The purpose of this meeting is to consider the motion re the appointment of a member of the Garda Síochána Ombudsman Commission. I welcome the Minister and her officials to the meeting to assist the committee in its consideration of this matter. I invite the Minister to brief the committee on the motion and this will be followed by a question and answer session.
Appointment of Member of Garda Síochána Ombudsman Commission Motion: Minister for Justice and Equality
I am pleased to attend the committee to discuss the nomination of Ms Justice Mary Ellen Ring for appointment by the President to the position of chairperson of the Garda Síochána Ombudsman Commission. I believe that Ms Justice Ring will be an excellent chairperson of GSOC. The Government is proposing Ms Ring to fill the vacancy of chairperson of the ombudsman commission arising from the resignation of the previous chairman, Mr. Simon O’Brien, at the end of January. Mr. O'Brien resigned to take up an appointment as chief executive of the Pensions Ombudsman Service in the UK. He had been appointed chairperson of GSOC with effect from 13 December 2011, together with Ms Carmel Foley and Mr. Kieran FitzGerald, as members for a period of five years.
The Garda Síochána Ombudsman Commission was set up under the Garda Síochána Act 2005 to provide a system for receiving complaints and dealing with allegations of misconduct by gardaí. The ombudsman is required to carry out its investigations in a manner that is efficient, effective and fair to all concerned and to promote public confidence in the process for resolving these complaints. Independence is the cornerstone of GSOC’s existence and is statutorily guaranteed. Consequently, its investigators are given similar powers to those given to Garda members, including the power to arrest, detain and question. In addition to investigating complaints against Garda members, GSOC may also initiate investigations in the public interest, including in situations where no complaints have been made.
I recently laid the GSOC annual report for 2014 before both Houses of the Oireachtas. The year 2014 was a particularly challenging year for GSOC in which it was the subject of much political and media commentary and some controversy. Notwithstanding these pressures, 2014 was also a busy year for GSOC. The annual report states that GSOC received 11% more complaints in 2014 over 2013 and concluded 8% more cases in 2014, compared with 2013. I have discussed on previous occasions with the Opposition spokespersons the question of the co-operation between the Garda Síochána and GSOC. I was particularly pleased to note that there was a marked improvement in efficiency, in dialogue and co-operation with the Garda Síochána. This would suggest that the revised 2013 protocols between GSOC and the Garda Commissioner are working. While there may be room for further improvements in the turnaround of investigations, I have every confidence that this is now a shared objective of both organisations. The powers of GSOC have been reformed and further reforms are included in the Policing Authority Bill. Section 65 of the Garda Síochána Act 2005 provides that appointments to the ombudsman commission are made by the President on the nomination of the Government and the passage of resolutions by Dáil and Seanad Éireann recommending the appointments. The section also states that a judge of the High Court, Court of Appeal or Supreme Court may be appointed as chairperson. The section further provides that where a judge is appointed to this role, he or she will not be required to carry out his or her judicial functions while chairperson of the commission.
The Government, at its meeting of 30 June 2015, decided to nominate Ms Justice Mary Ellen Ring to be chairperson of the Garda Síochána Ombudsman Commission following her nomination for appointment to the High Court. Ms Justice Ring was appointed a judge of the High Court by the President on Thursday, 9 July 2015. Her swearing-in ceremony before the Supreme Court took place on Monday, 13 July 2015. Ms Justice Ring has extensive experience as a practising barrister and as a judge of the Circuit Court which experience makes her very well qualified for the position of chairperson of the ombudsman commission. She has also served in positions on the National Crime Council between 1999 and 2005 and as chair of the Irish Women Lawyers Association in 2008. She has been a member of the Irish Penal Reform Trust and the Irish Council for Civil Liberties. I reiterate that I believe she will make an excellent chairperson of GSOC and I have no hesitation in recommending her accordingly. Ms Justice Ring will work alongside the other members of the commission, Ms Carmel Foley and Mr. Kieran Fitzgerald. I believe that the combination of the skills and experience of the three commissioners will provide the Garda Síochána Ombudsman Commission with strong and effective leadership.
Society looks to An Garda Síochána, the guardians of the peace, to create and maintain an environment where people can go about their daily lives free from threats of criminality. Where such criminality arises, we look to An Garda Síochána to investigate and bring the perpetrators to justice. This is an onerous task and to carry it out, citizens give powers to the members of the Garda Síochána, which are in some cases extensive powers, to carry out those tasks, including powers of arrest and detention. However, these powers, although used in challenging and often dangerous circumstances, must be exercised in a lawful and proportionate manner. Where there is a question about whether members have used those powers properly, they must be held to account. Therefore, it is vital that we fully address allegations of Garda misconduct or wrongdoing in the interest of maintaining public confidence in the Garda Síochána and in protecting the professional standing of the overwhelming majority of dedicated and conscientious members of the force. It is equally important that the public need to have confidence in the system of oversight of the Garda Síochána. That is the fundamental challenge for the Garda Síochána Ombudsman Commission which is a vital part of our policing infrastructure. It must secure and maintain the trust and confidence of the public and of the force. To do this it needs to be led by a team of skilled and competent commissioners. I believe that Ms Justice Ring will bring the appropriate level of leadership and skill and, together with her fellow commissioners, will ensure that the ombudsman commission will carry out its work effectively. On behalf of the Government I recommend Ms Justice Ring for appointment as chairperson of GSOC.
