Vol. 258 No. 10
I move:
That Seanad Éireann, noting that the Government on 8 May, 2018 nominated Mr. Patrick Sullivan for appointment by the President, as a member of the Garda Síochána Ombudsman Commission, recommends, pursuant to section 65(1)(b) of the Garda Síochána Act 2005, that Mr. Patrick Sullivan be appointed by the President to be a member of the Commission."
I thank the House for facilitating me between items Nos. 3 and 4 on the Order of Business. The appointment of members of the Garda Síochána Ombudsman Commission, GSOC, is governed by the provisions of the Garda Síochána Act 2005, which require the Government to satisfy itself that a person to be nominated for appointment has the appropriate experience, qualifications, training or expertise for appointment. The Act also provides that a member of GSOC is appointed by the President following the nomination by the Government and the passage of resolutions by both Houses of the Oireachtas recommending the appointment.
In this regard, the Government nominated Mr. Patrick Sullivan at its meeting on 8 May and I am pleased to recommend formally to the House that Members approve him for appointment by the President as a member of the Garda Síochána Ombudsman Commission. Mr. Sullivan was recommended by the Public Appointments Service as the best qualified candidate for the position. This followed an independent, international competition organised by the Public Appointments Service.
The background to Mr. Sullivan's nomination as a member of GSOC arises from the resignation of Mr. Mark Toland last October to take up the position of chief inspector with the Garda Síochána Inspectorate. Mr. Toland's term of office with GSOC was due to last until 11 December 2020. Under the provisions of the Garda Síochána Act 2005, a person appointed to replace a member of the commission holds office for the remainder of the term of the person being replaced. As such, Mr. Sullivan's term of office will expire in December 2020. I acknowledge the contribution that Mr. Toland made to GSOC as commissioner, a role to which he brought more than 30 years' experience gained with the UK Metropolitan Police Service. His extensive knowledge of policing served him well while sitting on GSOC and his policing expertise and GSOC experience can only serve to benefit the Garda Síochána Inspectorate in future.
Mr. Sullivan brings with him a wealth of experience from his work with various federal agencies across the United States of America. The expertise he has gained in a career which spans over 40 years in federal law enforcement will bring a different perspective to the excellent work of the Garda Síochána Ombudsman Commission. The House will agree that it is vital that the public has strong confidence in the Garda Síochána and its system of oversight. As such, Mr. Sullivan's vast experience in oversight within federal agencies in the USA will enhance existing confidence in GSOC's role of investigating complaints against members of our police service. His most recent position as assistant inspector general for investigations in the office of inspector general at the Environmental Protection Agency, which required the supervision of both criminal and administrative investigative cases, equips him very well for the position.
I will give the House a flavour of the qualifications Mr. Sullivan brings to the job. He was a member of the FBI from 1972 to 1976 where he worked in counter intelligence. Between 1976 and 1999, he was a member of the US Secret Service. During his time there, he was in charge of the counterfeit division. He was subsequently in charge of the presidential candidate protection division during the 1996 US presidential campaign managing a budget of $40 million. He also worked in the presidential protection division. From 1999 to 2011, he worked in the US Federal air marshal service and in the Government Accountability Office of the US Congress. This latter body investigates federal spending. His current role is assistant inspector general for investigations at the US Environmental Protection Agency. His responsibilities here include the supervision of investigations of wrongdoing alleged against members of the Environmental Protection Agency and reports of theft or fraud against the EPA budget. He controls a budget of $10 million. His responsibilities also required his appearance before both Congressional and Senate committees to provide testimony into the actions taken by Environmental Protection Agency staff. I am sure the House will agree that these are indeed impressive credentials and I have every confidence that the work of GSOC will be strengthened by his presence there.
