Vol. 523 No. 3
10 Mr. Barrett asked the Minister for Justice, Equality and Law Reform the number of complaints at present before the Garda Complaints Board awaiting consideration; the number of complaints outstanding for in excess of a year and two years respectively; and the plans he has to reform the current law relating to dealing with Garda complaints. [20891/00]
50 Mr. Deasy asked the Minister for Justice, Equality and Law Reform the plans he has for improving the Garda Síochána (Complaints) Act, 1986, in view of public scepticism regarding the present procedures; and if he will make a statement on the matter. [20875/00]
68 Mr. Broughan asked the Minister for Justice, Equality and Law Reform the progress made to date in his Department's review of the operation of the Garda Síochána (Complaints) Act, 1986; when he expects to be in a position to bring proposals to Government in view of the serious public dissatisfaction with the operation of the current Garda complaints system; and if he will make a statement on the matter. [20156/00]
135 Mr. Shatter asked the Minister for Justice, Equality and Law Reform the number of complaints at present before the Garda Complaints Board awaiting consideration; the number of complaints outstanding in excess of one and two years respectively; and the plans he has to reform the current law relating to dealing with Garda complaints. [20898/00]
I propose to take Questions Nos. 10, 50, 68 and 135 together.
My Department is at present completing a thorough review of the operation of the Garda Síochána Complaints Act, 1986, on the basis of recommendations for change made by the Garda Síochána Complaints Board in its reports and on the basis of views expressed by the Council of Europe Committee on the Prevention of Torture and Inhuman or Degrading Treatment; and also taking into account the views of Garda management and the Garda Representative Associations. I have also been listening to the public debate that has taken place on the subject during the course of recent months. It is my intention to bring proposals to Government shortly for amendment of the Act, on foot of this review.
I am aware of the perceived shortcomings of the present system and the dissatisfaction with its operation, in certain quarters. While it would not be appropriate for me to comment in detail on the proposals I will bring to Government, I assure the Deputies that the general thrust of my proposals will be to enhance the role of the complaints board in investigating complaints against members of the Garda Síochána. To this end, I have been concerned to get the balance right and not to rush the review which is now close to completion.
As regards complaints which are outstanding, I am informed by the Garda Complaints Board that the figures up to end August 2000 indicate that there are 1,020 complaints on hand. A total of 335 of these are outstanding for in excess of one year and of that figure, 137 for in excess of two years.
To some extent these figures are indicative of the inadequate numbers of staff which have, until recently, been at the board's disposal. Some months back I secured approval for a significant increase in the number and grading of staff for the board. Once these staff are recruited and in place I would expect to see an improvement in the time within which the board can deal with complaints. However, there will always be cases which, because of particular circumstances, take an unusually long time to complete, and these would be reflected in the figures which I have given, particularly those relating to cases which have been on hand for more than two years.
Would the Minister agree that there is now substantial public scepticism about the Garda Complaints Board in the context of complaints rarely if ever being held to be justified? Could the Minister indicate to the House what disciplinary action, if any, has ever resulted as a consequence of complaints being held to be justified? Could the Minister indicate, in the context of the proposals for reform which he is bringing before the House, by what date he expects to publish legislation in this regard, and what consideration he has given to the new model being proposed for Northern Ireland whereby a police ombudsman will be put in place?
The Deputy will appreciate that it is difficult to give a precise timetable for legislation. However, the recommendations from the Garda Complaints Board, which are before me, are for reform of the present complaints system. The board has expressed confidence in the present system, subject to the changes it has recommended. I will take account of these and all other observations.
With regard to policing in Northern Ireland, I do not need to remind Deputy Shatter of what I would describe as the very delicate nature of policing there, which calls for particular confidence-building measures.
On the wider question of whether there should be a Garda representative or a representative of the Commissioner on the board, and whether that individual should be involved in investigating and so on, that is something on which I have an open mind. There is an argument for having police involvement in terms of investigation for the simple reason that there is no other agency that I can think of which would be more appropriate for carrying out an investigation in the country at present. On the other hand, there is the question of the perception of the independence of the board which is of considerable importance and to which the European committee referred. I have an open mind on it. It is something I would like to have discussed in the House in due course.
