Written answers

Tuesday, 18 November 2014

Department of Justice and Equality

Garda Oversight

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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122. To ask the Minister for Justice and Equality the steps taken and progress made to address the root causes of each of the Garda controversies from earlier this year, to include any improvements or departures in direction since her tenure as Minister commenced; if she will provide a clear timeframe for her reform programme; and if she will make a statement on the matter. [43822/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The underlying focus of the Government’s comprehensive programme of justice reform is to put in place effective arrangements for the oversight, governance and accountability of the Garda Síochána. The very broad nature of the policing issues that have come to attention requires a multi-faceted response. Overall, the Government’s objective is to ensure that the confidence of the public in the Garda Síochána is maintained and bring forward the necessary change so that the high quality and respected service that the Garda Síochána has provided is continued and enhanced to better meet the realities, requirements and expectations of 21st century policing.

Considerable progress has already been achieved with regard to the various elements of the Government reform programme and, in particular, I would draw the attention of the Deputy to the following items:

- The Independent Review Mechanism, consisting of a panel of counsel established to examine approximately 300 complaints alleging Garda misconduct or problems with investigating misconduct, is continuing its work and has made significant progress;

- The Public Appointments Service is currently managing the first open competition to appoint a new Garda Commissioner. It is expected that the new Commissioner will be appointed by early December;

- Following a process undertaken by the Public Appointments Service seeking expressions of interest, the Government has recently nominated Ms Josephine Feehily as the Chairperson-designate for the forthcoming Independent Policing Authority. As Chairperson-designate Ms Feehily will assist in the final round of the recruitment process for the appointment of the Garda Commissioner as well as preparations for the establishment of the Authority;

- I have published the General Scheme of a Bill to provide for the establishment of the new Independent Policing Authority. The General Scheme has been referred to the Joint Oireachtas Committee on Justice, Defence and Equality for scrutiny in parallel with the priority drafting of the Bill which will be introduced in the Oireachtas as soon as practicable;

- I have also recently published the Garda Síochána Inspectorate’s crime inspectorate report. The report deals with crime recording and investigation, and also deals with some of the concerns raised by Mr. Seán Guerin SC in his report to the Government earlier this year in respect of certain Garda actions. The report contains more than 200 recommendations for implementation which are being actively pursued;

- Work is being finalised on the establishment of a Commission of Investigation into matters identified in the Guerin report;

- The Fennelly Commission of Investigation set up to examine the operation of telephone recording systems in certain Garda Stations over many years, as well as other matters, recently sought an extension to its end of 2014 deadline for the submission of its report. However, the Commission has indicated that it will submit an interim report in respect of specific issues;

- The report of Judge Cooke’s inquiry into reports of unlawful surveillance of GSOC has been published and GSOC has published a redacted version of the report it commissioned into the possible disclosure of confidential information;

- The Garda Síochána (Amendment) (No. 3) Bill 2014 has been introduced to expand the remit and powers of the Garda Síochána Ombudsman Commission (GSOC). In addition the Bill contains measures to clarify certain matters raised in Judge Cooke’s report and amendments are also being made to legislation in respect of the exercise of certain police powers by GSOC;

- The review of the Garda Síochána under the Haddington Road Agreement is expected to be completed shortly and encompasses all aspects of the operation and administration of the Garda Síochána;

- I published the Report of the Independent Review Group on the Department of Justice and Equality in July and I am working closely with the Department’s senior management team to implement the report’s recommendations;

- The Protected Disclosures Act 2014 has amended Garda legislation to allow Garda members to make “protected disclosures” to GSOC in confidence in respect of alleged Garda misconduct. The relevant provisions of the Act have been brought into operation;

- The recently enacted Freedom of Information Act 2014 extends to the Garda Síochána.

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