I welcome the Minister and her team to the meeting. I offer my strong support to her comments that we all want a professional Garda force and that confidence and trust are key issues. I agree that independence is the cornerstone of the commission. This must be part of the deal, otherwise trust and confidence will not be achieved.
The Minister said that GSOC received 11% more complaints in 2014 over 2013 and concluded 8% more cases in 2014 compared with 2013. Does this not indicate that the situation is getting worse?
I think it indicates that the work of GSOC is becoming well known as is the procedure and process by which complaints can be made. One of the issues I have been pursuing with both An Garda Síochána and GSOC, is whether a mechanism could be developed - which both sides would like to see - but we have not come up with a mechanism yet. Every complaint is serious but I have raised with the representative associations a proposal for a more informal resolution process of some of the less serious complaints. I think it is recognised both nationally and internationally, that some complaints will turn into formal complaints that could be dealt with in a more procedural way at an earlier stage. We do not have that process in place. There has been some discussion with both sides as to how it might be developed. The Garda Síochána point of view is that it is very keen to preserve the integrity of the process and that members will not be asked to resolve something informally where there might be a question of the garda's behaviour. They would not wish an informal process to cast doubt on the integrity of a garda or his or her behaviour. GSOC is very keen to have this process as the commission believes it would be a much more efficient and effective way of managing complaints. This remains under discussion. In reply to Deputy Finian McGrath, it is a good sign that the public is aware that GSOC exists.
Equally, there might be quite a number of complaints that would be capable of perhaps more informal resolution. That is a matter that I will be pursuing.
The Minister said there was a marked improvement in efficiency, dialogue and co-operation with An Garda Síochána. Some of the complaints that end up with the Garda Síochána Ombudsman Commission, GSOC, should be handled elsewhere as they are not on the serious side of the spectrum.
Is the Minister confident that there will be better dialogue and co-operation with the Garda? I have heard many gardaí giving out about GSOC and having major issues with it. I do not think it is good for the Garda force or for its relationship with the people and GSOC. I am hearing a different view on the ground to the Minister’s. Is she aware that there is a rift between GSOC and the average garda on the ground?
One would not expect the relationship between an oversight body like GSOC and An Garda Síochána to be without tension. I would expect tensions in that relationship. It is, after all, the body to which one makes a complaint and which subsequently investigates that complaint, calling people to account. It follows a tough and analytical procedure in which people and events are investigated.
Having said that, many gardaí will raise with me how time-consuming these complaints can be. That is why I made the point earlier about informal resolution. Complaints consume resources and take away from day-to-day and community policing.
The term “efficiency” was taken from GSOC itself. The timeframe between a complaint being made to GSOC and information coming from An Garda Síochána has shortened considerably. Co-operation between the two bodies is there. There is work to be done on both sides, however. The bottom line is that the public needs to have confidence in GSOC and we need to have confidence in our Garda Síochána.
I thank the Minister for her introduction of the nomination of Ms Justice Mary Ellen Ring as chairperson of GSOC. I want to express my thanks to the outgoing GSOC chairperson, Mr. Simon O’Brien. We always read that GSOC is fraught with difficulties. It is an organisation that has a difficult task. In fairness, if there were not working tensions between it and An Garda Síochána, there would be something wrong. If one surveyed police oversight agencies across the world, one would find that GSOC is not too dissimilar to some of its counterparts elsewhere. I suggest that the committee write a note of thanks to Mr. O’Brien.
I support the appointment of Ms Justice Mary Ellen Ring, who will be a positive addition to GSOC. She has an impressive curriculum vitae, having spent 27 years as a barrister and judge in the Circuit Court, as well as being involved with the Irish Council for Civil Liberties, the National Crime Prevention Council, the Irish Penal Reform Trust and many other organisations. What was the process used to headhunt Ms Justice Mary Ellen Ring and what criteria were followed? I do not have a problem with it, but there is the small anomaly that she was a judge of the Circuit Court and was only appointed to the High Court last week. This just about qualifies her for the appointment. Does the process leave itself open to criticism or a challenge because of this? Has she taken any High Court cases over the past week? Does she now formally retire as a judge or does she take leave of absence? She is serving out the remainder of Mr. O’Brien’s term, which is until December 2016. Why does she not get her own term of appointment? What remuneration does she receive? Does she receive remuneration as chairperson of GSOC or does she also receive a High Court judge’s salary?
The reply to many of the Deputy’s questions is actually what is laid down in the legislation. I am following the same procedure that was followed very successfully in 2006 by a previous Government. Then, a Circuit Court judge, the late Kevin Haugh, was appointed and, as is allowed under the Act, became a judge of the High Court. Everyone will agree he that did an excellent job as chair of GSOC.