I appreciate this is only a snapshot of Mr. Sullivan's qualifications and experience and that Senators have not had the opportunity to hear directly from him. When the resolution for his nomination was debated in the other House last evening, there were calls for the procedures for nomination of persons to be members of GSOC to be altered so that more information about nominees would be made available before the resolutions are taken on the Houses. I think that would be a good thing. I will examine how this might be achieved. It may be that a briefing document could be provided to the Oireachtas Committee on Justice and Equality giving background information about the nominee. It is certainly something that I intend and am happy to explore further. I know that the Oireachtas Committee on Justice and Equality hoped to have the opportunity to hear from Mr. Sullivan prior to his appointment. However, I understand that he was unavailable due to commitments to his current employers in the US. Nevertheless, I hope that the committee will have an opportunity to hear from Mr. Sullivan in due course.
The Government nominated Mr. Sullivan at its meeting on 8 May. As I said, this appointment arises from the resignation last October of Mr. Mark Toland. Following this, I informed the Government on 5 December of my decision to fill the vacancy by way of an open competition conducted by the Public Appointments Service. This preference was taken with a view to ensuring that the very best candidate would be identified from an international field of suitably qualified candidates. It is important that we recognise the contribution that GSOC makes to policing in the State. GSOC has been operating now for over ten years and has grown in stature during that time. With that, its reputation for independence and fairness has grown. This is in no small part due to the dedication and drive of the current commission under its chairperson, Ms Justice Mary Ellen Ring, and Commissioner Kieran FitzGerald. Their vision for GSOC's policing oversight reaches into the future seeking to extend its remit and, accordingly, its size. The dedication and commitment of its staff are unquestionable. GSOC has seen its role expanded somewhat. For example, bringing complaints against the Garda Commissioner has been brought within its remit. In addition, GSOC is now a designated body to which members of the police service can make protected disclosures.
At the same time, significant changes have also been made to legislation governing An Garda Síochána. In particular, the establishment of the Policing Authority has created a public forum where the Garda Commissioner can be asked about matters related to policing services. These are welcome developments. There is no one who would suggest that a service such as the Garda Síochána, which can invoke quite extensive powers, should not be fully and openly accountable for how it uses these powers. The Commission on the Future of Policing in Ireland is another example of the commitment this Government has undertaken to review the functioning of An Garda Síochána. In terms of its remit and purpose, the commission has been tasked with reshaping the legislative landscape in which An Garda Síochána operates. The commission members bring a wealth of experience and dedication to their task and they are undertaking an ambitious work programme with alacrity. Their report, which will be of huge significance, is due in September. This major publication should provide a framework for a modern, professional policing service which will protect and defend the community and be subject to appropriate and robust accountability.
The House will be aware that GSOC has recently made proposals to me for legislative changes to enable it to function more effectively and efficiently. These are being considered at present by my officials. However, I am conscious that any changes to GSOC should align with the recommendations of the Commission on the Future of Policing. GSOC has been engaging with the commission and I will be taking care to ensure that there is appropriate alignment. GSOC has also sought additional staffing resources and has submitted a business proposal to my Department. My officials are liaising with GSOC to ensure that a clear business case can be put to the Department of Public Expenditure and Reform. The GSOC proposal contains a focus on medium and long-term planning and demonstrates the commitment of the current Commission to ensuring GSOC is properly equipped now and into the future. I can assure the House that I am supportive of the broad thrust of GSOC's business case and supportive of the valuable work undertaken by the commission. I should also say that this Government and I have given a commitment to provide GSOC with the resources it needs to maintain the very highest standards of policing oversight. I would like to take this opportunity to restate that commitment. GSOC will be fully supported in its role and will be given all the tools needed to continue to perform at the high levels that GSOC continually strives to maintain.
GSOC has a critical role to play in the architecture of policing in the State. Its independence is the guarantee to the public that complaints against members of An Garda Síochána will be investigated as the old phrase puts it "without fear or favour". Indeed, my predecessors and I have made the point many times in this House that there will be no interference with GSOC investigations despite occasional calls for some form of ministerial or governmental intervention. I believe public confidence in GSOC will be bolstered further with the appointment of Mr. Patrick Sullivan. Oversight in public administration is nothing new to him and the administration of law enforcement is also not unfamiliar territory to him. That is what marked Mr. Sullivan out as the preferred choice to be a member of GSOC. The international nature of his knowledge and experience can only serve to benefit GSOC in policing oversight matters. It is my hope that the House will join me in welcoming Mr. Sullivan and wishing him success in his new role as commissioner in GSOC.
