I welcome the publication of the third report of the Garda Síochána Complaints Board in relation to the operation of the Garda Síochána (Complaints) Act, 1986 to which the Deputy refers. I presented this report to Government last week and duly received approval to lay it before the Oireachtas and to publish it.
As part of an ongoing review mechanism, the 1986 Act, under which the Complaints Board was established, requires the board to keep the working of the system of investigation and adjudication of complaints under review and to report to me generally on these matters at regular intervals. The recently published report is the third such submitted by the board. In it, the board makes a number of recommendations for legislative and procedural change to improve the board's effectiveness and efficiency and to protect and enhance its independence.
These recommendations number more than 30 so it is not practical to discuss each one today. However, I will mention one of the significant recommendations set out in the report. The board makes the case for it to be allowed to decide the level of supervision of its investigations on a case-by-case basis. The Act provides for general supervision of the investigation of complaints by Garda officers and this, in practice, means that the board is confined to reviewing the investigation file, once submitted.
A consequence of this is that officers of the Complaints Board are effectively precluded from attending at interview between investigating officers and complainants or members of the force against whom complaints are made. This is regarded by the board as a significant deficiency in enabling it to effectively exercise its supervisory functions in regard to complaints investigation.
The board, therefore, recommends that the Act be amended to allow it to decide the level of supervision in each case, which would range from the status quo to the direct supervision of all aspects of an investigation. In this regard, however, the board made it very clear that in exercising a right to decide on the level of supervision, it would consider that reviewing the investigation file, as is currently provided for, would be sufficient for most investigations.
I emphasise that this proposal is but one of many requiring detailed consideration and consultation. While the board's recommendations are wide-ranging and detailed, the broad thrust of the current legislation allows complaints against members of the Garda Síochána to be dealt with effectively and fairly. That is not to say that enhancements to the current system cannot be made where appropriate. That is what the ongoing review of the Act and its operation is all about.
Many of the recommendations in the board's third report were included in its second triennial report and much of the analysis needed to reach conclusions on these recommendations is almost complete. I hope I will be in a position to bring proposals to Government arising from the board's recommendations in the near future. I see merit in many of the recommendations and am keen to see them implemented as soon as possible.