Written answers

Wednesday, 13 February 2013

Department of Justice and Equality

Garda Management

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry South, Independent)
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To ask the Minister for Justice and Equality his plans to introduce an independent police authority; and if he will make a statement on the matter. [7754/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The perceived advantage of a separate authority is that it interposes an additional layer of independent accountability between the political process and the management of An Garda Síochána. Where there is a single national police force, the case for the setting up of a policing authority to act as a link between democratic institutions and the day to day responsibility for operational policing loses much of its force. This additional layer would very seriously dilute democratic accountability and political responsibility, as well as the performance and effectiveness of An Garda Síochána itself. The relationship between the Garda Commissioner, the Government and the Houses of the Oireachtas has developed over time. The accountability of An Garda Síochána to the House, both directly and through the Minister for Justice and Equality, has been strengthened by the Garda Síochána Act 2005.

The separate roles of both the Minister and the Garda Commissioner in relation to an Garda Síochána are provided for under the provisions of the 2005 Act. The Act also made the Commissioner the Accounting Officer for the Force, and liable to appear before the Committee of Public Accounts in that capacity. In addition, the 2005 Act established the Garda Ombudsman Commission, which is empowered to carry out independent investigations into Garda conduct, as well as the Garda Inspectorate, which provides expert advice on achieving the highest levels of efficiency and effectiveness in the operation and administration of the Force. The accountability of the Garda Síochána has, through these measures, been significantly strengthened.

Another critical point overlooked by those who advocate a separate authority is that An Garda Síochána is not only the police service in this jurisdiction, it is the security service and border control authority of the State. To pass control of such matters to an unelected body beyond the executive and the legislature is untenable. It is more appropriate that An Garda Síochána should be accountable to the Government and to the Oireachtas - which are fully representative of, and dependent upon the support of the sovereign authority of the Irish people.

I have no plans to introduce a Garda Authority and there is no such commitment in the Programme for Government.

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