Written answers

Tuesday, 10 December 2013

Department of Justice and Equality

Garda Síochána Ombudsman Commission Remit

Photo of Joan CollinsJoan Collins (Dublin South Central, People Before Profit Alliance)
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76. To ask the Minister for Justice and Equality if he is satisfied that the Garda Síochána Ombudsman Commission has sufficient powers to investigate Garda malpractice, in view of statements made by both the ombudsman commission and the Garda Commissioner. [52653/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The Garda Síochána Ombudsman Commission was established under the Garda Síochána Act 2005 to provide independent oversight of complaints made against members of the Garda Síochána. The Garda Ombudsman Commission has a hugely important role in ensuring that public confidence in the Garda Síochána is safeguarded, and has extensive powers under the 2005 Act to enable it to carry out its responsibilities.

With regard to the case for additional powers, I have already said that the Garda Síochána Ombudsman Commission has extensive powers, including full police powers of investigation, these include powers relating to, for example, entry and search of any place pursuant to a warrant, arrest with or without a warrant, search of a person, detention and questioning, taking fingerprints, issuing a summons and bringing of a charge against a person.

Both the Commissioner and the Chairperson agreed on the need for the highest possible level of co-operation between the two organisations. Revised protocols were agreed and signed by the Chairperson of the Ombudsman Commission and the Garda Commissioner on the 23rd September 2013. These revised protocols put in place clear procedures for the timely sharing of information and more generally for enhanced co-operation. The new protocols will support the Ombudsman Commission in carrying out investigations in the most effective and timely manner possible, to the benefit of both complainants and members of the Garda Síochána alike. They also reflect the commitment of the Garda Commissioner to the full co-operation of the Garda Síochána in these investigations.

As I have previously advised this House, I convened a meeting with the Garda Commissioner and the Chairperson of the Garda Síochána Ombudsman Commission on 23 July last to discuss the need for enhanced co-operation between the two bodies to ensure the effective and efficient investigation of allegations of Garda misconduct. I also informed the House in my earlier replies that I have established a committee chaired by a senior official of my Department, with senior representatives from the Ombudsman Commission and the Garda Síochána, to act as a forum where any future emerging issues concerning the protocols can be identified and appropriately addressed.

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