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An Garda Síochána

Dáil Éireann Debate, Wednesday - 11 May 2022

Wednesday, 11 May 2022

Questions (219, 220)

Louise O'Reilly

Question:

219. Deputy Louise O'Reilly asked the Minister for Justice if there are plans to establish an appeals process within the Garda Síochána Ombudsman Commission. [23568/22]

View answer

Louise O'Reilly

Question:

220. Deputy Louise O'Reilly asked the Minister for Justice if there are plans to establish an external complaints procedure for reviews made by the Garda Síochána Ombudsman Commission. [23569/22]

View answer

Written answers

I propose to take Questions Nos. 219 and 220 together.

As the Deputy will be aware, the Garda Síochána Ombudsman Commission (GSOC) is the independent statutory body established under the Garda Síochána Act 2005 (as amended) to deal with complaints concerning Garda conduct. As Minister, I play no role in the internal administration of GSOC.

I am advised that, as a civil service organisation, GSOC's standards and behaviour are governed by the Civil Service Code of Standards and Behaviour. Any member of the public may make a complaint about a GSOC staff member and details of how to make such a complaint are available on GSOC's website at: www.gardaombudsman.ie/about-gsoc/customer-service/

Persons who make a complaint to GSOC regarding the conduct of a Garda member may also, in some circumstances, request a review of the investigation. Details of this process are available at: www.gardaombudsman.ie/make-a-complaint/before-you-complain/how-we-deal-with-complaints/outcomes/

As the Deputy will be aware, the Policing, Security and Community Safety Bill will provide for a reformed and strengthened Office of the Garda Síochána Ombudsman (OGSO). The new OGSO will have increased investigative powers and its mandate will extend, for the first time, to Garda staff as well as sworn members.

The General Scheme of the Bill also seeks to strengthen oversight and accountability on the part of the Garda Ombudsman by providing for a right of review on the part of complainants in relation to certain decisions and also makes it clear that the Ombudsman may review its own decisions and take any appropriate corrective action.

In addition, the potential scope of a judicial review into the conduct of a designated officer of the Garda Ombudsman is expanded to include all officers of the Garda Ombudsman and also members of Garda personnel, where appropriate.

The pre-legislative report from the Oireachtas Justice Committee is expected in the coming weeks and the recommendations of the report will inform the further drafting of the Bill to ensure delivery of this key piece of legislation, which is intended to deliver on the recommendations of the Commission on the Future of Policing in Ireland.

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