Dáil Éireann Debate, Thursday - 27 February 2014
205. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which he, his Department officials, the Garda ombudsman or the Garda authorities have had sight of all allegations of alleged misconduct within the respective authorities in each of the past ten years to date; and if he will make a statement on the matter. [10250/14]
View answer206. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the action or actions taken by the Garda authorities, the office of the Garda ombudsman or his Department in response to allegations of alleged misconduct annually over the past ten years to date; the extent of follow up action; and if he will make a statement on the matter. [10251/14]
View answerI propose to take Questions Nos. 205 and 206 together.
The Garda Síochána Act 2005 provides for complaints to be made to the Garda Síochána Ombudsman Commission by or on behalf of members of the public. As the Deputy is aware, the Ombudsman Commission is an independent statutory body. The Ombudsman Commission, which has been operational since 9 May, 2007, submits an annual report to me each year relating to its activities in the immediate preceding year, in accordance with section 80 of the Garda Síochána Act 2005. These reports, which are available on their website (www.gardaombudsman.ie), provide details on the number of complaints, the types of allegations and the outcome of investigations.
The Garda Síochána (Confidential Reporting of Corruption or Malpractice) Regulations 2007 provide for the appointment of an independent Confidential Recipient to whom members of the Force, and civilian support staff, can report, in confidence, instances where they believe there may be corruption or malpractice within the Garda Síochána.
The first independent Confidential Recipient was appointed in March 2008. It is important to note that, as regards the investigation of individual cases, the Confidential Recipient normally liaises directly with the Garda Commissioner, and neither I nor my Department are involved in the process. Confidential reports are only forwarded to me by the Confidential Recipient in cases where the complaints relate to the Garda Commissioner.
Regulation 15(1) of the Confidential Reporting of Corruption or Malpractice Regulations 2007, requires the Garda Commissioner to report to me not later than four months after the end of each year in relation to any confidential reports made during that year. Based on the information provided by the Commissioner the number of confidential reports for each year since 2008 was as follows:
|
Year |
No. of Reports |
|
2008 |
2 |
|
2009 |
4 |
|
2010 |
2 |
|
2011 |
1 |
|
2012 |
3 |
|
2013 |
1 |
I have publicly said that I do not believe the office of the Confidential Recipient and the legislation applicable to it is fulfilling the objective for which it was established. I have stated my intention to abolish the office and to enable members of An Garda Síochána who allege misconduct within the Force to have their complaints considered and addressed by the Garda Síochána Ombudsman Commission. The Cabinet has agreed that an appropriate amendment to the Protected Disclosures Bill 2013 should be prepared to enable the Garda Síochána Ombudsman Commission to be prescribed under that Bill as a body to which disclosures may be made by members of the Garda Síochána.
Interim arrangements will be made to fill the Post of Confidential Recipient by the appointment of a retired judge. Every effort will be made to expedite the necessary consultation process so that the appointment can be made as soon as possible.
