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Garda Síochána Ombudsman Commission Remit

Dáil Éireann Debate, Wednesday - 5 February 2014

Wednesday, 5 February 2014

Questions (27, 47)

Niall Collins

Question:

27. Deputy Niall Collins asked the Minister for Justice and Equality his planned reform of the Garda Síochána Ombudsman Commission; and if he will make a statement on the matter. [5296/14]

View answer

Pádraig MacLochlainn

Question:

47. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality his plans to introduce amending legislation to give more powers to the Garda Síochána Ombudsman Commission; and if he will outline what those additional powers will be. [5335/14]

View answer

Written answers

I propose to answer Questions Nos. 27 and 47 together.

The Garda Síochána Ombudsman Commission was established under the Garda Síochána Act 2005 to provide independent oversight of complaints made against members of the Garda Síochána. The Garda Ombudsman Commission has a hugely important role in ensuring that public confidence in the Garda Síochána is safeguarded, and has extensive powers under the 2005 Act to enable it to carry out its responsibilities.

With regard to the case for additional powers, I have already said that the Garda Síochána Ombudsman Commission has extensive powers, including full police powers of investigation. These include powers relating to, for example, entry and search of any place pursuant to a warrant, arrest with or without a warrant, search of a person, detention and questioning, taking fingerprints, issuing a summons and the bringing of a charge against a person.

I am, however, currently reviewing the relevant provisions of the 2005 Act and examining suggestions by the Ombudsman Commission for changes to it aimed at enhancing the process of investigating complaints. Once my review is complete, I will bring forward proposals to Government to address any amendments considered necessary. I would also refer the Deputy to a review of the Garda Síochána (Discipline) Regulations 2007 which is underway.

As the Deputy is aware, revised protocols were agreed and signed by the Chairperson of the Ombudsman Commission and the Garda Commissioner on the 23rd September 2013. These revised protocols put in place clear procedures for the timely sharing of information and more generally for enhanced co-operation. The new protocols will support the Ombudsman Commission in carrying out investigations in the most effective and timely manner possible, to the benefit of both complainants and members of the Garda Síochána alike. They also reflect the commitment of the Garda Commissioner to the full co-operation of the Garda Síochána in these investigations.

In addition in relation to the question of access by the Garda Ombudsman Commission to the PULSE system, new protocols were agreed last year between the Garda Commissioner and the Chairperson of the Garda Ombudsman Commission. These revised protocols provide that the Garda Ombudsman Commission has access to PULSE through the two Garda Superintendents working on secondment with the Garda Ombudsman Commission (in this context, under the 2005 Act, a member of An Garda Síochána, during a period of temporary service with the Garda Ombudsman Commission, is not subject to the direction or control of the Garda Commissioner.)

However, the above notwithstanding, and in particular in respect of this investigation, where information on the PULSE system, how it is recorded, and the detail of the information is of central relevance, the Garda Commissioner and I are agreed that the Garda Ombudsman Commission will have direct access to the PULSE system, without the need to go through the intermediary of a seconded member of An Garda Síochána. Going forward, this will be the case for both this and any other investigation in which the Garda Ombudsman Commission is engaged. The revised protocols will be amended accordingly and arrangements will be made to put in place the necessary technical infrastructure and training required to facilitate this access.

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