As to the first part of the Deputy's question, I have no plans to establish a general commission of inquiry into the criminal justice system. We have had many and varied committees and commissions which have reported in the recent past on or are currently examining individual aspects of the criminal justice system. Included among these are the Whitaker Committee, which examined the prisons system; the Walsh Committee, which looked at Garda training; the Law Reform Commission, which carries out an ongoing review of our laws; the Committee on Court Practice and Procedure, the Martin Committee on certain aspects of criminal procedure, the Committee on Public Safety and Crowd Control, the interdepartmental group on the administration of justice, the interdepartmental group on urban crime and the Dáil Select Committee on Crime, which has the widest terms of reference of all committees in the justice area and to which the Garda Representative Associations have full access.
As I said in my reply to the speech mentioned in the question, my approach to updating the criminal law is to deal with the matter on a systematic basis, affording priority to these areas most in need of review. In line with this approach, I have announced the setting up of a broadly based advisory group on the investigation and prosecution of serious fraud.
The very many criminal law measures enacted in recent years and the other proposals announced for implementation in the Programme for Government, together with other initiatives taken, give clear evidence of consistent progress in this whole area.
In relation to Garda promotions, following extensive negotiations at the Garda Conciliation Council, at which the Garda Representative Bodies were represented, a new set of Garda Síochána (Promotion) Regulations were introduced in 1987. These regulations provide for a Promotion Advisory Council, on which the Garda associations are represented. This council was given the functions of reviewing and advising the Commissioner in relation to promotions, competitions for promotions and the systems and procedures for promotions. I would have thought that these regulations meet the reasonable expectations of the members of the force as regards such systems and procedures. In any event, the provisions of the regulations enable the associations to propose further changes which they consider desirable.
I reject out of hand any suggestion that personnel are selected for promotion on the basis of political considerations rather than on ability and suitability for the higher post. Promotions to ranks in the force below Assistant Commissioner are based on internal competitions in which neither I nor my Department play any part. These competitions are conducted in accordance with the terms of the 1987 regulations to which I have already referred. In the case of promotion to the Assistance Commissioner rank, the Garda Commissioner, following procedures prescribed in those regulations which involve formal consultations with the Deputy and Assistance Commissioner at a meeting specially convened for the purpose, puts forward a name which is then sent to Government for approval and invariably receives Government approval. Promotions to Deputy Commissioner and Commissioner rank are made by the Government. With the exception of a few instances in the distant past, all promotions to Deputy Commissioner and Commissioner have been made from within the Commissioner ranks and following consultations between the Minister and the current Garda Commissioner.