Dáil Éireann Debate, Thursday - 8 July 2021
85. Deputy Bríd Smith asked the Minister for Justice if she will commission a review into the workings of the Garda Síochána Ombudsman Commission, GSOC and its limitations compared to a full commission of investigations in view of recent cases (details supplied) involving GSOC investigations and questions regarding the speed and outcome of these; and if she will make a statement on the matter. [36697/21]
View answerI ask the Minister about a review into the workings of GSOC and the limitations in that regard compared to a full investigation in view of recent cases, especially involving the killing of Mr. George Nkencho, but also concerning previous investigations completed that body. I refer to the cases of Mr. Shane O'Farrell and Mr. Terrance Wheelock. Senior officers in GSOC have complained about a lack of staff. A report in The Irish Times yesterday referred to senior Garda officers refusing to carry out investigations on behalf of GSOC as part of an industrial relations action.
I thank the Deputy for raising this matter. GSOC is the body specifically established, designed and equipped to investigate complaints of alleged criminality or misconduct by members of An Garda Síochána.
I assure the Deputy that GSOC has extensive powers under the provisions of the Garda Síochána Act 2005 to perform this function. If GSOC believes a suspected criminal offence may have been committed by any member of An Garda Síochána, it is obliged to conduct a full criminal investigation. GSOC's designated officers have all the powers, privileges and immunities in the course of their duty as those that apply to a member of An Garda Síochána. GSOC also has the power to refer a case to the Director of Public Prosecutions following the outcome of its investigations, where this is deemed the appropriate course of action. Clearly these are powers that are not available to other forms of independent statutory inquiry, such as a commission of investigation or a tribunal of inquiry.
With regard to the specific cases the Deputy has raised, I hope she will understand I cannot comment on any ongoing investigation by GSOC or on the outcome of any previous investigations. As Minister for Justice, I have no role in any such decisions. They are matters strictly for GSOC, whose independence is a crucial part of its oversight role. It is not the case, for the reasons I have mentioned, that the investigation of these or other serious matters would have been more effectively or expeditiously achieved by means of a commission of investigation or other form of inquiry. I assure the Deputy, however, that there is ongoing engagement by my Department and GSOC to ensure its powers and facilities are commensurate with its important role, most recently in the context of implementing the recommendations of the Commission on the Future of Policing in Ireland.
I understand the Minister cannot comment on the George Nkencho case because it is ongoing. It is worth noting, however, that the inquest into the death of this 27-year-old man with mental health problems recently opened and evidence was given by the coroner that he was shot five times in the back by armed gardaí. Key witnesses were not questioned by GSOC for up to eight days after that event. The Minister keeps repeating that GSOC is robust and independent and has full oversight, but there is evidence, even in the heads of the Bill that have been published, that a review into the role of GSOC and its robustness and independence is needed. For example, there have been historic failures in the cases of Shane O'Farrell and Terence Wheelock. We need to know what is going to be done to address these historic failures because they are now many years old. The heads of the Bill call for stronger powers to be given to GSOC, such as to make unannounced visits to Garda stations, which indicates it does not currently have that power. It is a bit like the Health and Safety Authority, HSA, not having the power to make unannounced visits to meat factories.
The Deputy mentioned the proposed policing, security and community safety Bill, which will be subject to further consideration by the Oireachtas. It will strengthen and reform the oversight and accountability of An Garda Síochána. Some of the proposed reforms include moving to a single ombudsman model; granting a separate Vote for the ombudsman; having an expanded remit to include Garda staff; requiring all complaints other than minor service level ones to be investigated by the ombudsman; and introducing a new streamlined and simplified approach to investigating, while ensuring appropriate safeguards are in place to protect the individual's right to fair procedures and natural justice. These are just some of the reforms proposed by the recently published general scheme of the Bill. I look forward to working with the Oireachtas as it considers the Bill to strengthen policing and oversight of policing in Ireland further.
Repeating that GSOC is independent and robust just does not cut the mustard. Even the chairperson of GSOC has said it is understaffed and needs reform. According to a report, 42% of all cases initiated by GSOC have been referred back to Garda inspectors. The work it is refusing to do increased hugely during 2020. There has also been a substantial increase in the very serious cases being investigated by GSOC. My point is there have been historic failures and the Minister is not really addressing that point. There have been historic complaints and we have debated them often here in the Dáil. There will be an increase in the campaigning to have them addressed, particularly in the cases of Shane O'Farrell and Terence Wheelock. The Minister is not answering the question of what can be done about the historic failures of GSOC. If there were not failures or weaknesses, there would not be a requirement for a review, and we would not have a situation where the commissioners themselves are complaining about the lack of staffing in GSOC.
I said in my initial answer that GSOC has the power to bring criminal charges against members of An Garda Síochána following the outcome of its investigations, where GSOC deems this to be the appropriate course of action. These are powers that are not available to other forms of independent statutory inquiries such as a commission of investigation or a tribunal of inquiry. With regard to the recent report in the newspapers about the pay claim of superintendents and chief superintendents, the Workplace Relations Commission is hosting conciliation talks on this issue between the Garda associations. Efforts are ongoing to arrive at a solution that will be agreeable to all the parties involved, including Garda management and officials from both my Department and the Department of Public Expenditure and Reform. As the Deputy will be aware, the Garda Commissioner is responsible, under section 26 of the Garda Síochána Act 2005, for the administration and management of Garda business.
