Dáil Éireann díospóireacht -
Thursday, 2 Feb 2017

Vol. 937 No. 2

Committee Report on Garda Oversight and Accountability: Motion

Deputy Caoimhghín Ó Caoláin

I move:

That Dáil Éireann shall consider the Report of the Joint Committee on Justice and Equality entitled ‘Report on Garda Oversight and Accountability’, copies of which were laid before Dáil Éireann on 15th December, 2016.

I thank the Tánaiste and Minister for Justice and Equality, Deputy Frances Fitzgerald, for her attendance to debate the report of the committee on Garda oversight and accountability. I also thank the members of the Joint Committee on Justice and Equality who contributed to the production of the report. The report was unanimously agreed by the committee at its meeting on 30 November 2016 and was formally launched in the audiovisual room on 15 December. I am delighted that it is now the subject of debate in the House.

The Joint Committee on Justice and Equality identified Garda oversight and accountability as one of the issues it wanted to address in its work programme agreed in September 2016. The committee was of the view that, notwithstanding the outstanding work of the overwhelming majority of members of An Garda Síochána, the service has been mired in controversy in recent years, relating in particular, but not exclusively, to whistleblowers' allegations. The joint committee is also of the view that it is of critical importance that public confidence in An Garda Síochána is restored and maintained by having the highest standards of oversight and accountability.

To assist it in its work, the joint committee invited representatives from the three oversight bodies, namely, the Garda Síochána Ombudsman Commission, the Policing Authority and the Garda Inspectorate. The committee also met with the Garda Commissioner and senior representatives of An Garda Síochána. We met Judge Mary Ellen Ring, chairperson of the Garda Síochána Ombudsman Commission, and Ms Carmel Foley, Commissioner, on 21 September. This was followed on 28 September by an engagement with Ms Josephine Feehily, chairperson of the Policing Authority, and Ms Helen Hall, the CEO of that body.

The meeting with the Garda Inspectorate took place on 19 October, when the then deputy chief inspector Mr. Mark Toland and acting deputy chief inspector Eimear Fisher came before the committee. We met Garda Commissioner Nóirín O’Sullivan on 12 October. She was accompanied by deputy commissioner Donal Ó Cualáin and assistant commissioner Eugene Corcoran, assistant commissioner Jack Nolan, Joe Nugent, the chief administrative officer, and Gurchand Singh, head of the analysis service.

During the course of the evidence heard, it became evident that the legislative powers governing the oversight bodies needed to be strengthened to ensure more effective oversight and accountability. Our report contains nine recommendations which are set out on pages 20 to 22. The first three recommendations relate to GSOC. The legislation underpinning GSOC, the Garda Síochána Act 2005, has been in operation for over ten years and the committee recommends that Part 4 of the Act should be amended and updated to facilitate GSOC in functioning more effectively and efficiently and recommends a number of reforms such as informal resolution, improved oversight of complaints referred to An Garda Síochána, enhanced powers in regard to reviewing investigations and extending the power of GSOC to investigate former members of An Garda Síochána.

Recommendations 4 and 5 relate to the Policing Authority. Recommendation 4 recommended that the regulations and commencement order to allow the Policing Authority to appoint persons to the senior ranks of An Garda Síochána be completed without further delay. I understand that this provision came into operation as of 1 January this year, which I welcome, and I thank the Tánaiste for acting on this important matter. Recommendation 5 is recommending that the statutory remit of the Policing Authority be expanded to include the following functions and responsibilities: supervise the function of the Garda Commissioner’s Office and the discharge of functions by the Commissioner; appoint, supervise and, where appropriate, discipline senior management within An Garda Síochána; establish policies or procedures for An Garda Síochána; cause to be published and made accessible to the public all sections of the Garda code and Garda operational policies and procedures; and review the adequacy and appropriateness of the policies and procedures which underpin the operation of an effective policing service.

Recommendation 6 is calling for the Garda Inspectorate to be given statutory power to make unannounced visits to Garda premises, as is the case in other jurisdictions.

Recommendations 7 and 8 relate to whistleblowers. The committee acknowledges the importance of the role of whistleblowers within An Garda Síochána and the important role they play in highlighting inappropriate actions or behaviour, helping improve accountability and enhancing the service provided. In that regard the culture within An Garda Síochána must develop and mature in order that the true benefit of whistleblowers who identify malpractice and-or wrongdoing is properly recognised and respected within the service. Furthermore, sanctions should be introduced and applied to serving members of An Garda Síochána, up to and including demotion, where they are found to have interfered with and-or obstructed legitimate whistleblower claims and evidence. In the most serious of cases, sanctions up to and including dismissal from the Garda service would apply. I want to state very clearly that the committee members adopted this and the previous recommendations because they, individually and collectively, want to see emerging from this period of great uncertainty within An Garda Síochána and of great disquiet among the public a police service that will have the deserved confidence, respect and support of all citizens.

