Vol. 563 No. 2
131 Mr. Boyle asked the Minister for Justice, Equality and Law Reform the details of the proposed three-tier disciplinary process for gardaí that is intended to be contained within the proposed Garda inspectorate legislation. [7492/03]
179 Mr. Boyle asked the Minister for Justice, Equality and Law Reform the details of proposals that are being considered to appoint a Garda ombudsman. [7493/03]
I propose to take Questions Nos. 131 and 179 together.
The programme for Government contains a commitment to establish an independent Garda inspectorate which would have the power to investigate complaints and would also have the powers of an ombudsman. Work on the preparation of a general scheme of a Bill to provide for this is well advanced and I intend bringing it to Government in the near future with a view to publication later this year.
With regard to the specific question of a three-tier disciplinary process raised by the Deputy, I am still in the process of finalising my proposals and to that extent I do not wish to go into too much detail at this stage on the precise mechanisms proposed for the inspectorate. In general, however, I envisage the inspectorate having complete independence in the investigation or oversight of complaints. Some minor complaints – I use that term in a relative sense, as every genuine complaint is important to the person making it – ought to be capable of being resolved informally. More serious complaints would require formal investigation and one approach would be for the inspectorate, exercising its independent judgment to investigate such a complaint or to monitor and supervise the investigation of the complaint by the Garda Commissioner. In such a scheme, I envisage a category of very serious complaints which would, in all cases, have to be investigated directly by the inspectorate.
This is one of the models I am considering but I emphasise that I am still in the process of finalising the details of my proposals. I am clear, however, that the inspectorate will be fully independent, will have the powers of an ombudsman, will have its own investigators and will have the capacity for the independent investigation or oversight of complaints.
I refer the Deputy to the reply to Parliamentary Question No. 13 on 6 February last on the proposed role of the inspectorate and I draw particular attention to the commitment I gave to refer the draft proposals to the Human Rights Commission under the terms of the Human Rights Commission Act, 2000.
The Minister says the inspectorate will have the powers of an ombudsman. Why not go for the ombudsman model? Would that not have been preferable? Does the Minister accept that we witnessed difficulties with Garda conduct during the Reclaim the Streets debacle? We are aware of that brutality because of the presence of Indymedia and its cameras and had it not been there, there would be no investigation. The demonstrators may even have been disbelieved in many quarters. We have CCTV cameras throughout the city. Does the Minister believe the inspectorate should have the power to acquire CCTV footage which is usually used to catch criminals? It could also be used to monitor Garda conduct. Has the Minister envisaged such a power for the inspectorate?
The Deputy should be aware from press reports that a decision has been made to refer the case mentioned for criminal prosecution before a jury in the Circuit Court. Therefore, he and I must be careful that nothing said in this House could be capable of being relied upon by any party be it victim or accused in relation to that matter.
I did not say anything.
The Deputy also asked why I did not introduce an ombudsman in this area. An ombudsman responds to individual complaints. I want to have something capable of dealing with systemic problems in regions. It would not make sense to have two separate agencies in this area.
The answer to the question regarding evidence in the possession of third parties is yes, an effective inspectorate would have to have the capacity not simply to obtain material which is in the possession of the Garda Síochana but also to have compulsory powers to acquire evidence from third parties.
Written Answers follow Adjournment Debate.