Ms Justice Ellen Ring’s remuneration is that of a High Court judge. The legislation allows me to appoint her only for the remainder of Simon O’Brien’s term. Obviously, we will have a new recruitment process after that point. Clearly, at that point, the judge would be eligible to express her interest in the same way as anybody else. I am precluded from appointing her for a full five years under the Act. She can only serve the time that is left. She also gets leave of absence from the High Court.
Was the selection process done through the Public Appointments Service?
We established a panel. I asked for expressions of interest. We had a panel consisting of Tom Arnold, Sylda Langford and Frances Ruane. We had a number of names from that panel, but the Government decided to nominate Ms Justice Mary Ellen Ring.
Did she apply?
Judges tend not to apply to such panels.
What about the other individuals on the panel?
We set up an expressions of interest panel, and the people I referred to were to compile a shortlist from these.
Are they Department officials?
No. They are independent. Tom Arnold was the head of the Constitutional Convention. Sylda Langford is a former assistant secretary general of the Department of Justice and Equality and director general of the Office of the Minister for Children and Youth Affairs in the then Department of Health and Children. Frances Ruane is the former director of the Economic and Social Research Institute, ESRI. They were asked to provide a shortlist. However, on 30 June, the Government decided to nominate Ms Justice Mary Ellen Ring.
Is it fair to say that they vetted the expressions of interest but also headhunted?
No. They just looked at the expressions of interest.
I agree with the Minister on maintaining public confidence in the Garda and protecting its professional standing.
The vast majority of gardaí are dedicated and conscientious, and it is important that we protect them. With that in mind, I very much support the appointment of Ms Justice Mary Ellen Ring as chairperson of the Garda Síochána Ombudsman Commission. She will work together with Ms Carmel Foley, and I presume both Ms Foley and Ms Justice Ring will work with Kieran FitzGerald. I will confine my contribution to expressing support for the appointment because the question I had intended to ask has been answered.
I, too, support the appointment of Ms Justice Mary Ellen Ring to the Garda Síochána Ombudsman Commission. She will be a fine chairperson of the commission.
I welcome the increase in the number of complaints to the Garda Síochána Ombudsman Commission, as it indicates a high level of confidence in GSOC following the recent period of turbulence.
The Minister indicated that further reforms of the Garda Síochána Ombudsman Commission are included in Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015, which is awaiting debate in the Dáil. I presume this legislation will feature in the autumn legislative programme. Given its importance and the fact that it has been passed by the Seanad, will it be prioritised for debate when the Dáil resumes?
I have been seeking time in the Dáil to introduce the Bill because it is ready to proceed. The Deputy may have noted that the position of chief executive officer of the new policing authority was advertised two or three weeks ago. We also intend to establish a panel of individuals to be appointed to the authority. I expect that the legislation will be debated as a priority as soon as the Dáil returns, having been concluded in the Seanad.
I join other members in supporting the nomination of Ms Justice Mary Ellen Ring to the position of chairperson of the Garda Síochána Ombudsman Commission. I wish the judge every success in her new role, which has been a controversial position in the past. Ms Justice Ring is well suited to perform the task of chairperson.
I thank members for their support for the nomination of Ms Justice Ring, who will do an excellent job. There is no doubt that she is assuming a challenging role. It is very important that members of the public have confidence in the Garda Síochána, as Deputies McFadden and Anne Ferris noted. It is equally important that members of the public and the Garda have confidence in the Garda Síochána Ombudsman Commission and that it operates a fair, rigorous and efficient system.
The Garda Síochána implemented a new administrative system in 2013 whereby requests for documentation from the Garda Síochána Ombudsman Commission were to be challenged through a dedicated e-mail address. The team responsible would ensure that responses were provided within the maximum time limit of 30 days, as agreed in the protocols between the two organisations. Last year was the first full year that GSOC was able to analyse this approach, which has contributed to greater efficiency. The median times for criminal investigations declined from 155 days in 2013 to 112 in 2014, and we expect further improvement in 2015. I expect the Garda Síochána to co-operate with the Garda Síochána Ombudsman Commission and, likewise, I expect GSOC to investigate complaints in a fair and rigorous manner.
If a member of the public has a complaint about GSOC, to whom does he or she complain? This issue has arisen recently. Is it the Joint Committee on Public Service Oversight and Petitions?
I have recently used section 109 of the legislation in response to a tragic recent case. This section, which had not been used previously, permits a Minister to order an investigation. It could potentially be used for the investigation of serious matters. If concerns were to arise about the Garda Síochána Ombudsman Commission, members of the public would probably avail of a variety of mechanisms for making a complaint, including contacting the joint committee, the Minister or the Garda Commissioner. The Garda Síochána Ombudsman Commission is an independent body and the question arises as to what routes people use in respect of independent bodies. Very often, people will take the court route.
I join members in extending best wishes to Ms Justice Ring in her new and important role. I note and welcome that another woman has broken the glass ceiling in being appointed head of the Garda Síochána Ombudsman Commission. We are now led by able women in the roles of Minister, Garda Commissioner, Director of Public Prosecutions, Attorney General, Chief Justice, and the heads of the policing authority and the Human Rights and Equality Commission. This is a very welcome development. I thank the Minister and her officials.