Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 257: To ask the Minister for Justice, Equality and Law Reform the reason he rejected the request of the Garda Representative Association to permit the Garda Síochána to make complaints to the Ombudsman Commission. [6042/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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This matter was discussed with the Garda Representative Association on several occasions before the Garda Síochána Act 2005 became law.

I do not consider it appropriate that the specific measures in that Act relating to the establishment of the Ombudsman Commission, which were designed right from the beginning to instill public confidence in a new system for dealing with complaints by members of the public against the police, should allow for complaints by one member of the force against another to be dealt with on a similar basis. This issue is primarily a matter of discipline which is properly the responsibility of Garda management under the Commissioner as head of the force.

However, I have no difficulty with the idea that there should be a means whereby any person, including members of the Garda Síochána, can report in confidence allegations of corruption and malpractice within the force. That is why section 124 of the Act, which came into force on 1 August 2005, provides for the making of regulations establishing a charter which will contain specific guidelines to deal with this matter. Work is proceeding apace on the drafting of the regulations which require consultations with the Commissioner, the Ombudsman Commission and, in due course, the new Garda Inspectorate.