The final recommendation relates to resources. The committee is of the view that to ensure effective oversight and accountability of the policing service, it is imperative that all the bodies engaged in Garda oversight are adequately resourced to enable them to carry out their functions efficiently and effectively. The determination of the required additional resourcing should be carried out in consultation with the respective bodies. The committee is of the view that the implementation of the recommendations contained in the report will result in significant strengthening of the oversight powers and thereby will help restore public confidence in the service which will benefit both the public and the serving members of An Garda Síochána.

It is the earnest hope of the members of the Joint Committee on Justice and Equality that all the recommendations are accepted and acted upon by the Minister. I hope that she will reflect positively on the report and its recommendations and advise a timeframe for action.

I thank the oversight bodies and the Garda Commissioner for the evidence they presented to the committee. We were very appreciative of the time given by each of the delegations. On behalf of the committee, I express to all concerned our gratitude. I urge everyone to read this report in conjunction with the transcript which is available on the committee page of the Oireachtas website. I commend the report to the House.

Minister for Justice and Equality (Deputy Frances Fitzgerald)

I welcome the report on Garda oversight and accountability, which is a critically important area. The report was published by the joint committee. It represents a significant contribution to the ongoing debate on policing in this country. I thank Deputy Ó Caoláin, who chaired the committee, and the committee members for the production of the report in such a timely way. It will make a contribution to reforms in this area. I look forward to working with the committee and engaging with it on the various recommendations.

Since my appointment as Minister for Justice and Equality, I have overseen a significant programme of reform. There are many different elements to it. I have made it clear that the process of reform does not end and must continue. It must be ongoing. It is not all done at once, however, nor is it done overnight. It needs to be an ongoing process and engagement about reform and these important issues of oversight and accountability. Reform must be our watchword. There is no question but that change is the order of the day at present. However, it must be managed and carefully considered, which is what happened in the report. Reform never stops and we must end bad practices wherever they occur, which is why oversight and accountability are so important. They lessen the chances of that happening and, more important, of it continuing.

I am pleased to take the opportunity afforded to me by this debate to inform the House that I intend to seek Government approval shortly to prepare heads of a Bill to amend Part 4 of the Garda Síochána Act 2005, which concerns the Garda Síochána Ombudsman Commission to improve its operation. This was recommended in the report. I will return to this presently.

As part of the programme of reform which I initiated, there have been very significant legislative changes related to policing in this country in recent years. Any reasonable observer of these changes would acknowledge that. When we consider the history of policing in the country, some of these changes have been quite dramatic and include the establishment of the Policing Authority, which is at an early stage of development. Therefore, we must be careful in trying to evaluate the contribution of these changes before they have had enough time to make their full impact. When we set up new organisations such as the Policing Authority, it is important to be aware that we have to give it time to settle in and develop its resources and staffing expertise, its programme of work and its strategy. There has been an excellent start under a chairwoman who is doing an excellent job and board members who are totally committed to the work in hand.

As Deputy Ó Caoláin stated, it is very important that we restore and maintain confidence in An Garda Síochána. It is a central part of our democracy, so it is critical the public has confidence in it. Gardaí put their lives on the line when they go out to do their work every day. We have seen that some have paid the ultimate price while doing their job. I agree with Deputy Ó Caoláin that it is important we show our appreciation for the work they do day in, day out, that is, the everyday work they do. We have seen some excellent examples of operations in recent weeks that challenge and interrupt crime and bring criminals to justice. There was Operation Hybrid and Operation Thor and there was a huge reduction in burglaries as a result of targeted policing in recent times. This was very striking targeted policing that has really made a difference to the quality of life of our citizens. As a Government, we have also dedicated huge resources in this regard. I believe that all members of An Garda Síochána throughout the organisations are entitled to take credit for those achievements.

The report addresses a number of specific issues related to An Garda Síochána itself and those other bodies that have a role in oversight, accountability and reform. I will say a few words on each aspect. GSOC has a very important role in ensuring public confidence in An Garda Síochána is safeguarded. It has extensive powers under the 2005 Act to enable it to carry out its responsibilities. Significant changes were made to the powers of GSOC in the past two years, including making GSOC a dedicated body for receiving protected disclosures.

I am committed to ensuring that we have in place the most effective mechanism for the investigation of complaints. I met the chairperson and other members of the Garda Síochána Ombudsman Commission in early January in the context of considering what changes are necessary. In her contribution to the joint committee's work and her meeting with me, the chairperson - and other members - called for changes to Part 4 of the 2005 Act which deals with the investigation of complaints in order, as she sees it, to allow GSOC to function more effectively. The chairperson also referred to minor service issues, which are also addressed in the report, that she felt should be managed by Garda line management rather than GSOC. I fully agree with her on this issue. The chairperson also sought changes to the powers of GSOC to require the Garda authorities to provide it with information and documents in the context of investigations.

Similarly, the joint committee report recommended, among other proposals, that service level issues be handled more efficiently; informal resolution, mediated by GSOC, be used more widely; and further measures to improve the timelines of conducting investigations be pursued. Recent reports show improvements in these timelines and this has been acknowledged.

