Jerry Cowley (Mayo, Independent)
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Question 1034: To ask the Minister for Justice, Equality and Law Reform when he will appoint a Garda ombudsman with powers equivalent to the office of Ms Nuala O'Loan in Northern Ireland; and if he will make a statement on the matter. [25645/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The Garda Síochána Act 2005 provides for the establishment of a Garda Síochána ombudsman commission with equivalent powers in this jurisdiction to the Police Ombudsman for Northern Ireland. Under the provisions of the Act, the ombudsman commission will be empowered to directly and independently investigate complaints against members of the Garda Síochána. It will also be empowered to investigate any matter, even where no complaint has been made, where it appears that a garda may have committed an offence or behaved in a manner that would justify disciplinary proceedings. In addition, the ombudsman commission will be able to investigate any practice, policy or procedure of the Garda Síochána with a view to reducing the incidence of related complaints.

In carrying out a criminal investigation, designated officers of the ombudsman commission will have Garda powers, immunities and privileges. They will be able to obtain search warrants, arrest members of the force, detain and question members of the force, take forensic samples and bring charges against them. Such investigations will therefore be full criminal investigations, carried out independently by the ombudsman commission.

Where a criminal offence is not at issue or where a prosecution has been ruled out, the ombudsman commission will be able to conduct a civil investigation and as part of that may require persons to provide documents or other information to it or may require persons to attend before it and answer fully and truthfully any questions put to them by the ombudsman commission. If any person fails to comply with these requirements, the ombudsman commission may seek an order of the Circuit Court requiring him or her to comply and failure to comply with such an order will itself constitute a criminal offence.

The implementation of the provisions of the Act has been given a top priority within my Department and in this context the Deputy will also be aware that I set up a review group under the chairmanship of Senator Maurice Hayes to oversee the arrangements for implementation. Plans for the establishment of the ombudsman commission are already well advanced and I expect to bring the necessary resolutions for the appointment of the three members of the ombudsman commission before the Oireachtas shortly so that these positions can be filled at the earliest possible opportunity.