Dáil Éireann Debate, Thursday - 15 February 2024
280. Deputy John Brady asked the Minister for Justice what current plans exist to address complaints about GSOC, in view of the recently passed Policing, Security and Community Safety Bill 2023; and if she will make a statement on the matter. [7191/24]
View answerI am confident that the recently enacted Policing, Security and Community Safety Act 2024 will result in significant reform and improvement to the system for the handling and investigation of garda complaints. This will include changes to the structure, remit and procedures the Garda Síochána Ombudsman Commission (GSOC), which will now be reconstituted as Fiosrú - Oifig an Ombudsman Póilíneachta.
The current three Commissioner model will be replaced by a single head of the organisation, the Police Ombudsman, supported by a Deputy Police Ombudsman and a Chief Executive Officer. The establishment of Fiosrú will build on the vital work carried out by GSOC since its establishment in 2007. The development of the new Act has been informed by the Commission on the Future of Policing’s recommendations on how an enhanced service can be provided.
Under the Act, the independence, organisation, and governance of GSOC is addressed, with the new body (Fiosrú) expanding its remit and overhauling its processes and procedures. The changes will ensure that all complaints, other than an agreed list of service level complaints, will be investigated by Fiosrú. This will result in more independent assessment of allegations of Garda wrong-doing, including those that are identified other than by way of complaints from members of the public.
The current dual investigation process under the Garda Síochána Act 2005 will be replaced with a new single investigation process. Unlike the current process, this new approach allows the Police Ombudsman to launch an investigation without having to decide at the outset whether or not that investigation is to be criminal or non-criminal in nature. The new process also dispenses with the existing statutory approach which requires criminal and non-criminal matters to be investigated sequentially.
To further enhance trust and confidence, the Act extends provision for judicial enquiry into the conduct the Police Ombudsman, the Deputy Ombudsman, CEO of the Police Ombudsman, and/or an officer of the Ombudsman, including a designated officer, should the need arise.
Overall, the changes will greatly strengthen the existing mechanisms for Garda accountability, enhance transparency and improve efficiency of the complaints process. As was the case with GSOC, the Police Ombudsman, subject to the provisions of the Act, will be independent in the performance of his or her functions.