The Garda Síochána Ombudsman Commission has been operating for ten years now and it is time to examine fundamentally the legislative provisions relating to the manner in which complaints are made to and dealt with by GSOC. Accordingly, I informed the chairperson that I propose to seek Government approval soon to prepare heads of a Bill to amend Part 4 to enable GSOC to carry out its functions more effectively and efficiently and help to continue to ensure proper accountability of the Garda Síochána in providing a service to the public. I expect the forthcoming changes to mirror very closely the recommendations in the joint committee's report. I must and will consult all relevant stakeholders during the preparation of the heads of a Bill.

Resources and funding, which have been increasing, will continue to be kept under review to ensure these oversight bodies are enabled to continue to operate effectively and efficiently and in accordance with their statutory remit.

The establishment of the Policing Authority has been one of the most significant and progressive reforms to the justice system in recent years. The recent transfer to the authority of the appointment function for senior ranks is a particularly important signal of this reform and not one that should be underestimated given the history of this issue and the change it signifies. There are suggestions that the provisions of the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 are too limited and should provide for the full removal of the Government and Minister for Justice and Equality from any role in the area of policing. I repeat the general point I made that some changes need further time to embed themselves. We also have to be mindful too of the constitutional restrictions, as advised by the Attorney General when I was doing the legislation, on the extent to which it is open to the Government to delegate to another body important functions relating to the executive power of the State. This matter was considered very carefully when I was doing the legislation. The provisions in the Act are designed to strike the right balance between, on the one hand, the exercise by the Policing Authority of effective and meaningful oversight of the Garda Síochána and, on the other hand, the retention by government of essential residual powers in regard to policing. I accept fully that we need to monitor how these new arrangements are working.

The Garda Inspectorate performs a very valuable service in seeking to ensure the highest level of efficiency and effectiveness in the operation and administration of the Garda Síochána is maintained. I know the joint committee also heard evidence from An Garda Síochána. The modernisation and renewal programme 2016-21, published in June 2016, is the vehicle for the implementation of the Garda Inspectorate’s wide range of recommendations aimed at An Garda Síochána. As Deputies will know - this is important - I have asked the Policing Authority to monitor implementation of these agreed recommendations. This creates another level of oversight. The Garda Inspectorate will make recommendations which the joint committee will examine from time to time. I have also asked the Policing Authority to monitor their implementation and I will receive the first report in the coming days.

I note the joint committee’s recommendation on access by the Garda Inspectorate to Garda stations. I agree with this recommendation and I would like to progress it. It may be helpful to mention that we are considering what arrangements might be put in place for independent access to all places where people are detained in light of international developments in this area. I note the joint committee's report points out that this is done in other countries and I do not see any reason it could not be done in the context described in the report.

I note and accept fully the joint committee's reference to the important role played by whistleblowers within An Garda Síochána. In 2016, the Garda Síochána published its protected disclosures policy and it has been working with Transparency International Ireland and other external providers to create an environment to ensure whistleblowers are protected and supported. As Members are aware, in June I asked the Policing Authority to examine and report on the policies and procedures in place in An Garda Síochána to deal with protected disclosures and make any relevant recommendations. The revision of the protected disclosures policy was finalised on 13 December 2016 and the revised document was published to the Garda internal portal on 14 December 2018. This is an area which is being kept under independent review by the Policing Authority. These matters have been the subject of public engagement between the authority and the Garda Commissioner and her team.

A new code of ethics has been prepared by the Policing Authority. People have spoken about a code of ethics for a long time and its launch two weeks ago is an important milestone. I also welcome the commitments in the policing plan to embed this code into the day to day thinking and actions of the organisation. The code is an impressive document to read and I want every new recruit in Templemore, from which several hundred gardaí graduated today, to know, understand and implement this extremely important code of ethics.

In the area of protected disclosures, it may be helpful to mention that I have received a report from Mr. Justice larfhlaith O’Neill relating to two protected disclosures I received in October last year. While I am still consulting the Attorney General on a number of complex issues which arise, I expect to be in a position to bring proposals to Government in the very near future.

I hope it is clear from what I have said that the Government and I are committed to ensuring that An Garda Síochána continues to provide a modern, efficient and accountable policing service. The new structures which have been put in place are a significant contribution to that. As I stated, reform is ongoing. I welcome the report and I have given my initial reaction to a number of the recommendations it makes and the progress I intend to make on them. I thank the chairperson and members of the joint committee for their report, which provided a valuable input into the discussions I had and will no doubt have in future. It will also help in progressing some of the changes I have outlined to the House.

It is very important that we continue to work together to ensure An Garda Síochána is as accountable and effective as possible. The considerable resources the Government has committed to the Garda in recent years have resulted in the reopening of Templemore, the recruitment of new gardaí and more civilians to a force that will have 21,000 people, new vehicles and more information technology resources. All this will contribute to efficiency and accountability.

I thank the joint committee for its report. The recommendations cover the activities of the Garda, GSOC, the Policing Authority and the Garda Inspectorate. Each of these bodies has its own functions and objectives. I have tried to be as comprehensive as possible in the time provided and to give as clear an indication as I can at this stage as to how I view the recommendations in the report.

