joint policing committees and the need for them to have more regular meetings. He talked about the issue of whether this position is full-time. The Garda Síochána Ombudsman Commission is appointed on a full-time basis. I have no doubt Mr. Dermot Gallagher will give all his full-time efforts to this particular task. It is a busy and difficult job, all the more so because the ombudsman commission has formal investigation, detection and arrest powers. Its officials can enter any Garda station and can interview anybody. It has three strong teams. Half of its staff of 98 people are devoted to the investigative side of things, which is as it should be. That is a serious responsibility. The expectation would be, although it is not prescribed in the Act, that the ombudsman commission should be full-time. Given its members' independence, it is left to their own discretion the number of work hours they put in. There will not be an issue about Mr. Dermot Gallagher's work rate, given that I was often stunned to receive calls from him at 7 a.m., when he was already at his desk busy working. At one level it was quite frightening to think that the permanent government was not only ahead of one and in the office before one arrived but was alive to the issues of the day that needed to be clarified and dealt with.

Senator Daly referred glowingly to Mr. Dermot Gallagher's career. We join in congratulating him on his appointment. He will be the kind of the person who will exercise his role in a fair and proper manner.

I thank Members for their contributions. We have gone to a new point in Ireland in regard to policing where it is transparent, the systems are transparent and the investigation is real. To underline the importance of this appointment but also the importance of the office, I advise the House that I had to rely on the ombudsman commission on one occasion. I was surprised because I had not fully absorbed the full powers this body has under its tutelage. I refer to the unfortunate case in my constituency where the driver of a Garda car killed a young man. I was surprised to learn that every death involving a member of the force, whether on duty or off duty, is automatically referred to the ombudsman commission for investigation. That is a strong guarantee in terms of role of this body.

The young woman who lost her son in this case was very worried and, not unlike many other members of the community, had doubts and reservations and perhaps had listened to gossip or rumours or had fears that something sinister had happened in this accident which involved the unfortunate death of her son. I went to her house to talk her through the issues involved in the case after her son was buried. I asked her whether she was happy a death was automatically referred to the ombudsman commission without any consideration of the barest facts, even if the facts were very obvious, even if it was very obviously an accidental death and even though that caused great personal concern and anxiety to the individual member of the force who was the subject of an investigation. I asked that young woman who had lost her son and was in deep grieving over the unfortunate circumstances of her son's death whether she was reassured by the fact that it would be automatically investigated and that there would not be an internal inquiry into the circumstances surrounding the death. She said the one thing that gave her great confidence in dealing with the grief and bereavement that she was going through was that it was now going to be investigated properly by somebody other than and independent of the normal investigative process of the Garda Síochána. That is a tribute to appointing an office such as this one. I again thank the Members for their positive contributions.

Pat Moylan (Fianna Fail)
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When is it proposed to sit again?

Denis O'Donovan (Fianna Fail)
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Ag 10.30 maidin amárach.