Written answers

Thursday, 27 February 2014

Department of Justice and Equality

Garda Síochána Ombudsman Commission Remit

Photo of Luke FlanaganLuke Flanagan (Roscommon-South Leitrim, Independent)
Link to this: Individually | In context | Oireachtas source

12. To ask the Minister for Justice and Equality if he will immediately implement legislative changes to make the Garda Commissioner accountable to GSOC rather than the Minister for Justice in the interests of accountability and transparency. [9678/14]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I presume the Deputy is referring to suggestions for an extension of the oversight functions of the Garda Síochána Ombudsman Commission to include oversight of the Garda Commissioner and not that the Garda Commissioner should be accountable for the performance of his statutory functions to the Ombudsman Commission.

It is important that the Garda Síochána is operationally independent and democratically accountable. The Garda Síochána Act 2005 seeks to achieve those objectives by specifying the functions of the Garda Commissioner and the Force on the one hand, and the Minister for Justice, the Government and the Houses of the Oireachtas on the other.

The 2005 Act provides that the Commissioner has the function of directing and controlling the Garda Síochána, and that he is accountable to me as the Minister for Justice, and through me to the Oireachtas, for the performance of that function. The Commissioner is responsible for recruitment, training, discipline, the distribution of members and for all other aspects of the management and administration of the Force. The 2005 Act also made the Commissioner the Accounting Officer for the Force, and liable to appear before the Committee of Public Accounts in that capacity.

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, including full police powers of investigation.

Some weeks ago I announced that I would be bringing to Cabinet a number of amendments to the Garda Síochána Act 2005 relating to the Garda Ombudsman Commission. It has subsequently been agreed at Cabinet that the Joint Oireachtas Committee on Justice, Defence and Equality would be asked to hold such hearings as it deems appropriate and necessary for the purpose of making any recommendations as to amendments it proposes be made to the 2005 Act. I expect the Committee will consider, as part of its deliberations, the extent of the remit of the Ombudsman Commission. I do not want to pre-empt the outcome of the deliberations of the Committee and I look forward to the Committee's report on the matter.

Comments

No comments

Log in or join to post a public comment.