Deputy Jack Chambers

I thank the Cathaoirleach of the Joint Committee on Justice and Equality, Deputy Caoimhghín Ó Caoláin, who played a very proactive role in compiling this report. I also thank the other members of the joint committee for their input and welcome those who are present. The report was primarily based on engagements the committee had with An Garda Síochána, the Garda Síochána Ombudsman Commission, the Garda Inspectorate and the Policing Authority.

These discussions and engagements were invaluable in gaining a better understanding of the existing oversight and procedures within and outside the operation of the country's police force. There are many strengths and weaknesses currently being practised and the report addresses these in good measure.

The report and its recommendations should be considered in the current environment of the ongoing efforts to reform An Garda Síochána following a number of recent controversies. I was pleased to hear contributors stress that An Garda Síochána is first and foremost a police service and its primary objective is to serve and assist the people of this State. It is of fundamental importance that the focus of the Garda charter is on communities and community interaction. Public confidence in upholding the law of our country and the Garda Síochána's role in developing proper public confidence will be critical into the future in the context of what has happened in recent months and years.

The report is intended to ensure there are robust oversight structures and mechanisms in place which will ultimately help gardaí to carry out their duties in an effective way and ensure they are receiving the necessary supports to do so. However, ink on a page alone will not achieve this. The onus is now on the Minister to ensure these recommendations are implemented. It will be to the detriment of the hard working men and women of An Garda Síochána if this is just another report left to gather dust. The shelves of Government Buildings are already groaning under the weight of inaction. I sincerely hope this report will not end up on a shelf.

The meetings with the four agencies were beneficial, although I concede I am still unclear about some areas, including where one agency’s remit ends and the next one begins. There seems to me to be a crossover and some grey areas. Some of the recommendations aim to remedy this. I was surprised to learn from my own meetings with the Policing Authority on the issue of its engagement. In my view, it should be critical engagement. There should be greater separation between the Policing Authority and senior management of An Garda Síochána. In saying that, I am not personalising anyone within or An Garda Síochána or the Policing Authority. A proper oversight mechanism must be such that the auditor or anyone who provides oversight does not have a collaborative, constructive input into the making of a policing plan. In my view, its role should be to analyse and engage critically on policing plans and then to bring those plans to senior management who will then bring them to the Policing Authority. It was mentioned that the issue in this regard is one of time and efficiency. In my view, it would be better if the Policing Authority had a greater degree of separation and oversight competencies such that it does not involve itself in the act of making a police plan because were it to be the scribe of a plan it would be difficult for it to provide adequate oversight of it.

Many of the recommendations are aimed at freeing up resources. We learned that one in five complaints dealt with by GSOC are minor in nature and could be more effectively dealt with in-house by Garda line management. It is also recommended that mediation be more widely used, where appropriate, to resolve disputes quickly. I welcome the Minister's statement in regard to the additional powers to be provided by way of amendment of Part 4 of the Garda Síochána Act. I hope this can be progressed expeditiously through the House. As a committee we were all agreed on the need to for GSOC to be empowered and resourced to play its role as set out in the legislative framework.

The provisions in the Garda Síochána Act in regard to appointments within the service need to be commenced to allow the Policing Authority to appoint Garda to senior rank. I know this matter is also being progressed. Promoting young officers who have shown promise in their fields is crucial to maintaining high policing standards. This is especially true in the current climate of retirement of many senior officers from An Garda Síochána.

I also welcome the recommendations relating to whistleblowers, which were suggested by members across the committee, including my party colleague, Deputy Jim O’Callaghan, who will be in the House later to speak on this issue. In all organisations and institutions, transparency is paramount and whistleblowers play an important role in this regard. Gardaí should feel confident to raise matters of concern and such practice plays an invaluable role in improving accountability and enhancing services to the public. Officers who raise concerns should be supported, not inhibited, by management and colleagues. It should be a matter of pride for a garda to know that he or she and his or her colleagues are doing their best to serve the people.

During the hearings, I raised important issues around helping gardaí on a day-to-day basis as they tackle ruthless criminals who are well-resourced and use the latest technologies to evade the Garda. The need for modern technologies was also recognised by the Garda Inspectorate during its appearance before the committee. Gardaí have had many recent successes in combating criminals and their empires. It is no coincidence this has come about because extra resources and personnel have been deployed in sophisticated, intelligence-led operations. The recent high profile drugs seizures and arrests in relation to the ongoing feud in Dublin are to be commended. However, further success is dependent on gardaí remaining one step ahead of these subversives. The most up to date technologies need to be made available. I would like to see greater roll-out of automatic number plate recognition, ANPR, technology. I do not believe this is being progressed as quickly as it should be, although I acknowledge that allocations in this regard have increased. We are way behind a number of countries, including the UK, in relation to ANPR technology. This must be to the fore in tackling many issues. As I said, this technology and the roll-out of other IT infrastructure will greatly assist the Garda in their investigations. I have previously raised that issue with the Tánaiste. In addition, there is no reason why gardaí should not be utilising real time information on their mobile phones. Specialist units, focusing on the rapidly developing world of cyber-crime, also need to be set up.

