Vol. 526 No. 1
89 Mr. Coveney asked the Minister for Justice, Equality and Law Reform if, in order to maximise public confidence in the work of the Garda, he will consider the establishment of an independent ombudsman's office to monitor the work of Garda and to deal with any related concerns of the public. [25932/00]
Public confidence in any police force is maintained by insistence on high professional standards and a proper accountability framework within democratic structures. In the case of the Garda Síochána, it is accountable through the Minister for Justice, Equality and Law Reform to the Dáil, the courts and the Garda Complaints Board.
I have acknowledged the perceived shortcomings of the present Garda complaints system and that there is a level of dissatisfaction with its operation. It is my intention to shortly bring proposals to Government for amendment of the Garda Síochána Complaints Act, 1986, on foot of the review of its operation which is nearing completion. The proposals will enhance the board's current investigative role into complaints against members of the force.
As regards the establishment of an independent ombudsman's office to monitor the work of the Garda, I understand the Deputy is suggesting the adoption in this jurisdiction of the model now prevailing in Northern Ireland. However, the House will appreciate that the situation in Northern Ireland in relation to policing differs substantially from the position which has obtained in this jurisdiction. There were particular concerns in the North about policing and there was a serious lack of confidence in the police, at least among some sections of the community. As a result of a report by the now Senator, Dr. Maurice Hayes in 1997, it was accepted by all parties, including the police, that the existing complaints system was inadequate and should be replaced by an independent police ombudsman.
I am not satisfied that it would be appropriate or beneficial in this jurisdiction to follow the particular confidence building measures found necessary in Northern Ireland. I am confident, however, that the proposals I intend to bring forward to enhance the operation of the Garda Complaints Board will address effectively the concerns expressed in this area.
Does the Minister accept that by tabling this question I was not criticising the Garda Síochána but attempting to provoke a debate on maximising public confidence in the complaints procedure? Does he accept the Garda Complaints Board is outdated, particularly when we consider there were fewer than half the number of complaints when it was established in 1986 than there were in 1999? Does he also accept it is not appropriate to ask a member of the Garda Síochána to investigate the behaviour of a colleague?
Is the Minister aware that a European committee dealing with this area commented unfavourably last year on the fact that when a tribunal is set up by the current board system a Garda officer on the tribunal assesses a member of his force and that this is not the most appropriate way to assess the behaviour of members of the Garda Síochána? In the interests of public confidence and of ensuring confidence among the members of the force we should consider establishing an independent ombudsman's office to assess the behaviour of the Garda Síochána.
I accept Deputy Coveney's assurance that his question was tabled in an attempt to have a public debate on this matter and that it is not intended as a criticism of the Garda Síochána. I also accept there is a need for some change in this area and that things have changed and moved on since 1986. It is true that the European committee on the prevention of torture or inhuman or degrading treatment took a certain view on the participation of members of An Garda Síochána in the board and as investi gators. It is also true that a representative of the Garda sits on the Garda Complaints Board and that members of the Garda subsequently investigate the complaints made.
We are engaged in a review of the 1986 Act. Certain recommendations have come from the Garda Complaints Board, the DPP's office and the representative associations of An Garda Síochána. We also have our views in the Department of Justice, Equality and Law Reform. All these will be considered in the context of change. It would be unsafe and unwise of me to state what precisely the proposals will be without the review being completed. There is an argument for not having a member of the Garda Síochána on the Garda Complaints Board and, from the point of view of public perception, not having the Garda Síochána investigating itself. Nonetheless, complaints have been dealt with fairly. I hope the question of change will be addressed positively. There are points for and against.
That concludes priority questions.
