Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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333. To ask the Tánaiste and Minister for Justice and Equality if consideration has been given to establishing an ombudsman to determine and mediate grievance complaints made by members of An Garda Síochána in respect of management decisions that gardaí wish to appeal; and if he will make a statement on the matter. [33032/17]

Charles Flanagan (Laois, Fine Gael)
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The Deputy will be aware that the Ombudsman for the Defence Forces was established in 2005 to provide an independent, objective and accessible means of redress for individual members of the Defence Forces in addition to maintaining oversight of administrative and systemic practices. One of the key underlying principles of that office is to create an independent quality control mechanism to oversee procedures, practices and policies in the Defence Forces. The Ombudsman serves as an office of independent external review for serving members of the Defence Forces who must first exhaust existing internal grievance procedures before the Ombudsman can review or examine a case.

In relation to An Garda Síochána I am advised that a new anti-bullying and harassment strategy is being developed by An Garda Síochána as part of the Modernisation and Renewal Programme 2016-2021. The policy is being developed to ensure that any Garda members and staff experiencing bullying and/or harassment at work will receive the best possible organisational support in dealing with such issues.

The provision of an external third party has proved to be beneficial in resolving these types of complaints on an ad-hoc basis within An Garda Síochána and there would be merit in building external input into the system under development as a final resort for complainants alleging that they have been the victim of bullying or harassment. The Defence Forces Ombudsman is one model. It is a statutory body and legislation would most likely be required to replicate this system for An Garda Síochána. There are other models including the establishment of a panel of experts. In addition, of course it is the case at present that where an allegation of bullying or harassment would amount to a breach of discipline or a criminal office, a member may make a complaint to the Garda Síochána Ombudsman Commission. Any consideration of the introduction of a model similar to the Defence Forces Ombudsman would include a consideration as to whether to include provisions to determine and mediate grievance complaints made by members in respect of management decision that Gardaí wish to appeal, as is the case with the Defence Forces Ombudsman.

I have an open mind as to which model is most appropriate for An Garda Síochána provided that whatever changes are made to the current arrangements deliver a system that has the confidence of all concerned.