I again call on the Tánaiste to ensure that officers have the necessary resources to continue to keep our streets safe. Additional budgetary allocations should not be a once-off response to the ongoing feuds in Dublin and elsewhere but a continual funding model to tackle serious crime. Other important measures going forward include the hiring of civilians with appropriate skillsets to allow increased visibility of Garda on the streets and enhancing the role of community policing teams. Unfortunately, owing to years of cuts and disregard the morale among many gardaí is now very low. Most worryingly, young gardaí appear to be among the most disenchanted. These are the officers who should be the most excited and invigorated in their work. We all have a lot of work to do to rectify this and I hope adoption of this report will go a way towards this goal.

I thank the Chairman of the Joint Committee on Justice and Equality for his work in relation to this report. The committee has an exciting work programme this year. I look forward to hearing the contributions to this debate of other members of the committee.

Deputy Mick Wallace

Deputy Ó Caoláin is probably tiring of being complimented and told how wonderful he is. Nevertheless, I compliment him on his work and on his enthusiasm as Chairman of the Joint Committee on Justice and Equality. I also thank the Minister for being here tonight for this debate. As I have criticised her in the past when she did not come to the House for other debates, it is only fair that I should commend her when she does so. The Minister was here late last night, early this morning for Leaders' Questions and the Order of Business and she also dealt this afternoon with the legislation relating to sex workers. It is no fun for any of us, or the staff, to be here at 7 p.m. on a Thursday evening. As for the Ceann Comhairle, he probably has nothing better to do.

An Ceann Comhairle

Thank you.

Deputy Mick Wallace

I welcome the points made by the Minister in regard to Part 4 of the Garda Síochána Act and the creation of capacity for the Garda Inspectorate to make unannounced visits. It is pretty much common sense that that should be allowed because any notice in respect of a visit allows for preparation for it. It does not make any sense for someone in an inspectorate capacity to have to give notice of a visit.

I would like to address a couple of the recommendations. One of the recommendations states:

Enhanced powers for GSOC in relation to reviewing investigations. In unsupervised investigations, a complainant has a right to have GSOC review the investigation. However, the outcome stands.

That certainly needs to be addressed.

Just how the Minister will do that will be interesting. One can introduce rules and regulations until the cows come home but they must be implemented. Will there be sanctions if there is non-compliance? In light of how the Garda relates to GSOC, there is much speculation on how it will relate to the Policing Authority and Garda Inspectorate.

It goes without saying that we are still raising many issues that we find unsatisfactory in respect of how things are done but, being an optimist, I am of the view that change is coming, albeit very slowly. I acknowledge it is not easy to implement change.

In 2012, Deputy Clare Daly and I put a lot of time into examining how we do policing in Ireland. That is when the first whistleblowers came to us. There definitely has been some change in the past four and a half years, but probably not as much as we would like. When the former Commissioner, Mr. Martin Callinan, and the former Minister, Mr. Alan Shatter, departed the scene before mid-2014, we felt there would be serious change. There was a lot of talk about change. There was some but not nearly enough. I will address a few points in this regard in a minute. We have been raising many issues in respect of the new Commissioner. Obviously, from our perspective circumstances are far from what they should be.

Sadly, serious change is still to be made in the organisation. A huge cultural change is required. To achieve this, there will be a need for a change to the hierarchy in An Garda Síochána. When Northern Ireland considered replacing the RUC with a new organisation, which became the PSNI, Mr. Patten was adamant that the desired change would not occur until the authorities got rid of the hierarchy. They literally did so. They more or less paid off the staff in the top sections, moved on and created a new field of players at the top. That will have to happen here also.

In 2013 and 2014, we introduced policing Bills. In 2013, our recommendations were laughed out of this House. In 2014, our Bill was allowed to pass through the House but it did not get any further. Looking back at this matter today, I picked out a few points. Our Bill at the time proposed to set up an independent policing board similar to that of Northern Ireland in its powers and level of independence from Government interference. The Bill provided that the new policing board would appoint and remove the Garda Commissioner and deputy and assistant commissioners following consultation with the Minister, and that it would appoint superintendents and chief superintendents in consultation with the Minister. The Government's Policing Authority Bill, however, left the appointment of the Commissioner and deputy commissioner in the hands of the Government and allowed the authority the power to nominate in accordance with the recommendations of the Public Appointments Service, which provides us with one name only. That Bill also allowed that the Minister for Justice and Equality and the Minister for Public Expenditure and Reform would determine the number of appointments to assistant commissioner, chief superintendent and superintendent levels, but that the authority could may make these appointments subject to a selection competition. This left the system under the 2006 and 2014 regulations intact such that the selections are by the promotions advisory council and board, controlled by the Commissioner and Minister and which choose candidates for the authority to rubber-stamp. We are of the opinion that the Policing Authority needs to be made more independent of the Government. We still believe we need to further the depoliticisation of our policing service if we are to have the sort of service we would love to have.

Like Ms Justice Mary Ellen Ring when she appeared before the committee, I believe GSOC is not yet in any way fit for purpose, as it should be. The Minister has agreed to make some changes. Every recommendation in the committee's report should be considered strongly. I acknowledge the Minister will implement some of them. When the Garda Inspectorate produced 200 recommendations approximately two years ago, the Commissioner said she would take some of them on board. She did but it is a pity she is not compelled to take all of them on board.

