Joe Higgins
Question:2. Deputy Joe Higgins asked the Taoiseach when the last meeting of the Cabinet sub-committee on justice reform was held and when the next one is scheduled. [35182/14]
View answerTuesday, 11 November 2014
Questions (2, 3, 4, 5)
Richard Boyd Barrett
Question:3. Deputy Richard Boyd Barrett asked the Taoiseach when the Cabinet sub-committee on justice reform last met and the schedule of upcoming meetings. [35198/14]
View answer
Micheál Martin
Question:4. Deputy Micheál Martin asked the Taoiseach if the Cabinet committee on justice reform has met recently. [35657/14]
View answer
Gerry Adams
Question:5. Deputy Gerry Adams asked the Taoiseach when the Cabinet sub-committee on justice reform last met. [39833/14]
View answerOral answers (27 contributions)
I propose to take Questions Nos. 2 to 5, inclusive, together.
The Cabinet committee on justice reform last met on 29 October 2014. I anticipate it will meet again soon but the date for its next meeting has not been scheduled yet.
Will the Taoiseach clarify again for Members the role of the Cabinet sub-committee on justice reform? Can he say, for example, whether it will have a role in the next while in responding to the Garda Inspectorate report? While I have not had the opportunity to study it, the headlines that came out of it point to serious ongoing issues within the Garda Síochána on how issues in communities and problems of people are dealt with. Will this be an important role or what will be the role of the sub-committee on justice reform?
The terms of reference for the justice reform committee are to oversee the development of proposals for an independent police authority and associated reforms to the policing and justice system. The Garda Inspectorate has produced a report that is 600 pages long, has 200 recommendations and was reflected upon by Cabinet this morning. It is to be taken very seriously because it points out inadequacies in the system. It points out where things could have been done better, as well as the lack of investment in many areas that would allow gardaí to do the job more effectively. This is being responded to by the Garda today and, obviously, the Minister for Justice and Equality also will respond to the Garda Inspectorate report. This is one of two reports, the second of which is to be produced in the not-too-distant future. I assume the person to be appointed as the chairman of the independent policing authority, which I suggest is the most radical move in Irish policing systems since the foundation of the State, will be in a strong position to oversee the consequences and the implementation of recommendations arising from the Garda Inspectorate's report. I reiterate there is a second report to come. This report is extremely extensive and detailed and gives a reflection on the complex nature of the range of activities and problems that gardaí face nationwide. It is a report that deserves to be discussed in this Chamber. It contains 200 recommendations and I believe the person to be appointed as chair of the independent policing authority will be in a strong position to oversee what must follow the production of the report.
While I will let Deputy Higgins back in, there are other Deputies and I will come back around again. I call Deputy Ó Fearghaíl.
All Members acknowledge that in recent times, the Department of Justice and Equality has been going through a difficult and traumatic period, which perhaps culminated in the resignation of the former Minister for Justice and Equality, Deputy Shatter. At the time of his resignation, Members were promised a reform plan and that it would make the justice system far more open and transparent. As part of the creation of that plan, they were promised that there would be extensive consultation. Members do not appear to have had that consultation. Indeed, the process of reform, such as it is, has been completely closed. Will the Taoiseach comment on this? Even at this late stage, would he consider honouring the commitment to have open consultation on the process of reform?
What is the current state of play in respect of the Fennelly commission?
Let me try to assist the Deputy by outlining a number of issues. He inquired about reform in the area of justice. The Government has already made considerable progress in this regard. The Protected Disclosures Act 2014, which enables Garda whistleblowers to report their concerns directly to GSOC, has been commenced. In addition, an open competition has been held in respect of the appointment of the next Garda Commissioner. I expect that appointment will probably be made towards the end of this month. As the Deputy is aware, there were expressions of interest in the post both domestically and internationally. I understand the second phase of interviews relating to the process is currently in train.
The Fennelly commission of investigation was established in April of this year. The independent expert review of the performance, management and administration of the Department of Justice and Equality was completed in July. A mechanism to facilitate independent review by counsel of allegations of Garda misconduct or inadequacies in the investigation of such allegations - which have been made to me and the Minister for Justice and Equality - has been established. The Guerin report into allegations made by Sergeant Maurice McCabe was published in May and the Cooke report into allegations of unlawful surveillance of GSOC was published in June. The reports to which I refer are fairly major and they deal with some extremely serious matters.
Work is under way to establish the independent Garda authority. The Minister for Justice and Equality will deal with the matter of appointing a chair to this authority very shortly. The chair designate of the authority will be appointed following a public request for expressions of interest in the post. The Garda Síochána (Amendment) (No. 3) Bill 2014, the aim of which is to significantly strengthen GSOC's powers by including the Garda Commissioner within its investigative remit, is currently before the House. The Bill also involves the conferral of additional police powers on GSOC for criminal investigation purposes, enhancing the status of protocols concluded between GSOC and the Garda Síochána and greater autonomy for GSOC in examining Garda practices, policies and procedures. In addition, the freedom of information system will be extended to the Garda Síochána under the new Freedom of Information Act 2014.