I welcome the Minister's openness in this regard. Does he accept that it is wholly unacceptable that 137 cases have been outstanding for two years? Would he further accept that there is disquiet not only on the Garda Complaints Board but also on the part of Garda Síochána and among the general public in relation to the processing of complaints currently, and that a new approach is required? In that regard, would the Minister be willing to bring proposals in the first instance to the Oireachtas committee? I indicated during the summer that I will publish Labour Party proposals very shortly. Would the Minister accept that this is an issue that should be worked through consensus among the parties in this House?
I would certainly be prepared to bring any such proposals before the committee on Justice, Equality, Defence and Women's Rights because that is the appropriate forum in which to discuss this.
Would the Minister bring in the heads of the Bill in advance of this proposal?
I do not believe any Minister for Justice has ever brought heads to a committee in relation to legislation of this kind.
It would be innovative yet again.
That includes Deputy Howlin himself who was relatively prolific in relation to legislation. I do not recall Deputy Howlin bringing legislation before an environmental or health committee of the House in his role as Minister. Be that as it may, I would be prepared to discuss proposals with the committee.
I have been considering submissions from var ious sources, not least the Garda Síochána. We also have recommendations for change from the Council of Europe Committee for the Prevention of Torture or Inhuman or Degrading Treatment. We have the complaints board's report, and we also have submissions from other interested parties, including the Director of Public Prosecutions and staff associations. All of these proposals are ones I would be willing to discuss with the committee in due course. However, I would first like to formulate it.
With regard to the question of delays, most complaints would not take anything like one or two years to investigate. The reason a complaint might take this amount of time is invariably related to the existence of ongoing legal proceedings, which means delays. I do not mean that in any derogatory sense—
Speaking as a lawyer.
—but as a fact. I understand that in regard to about 30 of the cases, delays have arisen from the Donegal situation, which we discussed earlier. I also accept that the board has a major caseload and that it requires additional staff. Steps have been taken to address this.
What additional staff does the board require? When will the board get that staff? Would the Minister acknowledge that quite a number of the cases which have been awaiting decision for more than a year do not involve legal proceedings and that it is unfair to the complainant where the complaint is genuine that a case should take so long, and to the member or members of the Garda Síochána who are the subject of a complaint, particularly where the complaint is not valid, is spurious or simply mischievous?
Delays are of great concern, particularly where the garda concerned is the victim of a frivolous complaint. There are inevitably delays. I have stated that many delays are related to the issuing of legal proceedings.
With regard to staff, six new staff are being recruited. We received sanction for the following staff in March: three assistant principal officers; two higher executive officers; and 1.5 executive officers. Higher executive officer posts were filled in June and July, 2000. One executive officer post was filled in April, 2000. The job-sharing post remains to be filled. The assistant principal posts have not yet been filled due to the absence of a promotion panel. It is expected that a panel will be available at the end of October or early in November.
Earlier the Minister sought precedent, that the Human Rights Commission Bill, 1999, where heads were brought, might be analogous to the situation where we could build consensus on an issue which is reflective of changing roles in Northern Ireland and, therefore, not unrelated. Would he accept that to date there is a strong feeling among the general public that there is inadequate transparency in the mechanism of determining complaints to the Garda Complaints Board?
I am generally satisfied with the operation of the complaints Act and the board, but I accept, as I said earlier, that there are improvements required. The board has made recommendations; therefore, it feels there is room for improvement also.
On the issue of consensus, I agree with Deputy Howlin that it would be more desireable if we could reach a consensus across the floor of the House on the Garda Complaints Board because in truth this matter is above politics. It is really about the dispensation of justice and people's confidence in the Force, in which I believe they can have plenty of confidence. I accept it is important that the perception of independence be maintained and in that context I will certainly be prepared to discuss the proposals which have been brought forward with the Committee on Justice, Equality, Defence and Women's Rights to see if we can reach agreement on how the board might best proceed.