The Minister said she would publish the O'Neill report in the very near future. Could she confirm that she will publish it before the end of this month? What are her plans in this regard?

We can bring in various measures and make things better, which is good. Circumstances are improving. It is important to note that the people now expect a different police service. That places extra pressure on An Garda Síochána to consider how it operates. If we are really to have the police service we want, it is imperative to have cultural change. We need a change to and a clean sweep of the existing hierarchy in order to bring about that cultural change.

Deputy Clare Daly

Like everyone else, I thank the industrious Chairman of our committee who has us here again on a Thursday evening. Ours is the most productive committee and has issued many reports. It is important to state this is the first justice report we have published. We have published two based on our equality brief. In some ways, it is not accidental that this is the topic we chose first because it is of enormous interest to society and the Garda. We have all been educated over recent years and I will not repeat the points on the committee's recommendations except to say we regard them all as a package. This report is not just aspirational, containing ideas we have circulated for the craic; these are serious observations, made in part on the basis of the engagement we had with the oversight bodies and the Commissioner and her team and in part from our experience over recent times. In that context, I welcome the fact that the Minister will take on board some of the committee's recommendations. That is a very welcome development. Without in any way being churlish, I believe it is an awful pity some of the recommendations were not taken on board previously.

It is a matter of record that many of the recommendations contained in the report and the Minister's Bill were made by us a number of years ago during the debate on the first GSOC and Policing Authority Bills. I am not saying this to score points, but people have suffered as a result of some of these provisions not being available during the two years since the most recent GSOC Bill was implemented.

GSOC has been unable to do the job expected of it as a Garda oversight body. When we first heard of or came into contact with it, we knew that many members of the public who had approached it believed - they still do - that it was a part of the conspiracy and was only there to whitewash the Garda's activities, not uphold complaints. They believed this because of the low follow-up levels. Perhaps we also believed this at first, but it has not been our experience. Our engagement with GSOC in recent years has led us to believe that it has capable personnel within its ranks, but that they must work within deficient structures. While they have a desire to hold the Garda to account and investigate complaints, the Oireachtas has not given them sufficient legislation to do so. That is what the committee is asking the Minister to do. Legislation is necessary if GSOC is to do the job that it is supposed to do. It also needs the ability and, importantly, the resources to fill vacancies when they arise.

We must be realistic about why the concept of oversight has gained popular currency and is being talked about by the dogs on the street. There is just one reason, that being, the heroic stance of a number of Garda whistleblowers who shed a light on an insular blue wall of silence, an organisation in which, contrary to what the Commissioner says, dissent was deemed to be disloyalty and punished accordingly. The order of the day was rats, death threats and serious intimidation of people who tried to do the right thing.

The public perception of what a whistleblower is has been stood on its head. Now, being a whistleblower is identified as a position to be lauded, and one that makes a valuable contribution to improving the situation for all gardaí and members of society. There are many good gardaí and, for some time, they have believed that the situation will change. They stepped forward accordingly to join the ranks of the whistleblowers and improve matters.

We have engaged with ten serving members of An Garda Síochána who have made protected disclosures of one sort or another. Under a change in the previous legislation, GSOC is now the confidential recipient and the vehicle through which gardaí make complaints. That service needs to be beefed up radically because GSOC does not have the time or resources to provide it adequately. It does not have the legislative power to compel Garda co-operation that it needs. Many cases have stalled because of delays in the Garda handing over material that GSOC needs to conduct its investigations. This non-co-operation continues today. It can be covered up as administrative delays and so on, but it impacts on the work being done. A number of the whistleblower cases in question are in the public domain, but others whose cases are with GSOC - in the instance of Keith Harrison, for more than two years - have had relatively limited meaningful engagement with GSOC because of delays with documentation and so on. In Nicky Keogh's case, the GSOC investigation has practically concluded and disciplinary recommendations have been made, but the Garda has not agreed to GSOC's involvement.

These serious matters are ongoing. One must ask, if the situation is improving, why all these gardaí bar one are out sick. All have made allegations about bullying and harassment since coming forward, which is in direct contrast with the public statements of the Commissioner that she does not know of any harassment. We know that she has been directly informed of that harassment, as has the Minister. Most recently, serious allegations were made, and were widely covered in the provincial media, during an assault case after Christmas. In open court, evidence was produced of doctored witness statements. The people involved in the assault were also involved in a case in which a garda had been accused of involvement in the drug trade and so on. Criminal prosecutions are being impacted.

The situation cannot be right if so many people are out sick. The case of the only garda who made a protected disclosure but who is not out sick is appalling. It involves a family law case. He received information to the effect that the judge, who was a family friend of his former wife, had held a meeting before the court case and then granted a protection order against him. He then made a complaint to the Garda. Not only was his complaint not investigated, but the senior garda involved initiated criminal proceedings against him for interfering with the judicial process when the circumstances clearly did not meet the criteria. That person, albeit a member of the Garda, was a victim, only to be revictimised by what the senior garda did. To add insult to injury for him and a number of other Garda whistleblowers, the very man who did that was brought by the Commissioner to attend our committee's hearings into oversight as a witness for An Garda Síochána. Confidence among serving members is not developed if this type of behaviour is happening.

