Clare Daly (Dublin North, United Left)
Link to this: Individually | In context | Oireachtas source

28. To ask the Minister for Justice and Equality if she is satisfied with the functioning of the Garda Síochána Ombudsman Commission; and if she will make a statement on the matter. [13312/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Garda Síochána Ombudsman Commission (GSOC) is an independent statutory body established under the Garda Síochána Act 2005. The objectives, functions and powers of GSOC are governed by the 2005 Act. The Act also provides that the management and control generally of the officers, administration and business of GSOC is the responsibility of the Chairperson of GSOC.

It is vital that the public has strong confidence in the Garda Síochána and the system of oversight of the Garda Síochána. This Government is, at present, implementing a comprehensive programme of reform in the areas of policing and justice. This includes plans to establish an independent Garda Authority.

The Deputy will be aware that the Oireachtas recently enacted the Garda Síochána (Amendment) Act 2015 to reform, strengthen and clarify the remit and operation of GSOC. The provisions of the new Act include;

- the inclusion, for the first time, of the Garda Commissioner within the investigative remit of GSOC;

- a broadening of the scope for me, as Minister, to refer matters to GSOC for investigation;

- the conferral of additional police powers on GSOC for criminal investigation purposes;

- greater autonomy for GSOC in examining Garda practices, policies and procedures.

My Department remains in ongoing discussion with GSOC in relation to staffing and financial requirements,and the changes to their powers and remit, with a view to ensuring that GSOC is enabled to operate effectively and efficiently and in accordance with its statutory remit.

As the Deputy is aware Mr Simon O'Brien resigned from his position as Chairperson of GSOC on 30 January 2015. I will be advertising the position of Chairperson of GSOC shortly. I should point out that the person who will be appointed to GSOC will serve out Mr O'Brien's term of office which will expire at the end of December 2016.

It is important to understand that the 2005 Act provides for a situation where one member of GSOC has resigned his or her position. Accordingly, the Act permits GSOC to act notwithstanding one or more than one vacancy among its members. So, while I am anxious to fill the vacancy which currently exists there is no question of the Commission not being in a position to function effectively in the meantime.