Dáil Éireann Debate, Wednesday - 10 December 2014
101. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the way complaints regarding a member of An Garda Síochána made to a senior member of An Garda Síochána are dealt with, that is, if the internal procedure is invoked or are all complaints directly referred to GSOC. [47410/14]
View answer102. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the information released to a complainant following the completion of a report by GSOC. [47411/14]
View answer103. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the information the complainant to GSOC is entitled to following the submission of recommendations to the Garda Commissioner. [47412/14]
View answer104. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the time period a Garda Commissioner has to implement recommendations made by GSOC. [47413/14]
View answer105. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if a complainant to GSOC receives a copy of the recommendations made to the Garda Commissioner. [47414/14]
View answer106. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the statistics relating to the implementation of recommendations made by GSOC by the Garda Commissioner. [47415/14]
View answer107. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the number of the recommendations made to the Garda Commissioner by GSOC that are not implemented that is figures since the inception of GSOC. [47416/14]
View answerI propose to take Questions Nos. 101 to 107, inclusive, together.
It is assumed that the Deputy is referring to complaints made by members of the public concerning the conduct of members of the Garda Síochána.
The Garda Síochána Act 2005 established the Garda Síochána Ombudsman Commission (GSOC) to receive complaints from members of the public concerning the conduct of members of the Garda Síochána. The Act stipulates that the Ombudsman Commission is statutorial independent in the exercise of its functions and I have no role in the processing of individual complaints which are referred to it for investigation.
Under the Act a complaint can be made direct to the Ombudsman Commission. It can also be made to the Garda Commissioner, any member of the Garda Síochána in a Garda station or a member at or above Chief Superintendent rank at a place other than a Garda station, who will forward it to the Garda Ombudsman. Complaints to GSOC must be referred for investigation within six months of occurrence of the incident. However, there is provision for GSOC to extend the time limit if it considers that there are good reasons for doing so.
After receiving a complaint the GSOC will determine whether it is admissible. Where a complaint is inadmissible (e.g. the alleged behaviour would not constitute misbehaviour, or the complaint is not made within the required timeframe), the complainant is notified of the reason that it is inadmissible in writing.
GSOC may refer less serious complaints for resolution through the Mediation or Informal Resolution process. GSOC directly investigates complaints involving allegations of criminality, and its investigative staff have full police powers to do this. It may refer other complaints to the Garda Commissioner for investigation under the Garda disciplinary code, and it may maintain oversight of progress in those investigations.
GSOC has the authority to make recommendations to the Garda Commissioner concerning disciplinary proceedings, and also to send a file to the Director of Public Prosecutions where it feels that the conduct under investigation may constitute an offence.
Under s103 of the Garda Síochána Act 2005 the Ombudsman Commission is required to provide the complainant with sufficient information to keep them informed of both the progress and the results of an investigation. I am informed by GSOC that, in cases where they are making a recommendation to the Garda Commissioner concerning disciplinary proceedings, they generally provide complainants with information regarding the nature of the recommendation.
GSOC is not empowered to take disciplinary action against a member of the Garda Síochána. Under section 26 of the Garda Síochána Act 2005 it is the Commissioner who has statutory responsibility for the direction and control of the Garda Síochána. The application of the Disciplinary Regulations is a Garda operational matter and is the sole responsibility of the Commissioner.
The Garda Commissioner is not obliged to implement recommendations made by GSOC and there is no statutory time-period for the Garda Commissioner to deal with such recommendations. GSOC is entitled, however, to be notified of a decision made under the Disciplinary Regulations concerning a member of the Garda Síochána who is the subject of a recommendation.
The statistics requested by the Deputy are not readily available and would require a disproportionate and inordinate amount of staff time and effort to prepare and could not be justified in current circumstances where there are other significant demands on resources. GSOC is, however, required under section 80 of the Act to submit an annual report of its activities in the preceding year to me as Minister, and these and other reports from the Ombudsman Commission are laid before the Houses of the Oireachtas. Copies of the 2013 Annual Report are available in the Oireachtas Library and on GSOC's website, www.gardaombudsman.ie.
