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An Garda Síochána

Dáil Éireann Debate, Thursday - 30 November 2023

Thursday, 30 November 2023

Questions (432)

Carol Nolan

Question:

432. Deputy Carol Nolan asked the Minister for Justice her views on the status of An Garda Síochána as an impartial, neutral and apolitical organisation; if she supports the view that all members of An Garda Síochána, including the Garda Commissioner, should refrain from making overtly political statements in line with an instruction issued in 2015 by a former Garda Commissioner reminding all members of An Garda Síochána of the necessity for members not to be associated with any political movement or viewpoint; and if she will make a statement on the matter. [52970/23]

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Written answers

It has not been possible to collate the information requested in the time allowed. I will write to the Deputy directly when the information is to hand. 

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Questions No. 432 of 30 November 2023 where you sought: “To ask the Minister for Justice her views on the status of An Garda Síochána as an impartial, neutral and apolitical organisation; if she supports the view that all members of An Garda Síochána, including the Garda Commissioner, should refrain from making overtly political statements in line with an instruction issued in 2015 by a former Garda Commissioner reminding all members of An Garda Síochána of the necessity for members not to be associated with any political movement or viewpoint; and if she will make a statement on the matter”.
As you will recall, I had sought the information you requested from the Garda authorities and undertook to contact you again once the information was to hand.
I want to assure you that I have full confidence in An Garda Síochána, and the Garda Commissioner, to fulfil An Garda Síochána's core mission of Keeping People Safe. The public can be assured that An Garda Síochána is fully focused on this important goal, and on upholding the law generally, and the Government is providing the support needed for them to achieve these goals.
As you will be aware, the status of An Garda Síochána as a non-political organisation is laid down in statute, including (but not limited to) the Garda Síochána Act 2005 (as amended) and the relevant provisions in the Constitution. As Minister I cannot provide an interpretation of these, as that is strictly a matter for the Judiciary, who are independent in their functions.
It is also important to note that the Garda Commissioner is by law responsible for the management of An Garda Síochána, including the issuing and implementation of HQ Directives. As Minister, I have no role in these operational matters.
I am confident that An Garda Síochána maintains its impartiality, neutrality, and an apolitical stance. I am informed that this is done through several foundational frameworks and principles that guide its operations and decision-making processes.
Central to this approach are the following:
The Garda Decision Making Model (GDMM): ensures that decisions made by Garda personnel at all levels are grounded in Constitutional and Human Rights, as well as ethical considerations. This model places a strong emphasis on legality, reasonableness, transparency, non-discrimination, and accountability in all actions and decisions. The GDMM operates within a framework that continually evaluates and reviews decisions, ensuring that they are consistent with the core values of impartiality and neutrality.
The Code of Ethics for An Garda Síochána establishes principles that reinforce this impartial and apolitical stance. The Code mandates that every person working within An Garda Síochána adheres to standards of honesty, integrity, and respect for diversity. This includes the first principle of ‘Duty to uphold the law’ which states: ‘I will uphold and obey the law and fulfil my responsibilities in a fair and impartial way’ and ‘honesty and integrity’ which states: ‘To meet this standard, and to ensure the public can have confidence that you are acting impartially and fairly, you must not use your position to gain personal advantage or place yourself under an obligation which might influence you in the performance of your duties.’ These ethical standards and commitments permeate all areas of policing work and decision-making, ensuring actions are consistent with the principles of fairness, and respect for the dignity of every individual.
Additionally, An Garda Síochána operates under defined Policing Principles, established by An Garda Síochána Act 2005 which state Policing services must be provided:
• Independently and impartially,
• In a manner that respects human rights, and
• In a manner that supports the proper and effective administration of justice
These principles further solidify An Garda Síochána’s commitment to neutrality and impartiality, ensuring that everyone is treated equally and fairly, without any political bias or influence.
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