The tribunal of inquiry into complaints concerning some gardaí of the Donegal division, chaired by Mr. Justice Frederick Morris, was established by my predecessor in April 2002. Since I have come into office, my Department has worked to assist the tribunal in every way possible. The tribunal has already demonstrated its effectiveness in its first report, and the Government has shown its determination to take action on its findings.
As regards dealing with complaints of Garda wrongdoing more generally, whether in Donegal or elsewhere, the Garda Síochána Bill 2004 provides for the establishment of an independent Garda Síochána ombudsman commission, in place of the Garda Síochána complaints board. The ombudsman commission will ensure there is openness and transparency in dealing with complaints. Its primary function will be to investigate complaints by members of the public against members of the Garda Síochána and in that respect it will have comprehensive powers of investigation and ultimate control and oversight of all complaints processed in accordance with the provisions of the Bill. It will also have the power to investigate of its own motion any case involving the Garda Síochána where death or serious harm to a person has occurred, where it is desirable in the public interest, or where any matter appears to it to indicate that a member of the Garda Síochána may have committed an offence, or behaved in a manner that would justify disciplinary proceedings.
In addition, among the official amendments to the Bill, which I intend to introduce during the Committee Stage debate in Seanad Éireann, will be an amendment to provide for the establishment of an independent Garda Síochána inspectorate. This proposal is being brought forward in the light of the recently published report of the Morris tribunal and the questions arising from it relating to the need for measures to improve democratic accountability for the actions of the Garda Síochána.
While the relevant legislative provisions are being drafted, I can say that the new body will comprise three people, one of whom will be known as the chief inspector. The key objectives of the inspectorate will be to ensure and promote efficiency and effectiveness in the Garda Síochána. In that context, it will look at thematic policy issues relating to standards, practice and performance benchmarked against comparable international policing experiences. The new body will also provide advice and support to the Minister so that he or she will have independent objective information with regard to the work, operation and administration of the Garda Síochána.
