Written answers

Tuesday, 3 October 2006

Department of Justice, Equality and Law Reform

Tribunals of Inquiry

9:00 pm

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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Question 177: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the measures taken by his Department and the Garda Commissioner in view of the third, fourth and fifth reports of the Morris Tribunal; and if he will make a statement on the matter. [30706/06]

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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Question 207: To ask the Tánaiste and Minister for Justice, Equality and Law Reform his response to the three most recent reports from Mr. Justice Morris; the action he has taken or intends to take arising from the reports; and if he will make a statement on the matter. [30830/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 177 and 207 together.

The publication of the third fourth and fifth reports of the Morris Tribunal underlined the absolute necessity for the Government to continue to implement its radical reform programme for An Garda Síochána. This reform process had its origins in the publication of the Garda Síochána Bill in 2003. Nothing in the latest Morris reports negate in any way the vigorous approach taken since then — in fact the reports emphasise the need to redouble our efforts to ensure that the ongoing process of change continues apace.

The Garda Síochána Act 2005 represents a fundamental restatement of the oversight and accountability relationship which has existed between my Department and the Gardaí since 1922. It goes to the very core of policing — recasting in statute form the formal relationship between the Executive, the Minister, the Oireachtas and An Garda Síochána as well as the Force's relationship with local Government. It imposes a clear statutory duty on every member of the force, when required to do so by a member of higher rank, to account for his or her action or inaction while on duty. Failure to do so is sufficient to ground disciplinary action which may lead to dismissal.

Already the Ombudsman Commission and the Garda Síochána Inspectorate have been appointed — the composition of both these bodies is indicative of the level of importance which the Government attaches to them. Staff from my Department have been assigned to each and are currently engaged in putting the necessary infrastructure in place. I understand that the Commission is working towards being in a position to receive complaints as soon as possible in 2007.

New Promotion Regulations came into effect on 22 September. Those regulations will bring about significant modernisation of the system for promotion within the Garda Síochána. They formalise the requirement for promotion to be based on merit and for all competitions to be held in a manner which is:

(a) fair, impartial and objective,

(b) in line with best practice,

(c) consistent throughout, and

(d) open, accountable and transparent.

These principles, combined with the introduction of additional external expertise in selecting candidates for promotion within the Garda Síochána, will result in a system which reflects current best practice.

In the wake of the recent reports, and with the agreement of the Commissioner, I have appointed a four person civilian expert group, chaired by Senator Maurice Hayes, to advise him on the development of management and leadership skills for senior officers, the promotion of a culture of performance management and accountability, the development of human resource management and succession planning and the development of specialist skills and enhanced training for members and staff of An Garda Síochána.

Of particular relevance in the context of the latest reports of the Tribunal are the new draft discipline regulations which have been drawn up. These are based on well-established principles in the private and public sector and are significantly more streamlined than the system which is currently in existence. The next step is for them to undergo consideration by the Garda representative bodies. Also, arising from the most recent reports, on my instructions regulations for a Whistleblower's charter within An Garda Síochána have been drawn up and are being finalised in consultation with the Commissioner, the Ombudsman Commission and Garda Inspectorate, as provided for in Garda Síochána Act 2005.

Change in our national policing service is being pursued in a vigorous but sensible manner — I am conscious of the fundamental importance of getting it right. I intend to do so.

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