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

52. To ask the Tánaiste and Minister for Justice and Equality his plans to strengthen the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 in order to increase the powers of the Policing Authority with regard to monitoring transparency, providing oversight and ensuring accountability, particularly in view of the ongoing crises within An Garda Síochána; and if he will make a statement on the matter. [32754/17]

Charles Flanagan (Laois, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Deputy will be aware that the Policing Authority is an independent statutory body established on 1 January 2016 to oversee the performance of An Garda Síochána in relation to policing services, to promote public awareness of policing matters and to promote and support the continuous improvements in policing in Ireland.

The statutory basis for the Authority is the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015, which amended the Garda Síochána Act 2005. The establishment of the Policing Authority represents one of the most significant developments in policing since the founding of the State.

The Authority is tasked with overseeing the performance of the Garda Commissioner in respect of the very wide remit of all policing services, while developing a key role in the future appointment of senior Garda management and civilian staff and driving reform of the policing system and practices. Since its establishment on 1 January 2016, I believe that the Policing Authority has proven to be very effective in the performance of its functions in this regard. For example in its first year of existence, the Authority has met with the Commissioner and her senior team on 13 occasions. It 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 2017 Policing Plan which it also approved. In addition, it has reviewed and issued recommendations on the Garda Protected Disclosure policy and has also published a Code of Ethics that includes standards of conduct and practice for Garda members.

The Deputy will also be aware that the Report of the Joint Committee on Justice and Equality on Garda Oversight and Accountability, published in December 2016, includes a number of recommendations in relation to the statutory remit of the Authority. I want to make it clear that the Government is fully supportive of the Authority having appropriate powers so that it can carry out its oversight functions in an efficient and effective manner. However, I would draw the attention of the Deputy to the provisions of section 62O of the Garda Síochána Act 2005, which requires the Authority to prepare a report on the effectiveness of the Authority and the adequacy of the functions assigned to it by the legislation. The report can contain recommendations for improving the effectiveness of the Authority and is required to be submitted to me, as Minister, within 2 years of the establishment of the Authority. There is also a requirement for the report to be laid before the Houses of the Oireachtas.

Thus, the legislation envisages that it would be prudent for the Authority to examine, after a reasonable period of time, whether it is adequately empowered to carry out its oversight functions. In this manner, an informed decision can be taken in due course, having due regard to the views of the Authority and, of course, the Report of the Committee, as to whether additional powers would be needed by the Authority and the nature of any such powers.