I begin by doing precisely what the Minister asked us to do, which is to welcome the appointment of Patrick Sullivan to GSOC. I wish Mr. Sullivan well in his new and very critical and important role for all of the reasons outlined by the Minister. The role carries much responsibility and is an important public service. As noted by the Minister, Mr. Sullivan brings a wealth of talent and expertise to the new post. I hope his experience and expertise will assist GSOC in carrying out its work. Mr. Sullivan's CV details a long history of investigative roles within various federal agencies in the US. The list is certainly comprehensive. Given the importance of Mr. Sullivan's post within GSOC, it is important that he settles into a full-time role as quickly as possible.
In respect of some broader points of concern regarding GSOC and its functions, the powers of GSOC must be further enhanced to ensure that the Garda Commissioner comes within the remit of GSOC for investigation purposes and that GSOC has the power to secure co-operation from gardaí because in the past, there have been serious blockages in GSOC investigations, of which the Minister is aware. GSOC needs to be fully empowered and independent in order to fulfill its oversight obligations. Serving officers in An Garda Síochána should not be seconded to GSOC. GSOC needs to be independent and to be seen to be independent in order for it to do its job and to dispel any concerns that may exist about bias or prejudice. It would help immensely if a duty of impartiality and independence was included in GSOC's objectives. This would include a statutory obligation to report at regular intervals to the Oireachtas Joint Committee on Justice and Equality and to answer questions from its members. Investigations in respect of the work of the Garda Commissioner as and when required should also be within the gift and remit of GSOC. There should be no requirement for ministerial approval for such an investigation. It should be in a position to use its own initiative where and when required. For example, in a case where a Garda retires or resigns, any complaint against the departing officer should still be investigated if GSOC believes it would be in the public interest to do so. The time limit for making complaints to GSOC should be extended from six months to at least one year and perhaps longer with the time period running from the date of knowledge of the supposed wrongdoing. The Minister for Justice and Equality should not have the power to withhold material from GSOC on security grounds. The Garda Commissioner should be under a duty to provide GSOC with the material it requests and the conscious withholding of information should be seen as an offence.
GSOC must be given the right to make unannounced visits and inspections of Garda stations. GSOC's access to the PULSE system must be placed on a statutory footing, granting it access to all of the material that it requires, by its own definition, for an investigative case. The Ombudsman's remit should cover civilian staff of the Garda, although the staff should be accountable to Garda oversight in the normal day-to-day running of the service. GSOC should also be offered the right to compel witnesses, including Garda officers and former officers, and they must provide any relevant documentation in their possession.
Recently there has been discussion in the media about GSOC seeking 12 additional staff. Unfortunately, GSOC has only been offered five people with one being a clerical officer and no principal officer post has been included. The protected disclosures unit has three staff and only operates on a part-time basis with all staff having additional responsibilities. The shortage of staff puts additional pressures on GSOC, particularly in this period of intense pressure. The sum of €900,000 is very little and modest given the potential calls for commissions of inquiry or, indeed, tribunals. If we are serious about having a functioning oversight body then it must be given the resources that it requires to do its job.
GSOC was very explicit in its recent memo that it released to RTÉ. GSOC said that if the Government failed to provide the necessary resources then it would fail to achieve two of its central objectives. They are as follows - to ensure investigations happen efficiently and effectively; and to promote public confidence in the process. If GSOC is to carry out its functions and properly investigate protected disclosures that may involve serious wrongdoing or malpractice then it needs enough resources to investigate. Also, GSOC cannot do such work on a part-time basis.
The Ombudsman must have the power to recommend the suspension of a Garda. We should allow the Ombudsman the power to direct disciplinary proceedings. Complaints of a less serious nature could be considered a service level issue. An Garda Síochána should be able to deal with internal Garda complaints of a less serious nature. Those making external complaints of a less serious nature against a Garda officer must always have an option to approach GSOC but informal resolution may be possible with the consent of the complainant.