The Minister will see from the committee's recommendations that we want the Policing Authority to have more control over the Commissioner. This is not a new idea. The authority needs to be beefed up. This relates to the Minister's remarks about the O'Neill report. It is not acceptable that she has had that report since October. It is now February. It is not a large report and is pretty straightforward.

Deputy Frances Fitzgerald

December.

Deputy Clare Daly

The process was initiated in October and Mr. Justice O'Neill was supposed to have concluded it quickly. The Minister has probably had it for two months, although certainly for six weeks. It is only a paper review. It is not a large body of work. Clearly, there are questions for the Commissioner to answer and the political problem is one of how she can remain in place while the matter is being investigated. She cannot, not when every other garda who is under investigation is removed.

The ability of the Policing Authority to hire and fire the Commissioner is key if we are to develop independence at the top, as that is where the change must come from if we are to get the type of service that we need. We are a long way from that, however. We are on the road, but I am not sure that we are even half way through the journey.

We look forward to seeing the Minister's Bill, but we want it to include all our recommendations.

Deputy Louise O'Reilly

I welcome the opportunity to contribute on this important Oireachtas committee report into Garda oversight and accountability and I join colleagues in commending the Chairman, an Teachta Ó Caoláin, for progressing it. The report is a comprehensive document that provides an outline of the Garda oversight mechanisms currently in place, with the committee hearings functioning to review these powers and identify how they could be strengthened to make oversight more effective. The committee engaged in extensive questioning of GSOC, the Policing Authority, the Garda through the Commissioner and the Garda Inspectorate.

On the face of it, we have an extensive oversight structure, with GSOC investigating matters of alleged misconduct by gardaí, public complaints and matters referred to it by the Policing Authority or the Garda Commissioner. The Garda Inspectorate has inspection powers over the operation and administration of the Garda and advises the Minister and the Policing Authority on best practice. The Policing Authority has oversight of the Garda's performance.

The Garda Síochána Act 2005 was a landmark law, but it came after what was arguably the greatest scandal ever faced by the Garda. The Morris tribunal identified gross misconduct and corruption within one Garda division.

It is unfortunate that the reforms to oversight in this jurisdiction have been driven by intermittent crises of confidence in the work the Garda is doing. We must take this report now and strive to do better, not because of a national scandal but because we want the police service to be human rights compliant.

I acknowledge that reforms have been made to at least introduce a theoretical model allowing for the independent investigation of complaints, but there is clearly a problem concerning the level of public confidence in how complaints are handled, and there is often a lack of transparency. The members of GSOC are appointed on the nomination of the Government. However, the practice is that it is the Minister who chooses and there are no independent applications, interviews or competition. The European Human Rights Commissioner has stated that is not fully compliant with human rights based practice which stipulates that the ombudsman should be accountable to the legislative assembly.

As far back as 2013 when GSOC was under the spotlight regarding a failure to investigate certain complaints expeditiously, it resulted in the submission of a special report to the then Minister for Justice and Equality on its public interest investigation of Garda compliance with informant handling procedures. The report was at pains to outline the commission's dependence on Garda information and the barriers that existed to it in accessing the information. Accessing such information was necessary for the organisation to be able to fulfil a core function effectively. The report explicitly stated that it "reflected a serious weakness in the independent investigation of complaints", leading to questions being raised over the oversight investigative function of GSOC. That was reiterated in a subsequent report that same year.

One of the difficulties regarding complaints procedures is that they are often not as independent as they need to be. Research conducted in this and other jurisdictions has suggested that the habit of gardaí investigating gardaí leads to a lack of public confidence. While the policing skills of the Garda are valued and the experience of members should not be disregarded, they can often be prone to viewing a matter through the eyes of another garda as opposed to a complainant member of the public, and even where they are absolutely professional and do not engage in that practice, there is the risk that they appear to be biased. That is relevant at the grassroots level of the Garda as one of the committee recommendations is that the minor complaints should be investigated through standard Garda line management rather than soaking up GSOC resources. Clearly, there is merit to this idea. However, careful attention must be paid to how that would be implemented in order that people who have legitimate grievances can have faith that the senior garda to whom they complain will investigate the matter effectively.

The Garda in general is well respected by the public. One only has to examine the esteem in which people in rural areas hold their local stations to see that. However, that connection with the public does not automatically equate to accountability to the public, and as this committee report outlines, there is much more to be done in this regard. Policing structures throughout Ireland can only benefit from maximum openness, accountability and oversight. Sinn Féin is committed to working within the existing structures of accountability and oversight throughout Ireland, to strengthening accountability structures where they do not work properly, and to creating new structures where they do not yet exist.

It was important that the committee report referred to the Patten commission report and the Good Friday Agreement. It was, and remains, our view that the model of oversight that emerged from Patten, namely, an independent civilian management board, independent community policing partnerships operating at district level and an independent ombudsman to handle complaints, offers the greatest potential for ensuring policing is non-partisan, that it can be held to account in the event of wrongdoing, and that its primary focus is on policing within the community.

