Dáil Éireann Debate, Thursday - 17 November 2016
121. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the status of the operation of the Policing Authority and the full implementation of its power with regard to appointments to An Garda Síochána; and if she will make a statement on the matter. [35654/16]
View answerAs the Deputy will be aware, the Policing Authority is an independent statutory body established on 1 January 2016 for the purpose of overseeing the performance by An Garda Síochána of its functions relating to policing services. Since its inception, the Policing Authority has been focussing, as a matter of priority, on its functions which have statutory deadlines and reform significance. The Policing Authority has met on several occasions with the Commissioner and her senior team, as a follow up on its consideration of the O’Higgins Report and related matters. A number of these meetings have been held in public to reassure the community about the performance of the Garda Síochána. Areas that have been highlighted in the discussions include:
- Implementation of the Modernisation and Renewal Programme within An Garda Síochána;
- Review of the Garda Protected Disclosure policy;
- Plans to conduct a culture audit within An Garda Síochána;
- Corporate governance arrangements and management structures within An Garda Síochána; and
- Arrangements for training and the professional development of members.
The Authority has approved a three-year Strategy for An Garda Síochána. It has also determined the policing priorities for 2017 which will inform the content of the 2017 Policing Plan to be published before the end of the year. It has reviewed and issued recommendations on the Garda Protected Disclosure policy and will also establish a Code of Ethics that includes standards of conduct and practice for Garda members.
The sections of the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 which remain to be commenced contain provisions essentially enabling the Policing Authority to appoint and remove persons from positions in An Garda Síochána.
Sections 10, 11 and 13 contain provisions governing the removal of the Garda Commissioner, Deputy Garda Commissioners, Assistant Garda Commissioners, chief superintendents and superintendents, including the procedures to be followed before such removal. Section 12 deals with the appointment by the Authority of persons to the ranks of Assistant Garda Commissioner, chief superintendent and superintendent. Sections 39 to 42 deal with appointments and secondments between the PSNI and An Garda Síochána and the procedures to deal with disciplinary matters in relation to persons comprehended by those sections.
The commencement of these sections is dependent on the regulations governing promotion and discipline in An Garda Síochána being amended to reflect the envisaged role for the Authority. In accordance with the Garda Síochána Act 2005, the Garda Commissioner and the Authority must be consulted on any proposed changes to these regulations. In addition, the Garda representative bodies must be consulted and that process is well underway. Work on the preparation of the proposed regulation changes is nearing completion with a view to the appointment and removal functions being transferred to the Authority in the coming weeks and in any case before the end of the year.
The Deputy may wish to be aware that the establishment of the Policing Authority has no bearing on promotions to the ranks of sergeant and inspector. These continue to be a matter for the Garda Commissioner in accordance with section 14 of the Garda Síochána Act 2005 and the Garda Síochána (Promotion) Regulations 2006.
