Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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284. To ask the Tánaiste and Minister for Justice and Equality the body to which a member of the public can go with a complaint against An Garda Síochána when the complaint has been rejected by GSOC; and if he will make a statement on the matter. [3257/18]

Charles Flanagan (Laois, Fine Gael)
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The Garda Síochána Ombudsman Commission (GSOC) was established as a statutory independent body, under the Garda Síochána Act 2005, to provide independent oversight of complaints made against members of the Garda Síochána.  

GSOC has a hugely important role to play in ensuring that public confidence in the Garda Síochána is safeguarded. It has extensive powers under the 2005 Act to enable it to carry out its responsibilities. The Garda Síochána Act stipulates that GSOC is independent in the exercise of its functions and indeed, it is this guarantee of independence which is the hallmark of effective oversight.

Respecting the independence of bodies such as GSOC is of paramount importance.  It would be a travesty if, having established such bodies, this House was then to seek to undermine their decisions.  

Once GSOC has received a complaint it is a matter for it alone to carry out any investigation and arrive at a conclusion. Where a person is dissatisfied with the outcome of an investigation devolved to the Garda Commissioner under section 94 of the Act that person may request the Commission to review the investigation.  In all other respects where a person is unhappy with a decision of the Commission they may take it up with the Commission itself.  Alternatively such an individual may wish to obtain independent legal advice on any other options available to them.

There is, as the Deputy is probably aware, a mechanism in the Act for an independent inquiry into the conduct designated officers of GSOC.  Section 109 of the Act permits the Minister, having consulted with GSOC, to invite the Chief Justice to nominate a judge of the Supreme Court, the Court of Appeal or the High Court to inquire into the conduct of a designated officer of GSOC while performing functions under section 98 or 99 in relation to an investigation.  Given the nature of such an inquiry, one which is carried out by a judge of the superior courts it can not be considered to be an ordinary complaints or grievance procedure and I would emphasise the point.  Furthermore, it is important to emphasise that the purpose of such an inquiry is to inquire into the conduct of a designated officer either on a particular occasion or in general in performing functions under the relevant sections.  Nevertheless, the section may be invoked in appropriate circumstances.