Matt Carthy (Cavan-Monaghan, Sinn Fein)
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623. To ask the Tánaiste and Minister for Justice and Equality if the remit of the Garda Síochána Ombudsman Commission will be expanded to provide for investigations and findings in respect of those who have retired from An Garda Síochána; and if she will make a statement on the matter. [24857/22]

Helen McEntee (Meath East, Fine Gael)
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As the Deputy may be aware, under section 87(4) of the Garda Síochána Act 2005, the remit of the Garda Síochána Ombudsman Commission (GSOC) extends to investigating complaints of a criminal or non-criminal nature against former members of An Garda Síochána. This is subject to the complaint meeting admissibility requirements with regard to time limits which may be extended for good reason and other criteria. Where a criminal offence is identified GSOC may send a file to the Director of Public Prosecutions recommending the prosecution of the former member concerned. There are, however, challenges in dealing with allegations of a non-criminal nature as former members are not amenable to Garda disciplinary action. As a result, any recommendations that GSOC might make on foot of its investigation, for action by the Garda Commissioner in respect of the former member, cannot be acted upon.

The Policing, Security and Community Safety Bill will provide for a reformed and strengthened GSOC in line with the recommendations of the Commission on the Future of Policing in Ireland. Under the Bill, the reformed body, to be renamed the Office of the Garda Síochána Ombudsman (OGSO), will have an expanded remit as well as the benefit of a streamlined investigative process that will support timely, transparent and effective investigations of allegations of wrong-doing in the interests of all – complainants, members of An Garda Síochána and the wider public.

With regard to former members, as is the case under the 2005 Act, there will be no statutory barrier to the Garda Síochána Ombudsman investigating a complaint as long as that complaint is deemed to be admissible. If the complaint relates to a criminal matter, the Ombudsman will have the power to investigate using all of the powers that would be available to a member of An Garda Síochána and if a criminal offence is identified, to send a file to the Director of Public Prosecutions recommending prosecution. If the complaint relates to a non-criminal matter, the Ombudsman will have appropriate investigation powers that may be used in relation to any person including a serving or former member but the challenge remains that no sanction may be imposed on the former/retired member if the complaint is substantiated.

Notwithstanding the lack of sanction, the value in pursuing such an investigation is in the opportunity to provide some recognition, resolution and satisfaction to the complainant; to take learnings from the incident; to identify any systemic issues that may have contributed to the incident; and to provide An Garda Síochána with recommendations for improvement based on the findings of the investigation.

The pre-legislative scrutiny report of the Oireachtas Justice Committee is expected shortly and the recommendations of the report will inform the further drafting of the Bill to ensure delivery of this key piece of legislation.