Willie Penrose (Westmeath, Labour)
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Question 67: To ask the Minister for Justice, Equality and Law Reform the action the Government has taken to date arising from the very serious findings of the two report of the Morris tribunal; if further actions are planned; and if he will make a statement on the matter. [15657/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The most immediate response to the reports of the Morris tribunal was to address the cases of individual wrongdoing or gross negligence uncovered. Following publication of the first report a superintendent was dismissed by the Government. Two superintendents criticised in the second report subsequently retired. Disciplinary action in respect of members of the force below the rank of superintendent is a matter for the Commissioner and there were a number of dismissals and retirements following publication of both reports.

A wider response was necessary however to address the system failures identified in both reports. That response is contained in the Garda Síochána Act 2005. The Act represents the most fundamental restatement of the oversight and accountability relationship between the Garda Síochána and both the Minister and the Government since the foundation of the State.

The Act establishes the new Garda Síochána Ombudsman Commission to replace the Garda Síochána Complaints Board. The three person Ombudsman Commission will provide for a more robust and effective complaints system that will promote public confidence in the force. The Ombudsman Commission will be empowered to directly and independently investigate complaints against members of the Garda Síochána. It will also be able to investigate any matter, even where no complaint has been made, where it appears that a member of the force may have committed an offence or behaved in a manner that would justify disciplinary proceedings. Furthermore the commission may investigate any practice, policy or procedure of the Garda Síochána with a view to reducing the incidence of related complaints.

The Act also provides for the establishment of a Garda Síochána inspectorate to ensure that the resources of the Garda Síochána are used to achieve the highest levels of efficiency and effectiveness compared to best international police practice and standards. The inspectorate will monitor the operation and administration of the force and report to the Minister. Reports of the inspectorate will be laid before both Dáil Éireann and Seanad Éireann and the chief inspector will, when requested, attend before any relevant Oireachtas committee in connection with any such report. Plans are well advanced for the selection and appointment of members of the Garda Síochána inspectorate. The search and selection process to recruit the chief inspector has recently been conducted by the Public Appointments Service, PAS, and PricewaterhouseCoopers, PwC, in conjunction with the Department. Contract negotiations with the successful candidate are being finalised. The advertisement of the posts for the other two members of the inspectorate is imminent and I hope the inspectorate will be operational in the coming months.

A firm conclusion of the tribunal was that gardaí should be required to account for their actions on duty without delay, and without the need for applications to court. An amendment brought forward on Report Stage of the Bill gives statutory effect to such a requirement. Such a duty, vigorously implemented, should in many cases obviate the necessity for more involved investigations and should greatly assist not only the internal management of the Garda Síochána, but also the Ombudsman Commission in its investigations.

On the need for greater accountability identified in the tribunal's reports, there are provisions in the Act which oblige the Commissioner to inform the Minister, through the Secretary General of the Department, of any development which might adversely affect public confidence in the force, and which also oblige the Commissioner to supply any information necessary for the Minister to discharge his duties towards the Houses of the Oireachtas.

The tribunal in its first report was of the view that the Department of Justice, Equality and Law Reform should look at the system of promotions in consultation with the Garda Commissioner. The Act specifies that in future each promotion board will have a non-Garda majority and in every case one of the non-Garda members will be appointed as chairperson.

New powers have been given to the Commissioner to dismiss members of the force. The relevant provision enables the Commissioner to dismiss a member of garda, sergeant or inspector rank where the Commissioner has lost confidence in the capacity of the member to discharge his or her duty and where dismissal is considered necessary to maintain public confidence in the force. This power of dismissal is separate and distinct from disciplinary regulations, which will continue to apply in cases of specific allegations of misconduct, and corresponds to a similar power which Government has in the more senior ranks.

The tribunal in both reports spoke of the desirability of recruiting members of the Garda Síochána from religious and ethnic minorities. The Act, in providing for regulations on the admission, appointment and enrolment of members, makes specific reference to the recruitment of members with different ethnic or national origins or different religious beliefs or backgrounds. Already the first competition with revised eligibility criteria has taken place and I am encouraged by the response to date. The new provision also facilitates the transfer into the Garda Síochána of experienced police officers from other forces at different ranks which was another important recommendation in the second report of the tribunal.

Implementation of the provisions of the Act was a key priority of the Government and in order to ensure that this should happen in an ordered and timely fashion I established an implementation review group under the chairmanship of Senator Maurice Hayes. The group submitted their report to me in December last and I published it on 10 February. The report records that substantial and satisfactory progress has been made on the implementation of the principal provisions of the Act.

Most of the provisions of the Act have already been commenced. The three members of the Ombudsman Commission were appointed by the President in February. Plans are also well advanced for the selection and appointment of members of the Garda Síochána inspectorate. Guidelines for the establishment of joint policing committees, another key feature of the Act, are being finalised and will be issued shortly. Preparations are continuing to make the Garda Commissioner the accounting officer for the force. The target date for this is 1 July of this year. The Act also provides that civilian staff working in the Garda area will become staff of the Garda Commissioner. Separate discussions are taking place under industrial relations machinery to effect a smooth transition to the new arrangements.

I am confident that the measures I have included in the Act are a comprehensive and strong response to the recommendations of the tribunal which required statutory change.

In parallel with all of this, the Commissioner has also been implementing a significant programme of change in response to the findings and conclusions of the tribunal's first report, including improved record-keeping, a new registration system for intelligence sources and more stable tenure of position in senior Garda management. Full details of the Commissioner's response are set out in a report which is available on the Garda Síochána website. The Commissioner is also now considering what further change might be required by the tribunal's second report. Issues arising in the second report are being examined under following headings, review of role of crime and security branch, external professional assistance, training, reporting within the Garda Síochána including reporting to the Department and professional and ethical conduct.