Deputy Ó Fearghaíl also inquired about the Fennelly commission. Mr. Justice Fennelly is an exceptionally honourable man. In accordance with its terms of reference - as debated in the Dáil - the commission is due to report no later than 31 December 2014, subject to section 6(6) of the Commissions of Investigation Act 2004. The Act also provides for an extension of the timeframe within which the commission must complete is work, at its request. Mr. Justice Fennelly wrote to me recently to indicate that it will not be possible for the commission to complete its full investigation within the timeframe originally envisaged, that it will request an extension and that it will submit an interim report towards the end of the year. By that time, we should have a clearer picture of the scale and magnitude of the task remaining - there are many matters to be examined - and the likely period which might be required for the commission to complete its work. In response to Mr. Justice Fennelly, I indicated that I will give favourable consideration to a request for an extension of the commission's timeframe when such is received. Mr. Justice Fennelly also indicated it may be possible for the commission to submit an interim report in respect of those aspects of its terms of reference. I have, therefore, requested that the commission should provide such a report regarding the events leading up to the resignation of former Garda Commissioner, Mr. Martin Callinan, subject to its being satisfied that it is feasible and appropriate to do so. That matter is entirely at the discretion of the commission. I do not have authority to direct the commission to carry out its work in any particular way. This is because it is completely independent in the conduct of its investigations.
I am not sure whether the House debated the report the Minister for Justice and Equality commissioned into the practices, efficiencies and workings of her Department. The contents of said report are quite stark in terms of highlighting the changes required in terms of developing the structures with the Department of Justice and Equality in order to make it more efficient. The Department is an extraordinarily complex entity but a fine report in respect of it was produced at the Minister's request in the context of assessing what must be done in order to change the way it does its work. The latter will allow people to do their jobs much more efficiently. The Minister will be happy to engage in further debate on this matter in the House and to take the views of Deputies on board.
The Garda Inspectorate report has presented us with a fundamental and challenging analysis of the force's processes and systems throughout the country. I have not read the report in detail but I understand that it highlights deficiencies in practice, supervision and governance in respect of the recording, classification and investigation of crime. The report notes that many of the issues raised have been identified in comparable police forces in other countries. Nevertheless, it identifies many areas which really are in need of reform and modernisation. In addition and like me, the report acknowledges the dedication and commitment of so many members of the Garda. I refer to the men and women who strive each day to ensure the safety of our communities and to protect the security of the State. Their dedication should not go unnoticed and they should be commended for it.
Another point which I bring to the Deputy's attention is the fact that budgetary increases aimed at funding reforms across the justice sector have been introduced. These increases relate to the Courts Service, the planned new policing authority, GSOC, the Garda Inspectorate, the Charities Regulatory Authority, the proposes legal services regulatory authority and the Property Services Regulatory Authority. The House will be aware that the recently established Irish Human Rights and Equality Commission is being given its own dedicated Vote, with an allocation of €6.3 million for 2015. The setting up of this stand-alone Vote for the commission reaffirms the independence of the body in line with the Paris Principles, the United Nations' rules which govern the operation of national human rights organisations.
These are just some matters which may be of interest to Deputies.
As the Taoiseach rightly reminded us, the Cabinet sub-committee on justice reform is to implement the statutory basis for the establishment of the Garda authority. He stated that this is a first for Irish policing. It is not a first for Irish policing because there has been a police authority in the North since-----
I was referring to down here.
That is also part of the island.
That is a big change.
When Sinn Féin was told that the establishment of such an authority could not be achieved, we diligently stuck to our task and were able - along with others - to bring about the necessary wholesale reform.
Regarding the issue of consultation, I have informed the Taoiseach on a number of occasions that one of Sinn Féin's contributions was to persuade the Patton Commission to visit neighbourhoods in west Belfast, such as the Shankill Road, etc., and villages, such as Crossmaglen, which suffered terribly during the conflict in order to hear about the experiences of the people who live there. In the context of consultation, the same thing should happen here. The people who live in Sherriff Street, Sean MacDermott Street, parts of Limerick and other working class areas may have a slightly different view of policing than those who live in more palatial surroundings.
I agree with the Taoiseach entirely that the majority of the officers of An Garda Síochána carry out their duties in a very brave, courageous and highly skilled manner, but if we are to do our duty by them and the citizens they serve, the policing authority needs to be established as quickly as possible. I have not seen the Garda Inspectorate's crime investigation report but have been briefed on it and on what is in the media. Deputy Pádraig Mac Lochlainn will deal with our party's response to it. The report's 200 recommendations are an eloquent argument for the wholesale reform that is necessary.
The Taoiseach spoke about this being a radical move, yet he opposed it when we proposed it. The former Minister for Justice and Equality, Deputy Alan Shatter, dismissed it as being totally unnecessary. The Government set its face against it until there was public clamour over the revelations emerging week on week. I welcome the fact the Government was forced to do a U-turn on this issue.