Sinn Féin believes that a statutory framework should be created for GSOC to provide An Garda Síochána with observations on systematic issues arising from complaints, and that these complaints should be addressed and remedied in an agreed and relatively short timeframe depending on the nature of the issue. We have had many examples of where these failings exist. As recently as yesterday a report stated that as many as half of the people involved in road traffic accidents were not tested afterwards due to systematic failures. That is simply unacceptable.
Sinn Féin supports the view expressed by GSOC that it should have the scope and ability to engage in joint investigations with other relevant State organisations, where required, that have appropriate expertise, particularly where procuring specialist skills via the private market would be expensive. I have detailed much of this and more measures, which I feel may be of help in pursuit of a more efficient running of GSOC, in our proposal to the Commission on the Future of Policing.
Later today, we will have a debate and hear remarks on the establishment of a public inquiry into the case of Shane O'Farrell and the role of GSOC. That highlights the importance of why we need to empower, embolden, enfranchise and enable GSOC to carry out its roles, not just in holding the Garda Síochána to account at whatever level. We must also build in the necessary confidence and build the public's trust because they need to know that the oversight bodies, and the organisationss that they oversee, are fully compliant and fall within the remit of being investigated appropriately.
To conclude, I wish Mr. Sullivan all the best in his new role. I hope that he will be a great addition to a body that is in serious need of reform.
I thank the Senator. The next speaker is Senator Martin Conway and he has eight minutes.
I wish to advise the Acting Chairman that I will not avail of the full eight minutes. I welcome the Minister for Justice and Equality to the House. I acknowledge the Government's success in persuading somebody of the calibre of Patrick Sullivan to take up this very important role. His curriculum vitae and experience is extremely impressive. His appointment can only enhance the reputation and important work done by GSOC.
The Minister has told us about the business plan for GSOC and An Garda Síochána; there is a lot of positive change happening. Mr. Sullivan's curriculum vitae speaks for itself and I wish him well in his appointment.
I thank the Senator. That concludes the list of Senators who wished to speak and I call on the Minister to conclude the debate.
I thank the Senators for their contributions to this debate this afternoon. I hope that it is clear to the House that the skills and experience that Mr. Sullivan has gained in both investigative and oversight roles demonstrates why he is the most suitable candidate for appointment to this important position. I reiterate that he was selected following an international competition organised by the Public Appointments Service. Some of the personal qualities that were sought from candidates were as follows - a proven record in oversight and management; an international background in policing; a team player with interpersonal skills appropriate to the demands of the role; and excellent communication skills, including the capacity to represent the organisation at public forums. I believe that the summary of Mr. Sullivan's career in the United States that I outlined shows he amply meets those qualities.
It cannot be overstated that the work the Garda Síochána Ombudsman Commission does, on a daily basis, benefits the society in which we live by instilling a public belief that accountability extends to all public services, and to the police service of the State in particular. All too often words such as accountability are used without any due regard for the organisation's charter ensuring that accountability. Organisations, such as GSOC, are called upon when situations demand a strong, robust and unquestionable response. When the organisation in question is An Garda Síochána, I believe that we have to be particularly strong in our response. GSOC fulfils that role well.
The public demands a police service that is independent in the exercise of its obligations and functions yet is accountable for those actions. Those bodies charged with oversight of our national police service must also be independent. It is incumbent upon all of us to support those bodies and respect the outcomes reached by them. As the House is aware, the Garda Síochána Act stipulates that GSOC is independent in the exercise of its functions. I, as Minister, have no role in the processing of individual complaints referred for investigation nor, indeed, do I have any legal authority to intervene or interfere in any investigations undertaken. Indeed, this guarantee of independence is the hallmark of effective oversight.
Mr. Patrick Sullivan is joining GSOC at a time of great transition within the field of policing. It is timely that we should welcome him as the newest member of GSOC and wish him every success during this time of transition.
