Mick Wallace (Wexford, Independent)
Link to this: Individually | In context | Oireachtas source

14. To ask the Minister for Justice and Equality if she will amend the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 to further empower the Policing Authority in order to make the Garda Commissioner directly answerable to the authority; and if she will make a statement on the matter. [7672/17]

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

The establishment of the new Policing Authority has been both a welcome and, I think, necessary addition to the policing landscape in the State. It has brought a dedicated layer of public accountability to the operation of policing services and it represents one of the most significant and progressive reforms to the justice sector over recent years. Indeed, the recent transfer of the appointment function in relation to the senior ranks is a particularly important signal of this reform.

This House recently debated the Joint Committee on Justice and Equality's Report on Garda Oversight and Accountability and I made the point during that debate that the recent changes related to policing need further time to fully embed themselves before we can fully assess the Authority’s effectiveness. That said, I strongly believe that the Authority has made a significant impact during its first year.

Since its establishment, it has focused, as a matter of priority, on its functions which have statutory deadlines and reform significance. It has met on several occasions with the Commissioner and her senior team, as a follow up on its consideration of the O’Higgins Report and related matters. A number of these meetings have been held in public to reassure the community about the performance of An Garda Síochána. Areas that have been highlighted in the discussions include:

- implementation of the Modernisation and Renewal Programme within An Garda Síochána;

- review of the Garda Protected Disclosure policy;

- plans to conduct a culture audit within An Garda Síochána;

- corporate governance arrangements and management structures within An Garda Síochána; and

- arrangements for training and the professional development of members.

The Authority has approved a three year Strategy for An Garda Síochána. It has also determined the policing priorities for 2017 which informed the content of the recently published 2017 Policing Plan. It has reviewed and issued recommendations on the Garda Protected Disclosure policy and also recently launched a Code of Ethics which includes standards of conduct and practice for Garda members.

In developing the legislative framework that now governs policing in the State, considerable thought was given to the Constitutional framework within which it would operate. In this regard, it is clearly the position that the public functions of An Garda Síochána relating to policing and security are important elements within the executive power of the State and must therefore be exercised, in accordance with Article 28.2 of the Constitution, by or on behalf of the Government. Accordingly, the provisions in the Act are designed to strike the right balance between, on the one hand, the exercise by the Policing Authority of effective and meaningful oversight of the Garda Síochána and, on the other hand, the retention by Government of essential residual powers in relation to policing. In my view, this new dispensation, although still in its early stages of development, is showing tangible results that bode well for its future.

Having said that, I accept fully that we need to monitor how the new arrangements are working and, indeed, the legislation makes provision in this regard. The Authority is required, within 2 years of its establishment to submit to the Minister for Justice and Equality a report on the effectiveness of the Authority and the adequacy of the functions assigned to it. In addition, there is a requirement on the Minister for Justice and Equality, in consultation with the Minister for Public Expenditure and Reform, to review the operation of the statutory provisions relating to the Authority. That review must take place not later than 5 years after the establishment of the Authority.

These provisions will ensure that the current Garda oversight arrangements can be kept under review in an orderly and sensible fashion. They will also provide an appropriate mechanism whereby any amendments considered necessary to the functions of the Authority can be identified.

While I have no plans at present to amend the legislative framework relating to the Authority, the Deputy will be aware that I have already informed the House that I intend to seek Government approval shortly to prepare Heads of a Bill to amend Part 4 of the Garda Síochána Act 2005, which concerns the Garda Síochána Ombudsman Commission, to improve its operation. I expect the forthcoming changes to reflect the recommendations relating to GSOC in the Joint Committee’s Report.

Finally, I want to reiterate that I and the Government are fully committed to ensuring that An Garda Síochána continue to provide a modern, efficient and accountable policing service and I have every confidence that the new structures which have been put in place are a significant contribution to that.