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An Garda Síochána

Dáil Éireann Debate, Thursday - 27 April 2023

Thursday, 27 April 2023

Questions (316)

Paul Kehoe

Question:

316. Deputy Paul Kehoe asked the Minister for Justice the oversight that is in place for GSOC operations; and if he will make a statement on the matter. [20126/23]

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Written answers

As the Deputy will be aware under the Garda Síochána Act 2005 (as amended), the Garda Síochána Ombudsman Commission (GSOC) is independent in the performance of its functions. As Minister, I have no direct role in such matters.

The existing legal framework for the operation of GSOC is set out in Part 3 of the Garda Síochána Act 2005 (as amended). The Act includes provisions designed to ensure the confidentiality of all information obtained by GSOC for the purpose of implementing its statutory functions. It is a matter for GSOC to ensure that these provisions are complied with.

As GSOC is statutorily independent in its operation and administration, it would not be appropriate for me, as Minister, to comment on or interfere with investigations.

In accordance with the Code of Practice for the Governance of State Bodies, the relationship between GSOC and my Department is governed by an oversight agreement, with performance expectations set by annual agreement.

The oversight agreement sets out the broad governance and administrative accountability framework within which GSOC operates, and defines the key statutory and administrative roles, responsibilities and commitments that underpin its relationship with my Department.

Under the Code of Practice for the Governance of State Bodies, GSOC is required to seek the Minister's views on its strategy. GSOC is also required under the Code to submit an Annual Compliance Statement to the Minister for Justice.

GSOC is also accountable to the Oireachtas under certain provisions within the Garda Síochána Act 2005, subject to certain safeguards in relation to its work.

As the Deputy may also be aware, section 109 of the 2005 Act provides that the Minister may request the Chief Justice to invite a judge to inquire into the conduct of a designated officer of GSOC in relation to investigations under the Act.

GSOC has a vital role in upholding confidence in policing in Ireland, and it is incredibly important that public confidence in GSOC be maintained. I can also advise the Deputy that the Policing, Security and Community Safety Bill 2023 is a Bill that gives effect to a Programme for Government commitment and has its origins in the report of the Commission on the Future of Policing in Ireland (CoFPI).

A key objective of the Bill is to simplify and streamline GSOC’s investigation processes and to deliver a more efficient and effective complaints handling system overall. The Bill, when enacted, will also reform the structure of the body and provide a new framework for governance and accountability. The Bill was published on 19 January 2023. It is currently making its way through the legislative process and I aim to have it enacted and commenced by January 2024.

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