Vol. 392 No. 9
asked the Minister for Justice if his attention has been drawn to the fact that the Garda Complaints Board have had to stop processing complaints because of the huge backlog of complaints due to inadequate staffing levels; if, in view of the implications of this development for the Garda and for members of the public with complaints, he intends to sanction the appointment of additional staff; and if he will make a statement on the matter.
30.
asked the Minister for Justice the reason he has refused to make available sufficient trained staff to the Garda Síochána Complaints Board to enable them to discharge their statutory functions.
I propose to take Questions Nos. 16 and 30 together.
I am, of course, aware of the Garda Síochána Complaints Board's decision not to process complaints made to them after 11 August 1989 until an accumulation of complaints on hand has been dealt with. Prior to that decision the board had kept my Department informed of their workload and of their request for extra staff. As a result of representations made by me, the Department of Finance in July last agreed to sanction four extra members of staff to board, thereby increasing their complement from six to ten. The extra staff is being made available by redeployment from elsewhere in the Public Service. Two of them have taken up duty with the board and the assignment of the other two is being attended to by the Department of Finance as a matter of priority.
The allocation of resources to any particular State-funded body must be considered in the light of the constraints which apply to all areas of public expenditure at present. Notwithstanding these constraints, it was found possible, with a considerable degree of difficulty, to get agreement to provide four extra staff to the board. That was in addition to an extra staff member who had been assigned to the board late last year. I consider that the commitment of this number of extra staff to the board should help to ease their difficulties very considerably indeed. I had hoped that such an increase in staff would have enabled the board to carry out their functions without interruption. I conveyed my views to that effect at a meeting I had with the chairman and a delegation from the board and I suggested that they might consider deferring their decision not to process complaints made after 11 August to allow for an assessment of the impact of the extra staff on the board's workload. I regret that the board did not find it possible to agree with my suggestion. I will, of course, continue to monitor the situation.
I should also mention that the Garda Síochána (Complaints) Act, 1986, provides for the board keeping the workings of the system of investigation and adjudication of complaints under review and making a report thereon to the Minister for Justice within three years of the board's establishment — that is, by next April. That review and report may, of course, have implications for the Board's operations and workload.
The Minister said he is keeping the matter monitored. Could he tell us to what extent this monitoring is taking place? Does he not accept that the board simply cannot do the impossible? Is he not aware that 600 cases were carried over from one year to the next, that there are currently 800 cases to be dealt with and there is simply no way the board could be expected, in the circumstances, to take on new work? Secondly, would the Minister agree that this is an appalling situation for the Garda Síochána who are waiting long in line for the complaints against them to be disposed of, that it is affecting morale greatly and, on the other hand, is undermining any confidence the public have in the complaints board procedure?
It was for those precise reasons that I put pressure on the Department of Finance and secured the four extra staff, bringing the number up to ten. The number of complaints that arrived on the desk of the board in the first year was far greater than had been envisaged when the legislation was being set up and it was for that reason that my predecessor agreed to an additional member of staff for the board at the end of last year. It is for precisely the reasons outlined by the Deputy that the extra staff has been secured for the board. It is hoped—and this is something we are monitoring — they can come to grips with the backlog as soon as possible and then tackle the new, unattended files.
I am very anxious for the Minister to give us more details of these invisible extra staff that he is telling the House about. I can tell the House and the Minister, if he does not know it already, which I doubt, that these staff do not exist. As of yesterday, the number of people working in the Garda complaints office was seven, to my certain knowledge. Is the Minister not totally misleading the House when he talks about the additional numbers that he secured, bringing the total number up to ten? That is just not correct. Secondly, does he not accept that this board are not able to discharge their statutory duty, a duty laid down as a consequence of an Act of this Oireachtas, and that the reason for that is the Minister's refusal to allow them sufficient supervisory staff to investigate the complaints? Lastly, I would ask the Minister his view on the new complaints that have been piling in at the rate of 80 a month since the shutters were pulled down. What is his view on a board——
The Deputy has made his point.
——that cannot even look at these complaints and, I am told, will not be able to do so for nine to 12 months?
As I have already said to the previous Deputy, I share the concern in relation to the position in the board. It is for that reason that I fought as hard as I did after being appointed to get extra staff for them.
They are not there.
They got sanction for four people.
They are not there.
Two have taken up position; two more, through redeployment, were to take up their posts but that did not happen and two were offered to them on a temporary basis, which they rejected.
A vacancy has not been filled.
In the meantime, I share the Deputy's concern in relation to the outstanding cases and I hope the board will proceed as rapidly as possible to deal with the outstanding cases before them. The situation will be kept under review and if there is a requirement for further staff, taking account of the ten people who have been approved, the matter will be considered.
I would ask the Minister to elaborate on the matter. He told us in a previous supplementary reply that the number of staff has been increased to ten and he sought to give the impression that the ten people were in place. Would he confirm the number of staff now on duty in the Garda complaints office?
I have just answered that question.
What is the number?
The number is seven.
Deputy Pat McCartan, a final question. We must proceed to deal with Priority Questions shortly.
If the Minister can do no better in terms of numbers, perhaps he could look at the question of the work and qualifications of the people he has secured. As the Minister is aware, one of the main problems facing the board is that they do not have staff with investigative status. Would he look at that aspect of the matter and ensure that each of the people who will fill the remaining three or four positions have investigative status so that the board can get on with their work? He is also aware of this problem because it was clearly put in front of him——
I am very much aware that the investigations being carried out by the investigating staff nominated by the board, normally at inspector rank but sometimes higher, take up a considerable amount of Garda time, as well as board time. Let me point out that a general review of the operations of the board is due to take place in April next when the implications of this for the board's operations and workload will be looked at, but in the meantime I am hoping that the additional staff which have been approved will help ease the workload. As I have already said, I share the Deputy's concern on this matter. I have asked——
Then why not do something about it?
I am sorry, but the time has come to deal with Questions nominated for priority.
I wish to give notice, in view of the inaccurate and misleading information the Minister has given to the House on the numbers at present at work in the Garda complaints tribunal, that I intend to raise this matter on the Adjournment.
I will communicate with the Deputy but one must have regard to Standing Orders in respect of the time of notice in such matters.
On a point of order, since his appointment the Minister for Justice has only answered questions for less than half an hour. Is he aware that the next occasion on which we may ask him questions is 13 December?
That is hardly a point of order, Deputy.
Is the Minister satisfied that he is properly discharging his duties and fulfilling the functions of the office of Minister for Justice?
The Deputy must appreciate that he is now deliberately and consciously eroding the precious time available for priority questions.
For one half hour and not again for six weeks.