Can we be given an indication of when the full legislation will be before the Dáil? There are ongoing issues, which will be fired by today's report, and it will become another matter of controversy. In this regard, I presume the job of the Government is to ensure the public has confidence in the agencies and institutions of the State, rather than engaging in this ongoing and corrosive undermining of public confidence. When can we expect the legislation to be introduced? Is it possible that it could be discussed before the end of this session?
As I stated, it is a very significant move for the Twenty-six Counties to move to an independent policing authority. It was important that the chairman designate of the authority be in a position to sit in respect of the final assessment of the person to be considered for appointment as Garda Commissioner. The Minister for Justice and Equality will deal with the appointment of the members of the independent authority very shortly and, obviously, the designated person will be in a position to assist in assessing the final interviews for the appointment of the next Garda Commissioner.
As I said, an opportunity will be provided for the person in question to drive reform of the policing system and ensure practices to ensure the Garda is fit to do and has the facilities to do its job efficiently and competently in a modern society. The force should be given the resources it needs. Over the past couple of years, we have tried to provide some extra funding for the provision of services for Garda motorbikes and cars. I saw some of them myself. Some of them were clapped out, having clocked up 300,000 or 400,000 miles. This should not be allowed to continue when the force is up against criminals who use high-powered cars to cross the country as they go about their criminal business.
The Deputy is aware the authority will comprise a chairman and eight ordinary members. Those ordinary members will be appointed by the Government following the selection process run by the independent appointments service. A resolution of both Houses of the Oireachtas will be required to secure agreement on the appointments. The authority will approve a three-year strategy statement and an annual policing plan, to be submitted by the Commissioner. The authority will establish and publish, within 12 months, a code of ethics, including standards of conduct and practice for members of An Garda Síochána. The authority will hold meetings, at least quarterly, in public so there will be engagement throughout the country. It will be able to choose where to hold meetings. It will be entitled to request the Garda Síochána Ombudsman Commission to investigate any policing matter that gives rise to concern that a member of An Garda Síochána may have committed an offence or behaved in a manner that would require disciplinary proceedings. It can request GSOC, subject to the approval of the Minister, to investigate any behaviour of the Garda Commissioner in the context of his or her functions in regard to policing matters. It can request GSOC to examine practices or procedures of An Garda Síochána in regard to policing matters, and it can request the Garda Inspectorate to initiate an inspection or inquiry into aspects of the operation and administration of An Garda Síochána in so far as they pertain to police matters.
I cannot give the Deputy a precise date for the legislation but I will update him. It is work that is very much under way. The intention is to have this matter legislated for as soon as possible. That is the position.
What role has the justice reform sub-committee played in the increasingly political policing in this State, over the past month or two in particular? The private company of a billionaire went to the High Court and got an exclusion order pertaining to the water meter sites where it is installing meters for profit at taxpayers’ expense. It uses the media to smear decent taxpayers who are protesting against that.
I ask the Deputy to exercise restraint.
Then the Taoiseach sends in heavy detachments of gardaí who manhandle men and women who are conducting peaceful protests.
Could the Deputy get back to the question?
Does the Taoiseach not believe that issue should be addressed?
It will not be addressed by the Cabinet sub-committee.
The people cannot get a garda when they need one and they must wait for hours. Instead of having properly resourced community gardaí under the people's democratic control and management, resources are being misdirected in the manner I have described. This is an outrage and the Taoiseach had better address it.
The terms of reference of the sub-committee are as I described to the Deputy. I will not interfere with any court process. The Deputy knows as well as I do that it is open to any citizen or organisation to take a case. We live in a country in which it is perfectly in order for people to express their concerns or anxieties through public protest, but it is not acceptable to block a public road or prevent people from going about their legitimate business. In many cases over the years, there have been applications to the court by individuals or companies owing to the prevention of workers doing a legitimate job. I do not subscribe to the comments I have heard from some quarters in this House advocating the breaching of court orders. This is our democracy and every Member was sent here through the democratic system.
The people do not want the Government's meters.
It is wrong to advocate the breaching of court orders on the basis of a desire to prevent people from doing their legitimate jobs. The Deputy understands that very well. Advocating the breaking of court orders, which can result in controversy and which has resulted in injuries is not the way of a legitimate and democratic process.
The Taoiseach is responsible for it.
I understand the matter completely. People express their concern to my face and contact me regularly, sometimes throughout the day and night, about their concerns and anxieties. That is understood but it is not acceptable to block the public roads and prevent people from doing their legitimate work.
But the Taoiseach is responsible for it.
The Deputy understands that and he should be advocating among those he represents the use the very many peaceful ways at their disposal of expressing their concerns and anxieties. What is happening is not acceptable and that is why companies and individuals have sought court orders over very many years.
The Taoiseach is responsible.