The Garda Síochána Ombudsman Commission is not actually independent. It is almost entirely dependent on the Garda to conduct its investigations for it. A number of key staff are seconded from the Garda, others were transferred directly from the old Garda Complaints Board or simply retired from the Garda Síochána to take up a position immediately in the ombudsman commission. Complainants' reported experience has involved huge delays in responding to and progressing complaints, failure to return calls, failure to keep complainants updated on the progress of investigations, despite express commitments to do so, and a failure to provide reasons for decisions. Some but not all of that can be explained by resource issues.

All of the above significantly undermine any semblance of transparency or openness in the complaints process, making confidence in the current system impossible. The report found that there is a lack of proper oversight and accountability in formal disciplinary investigations. Sinn Féin believes that only by achieving high standards of discipline based on honesty, integrity and transparency will a police service earn the confidence and support of the community. Without that confidence and support, all other aspects of policing are undermined. An effective system for disciplinary proceedings for misconduct when necessary and prosecutions for criminal behaviour where warranted are therefore an essential complement to the oversight mechanisms outlined. That is necessary for enforcing human rights compliance and ethical conduct standards.

The analysis of complaints, discipline and civil actions against the police provides important information for monitoring the PSNI's and the Garda's compliance with human rights and equality legislation and the European Convention on Human Rights in particular. Both the number and content of such complaints are an effective measure of the relationship between the police and the community and the efficacy of police policy and practice. Sinn Féin believes that less serious complaints, involving rude conduct or unprofessionalism, for example, should be resolved informally but, as stated previously, work needs to be done to ensure public faith in the process. Further, given that the Garda disciplinary regulations date back to 2007, it is clear they should be reviewed and updated where necessary.

During every discussion concerning Garda oversight and the Garda Inspectorate, the issue of not being able to carry out unannounced visits to Garda stations has arisen. That should be rectified as a matter of urgency and it should be noted that this report refers to a previous committee report that stated any protocol requiring advance notice of inspections should be removed by amending the Garda Síochána Act of 2005.

There is no barrier to doing so, bar the lack of political will to carry that out. That is just one legislative measure that is needed. We welcome the recommendations in the report stating that GSOC should be given enhanced powers in reviewing investigations and that measures must be taken to provide a penalty for failure by the Garda to deliver reports back to GSOC, as well as allowing GSOC a statutory framework in which it can report back to the Garda on systemic issues it may need to rectify. I urge the Minister to bring forward the inspection of places of detention Bill, which is on the legislative programme, to enable the ratification of the UN Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. It is accepted that different jurisdictions will be at different junctures in a process of developing police accountability and human rights compliance, and demands have been made from political representatives, activist groups and non-governmental organisations, including the Irish Human Rights and Equality Commission, which has said that we should look to the Six Counties in reducing the democratic deficit of police accountability. Regrettably, the Garda still cannot be held fully to account under the existing structures of accountability in the Twenty-six Counties. The gap between oversight structures North and South should be removed as a matter of urgency. The Nl Criminal Justice lnspectorate has been in place since 2002 and the matter should not be delayed any further. We welcome the report and its recommendations and look forward to the robust discussions that will take place during their implementation.

Deputy Jim O'Callaghan

Approximately 50% of my time as spokesperson for justice and equality is devoted to issues concerning An Garda Síochána. That is not surprising when one considers that it is a force of up to 13,000 members who interact with members of the public every day. One of the downsides of discussing An Garda Síochána in this House is that we only really get to focus on issues affecting An Garda Síochána when things go wrong. One of my first debates as justice and equality spokesperson was in respect of the O'Higgins report that highlighted a number of failings within the Cavan-Monaghan division of An Garda Síochána, and it correctly received much discussion in here and publicity in the media.

It is also important, however, to acknowledge the good work An Garda Síochána does every day of the week. One could say that is just a platitude and we are not here to discuss that, but in recent times An Garda Síochána has had considerable successes in terms of the investigations it does. The guilt or innocence of any individuals who are subjected to a Garda investigation is a matter for the courts, but what is apparent in recent times is that An Garda Síochána has achieved considerable success. On behalf of myself and Fianna Fáil I commend and congratulate the Garda on those recent successes. It deserves to be commended in respect of them. When gardaí make mistakes, overstep the mark or engage in wrongdoing, it is important that this House discusses and refers to that.

Similarly, when An Garda Síochána does excellent work, it is important to refer to it.

I also refer to the work of the Oireachtas Committee on Justice and Equality chaired by Deputy Ó Caoláin. The process we went through last year for the purpose of appraising and evaluating the oversight of An Garda Síochána was an excellent piece of work. Representatives of GSOC, the Policing Authority and the Garda Síochána Inspectorate appeared before the committee, as did the Garda Commissioner and her senior officers. It was an excellent example of how the democratic process and the representative body that is the Houses of the Oireachtas keep an overview of the statutory bodies we create. Sometimes laws are passed and statutory bodies created and we wave goodbye and have no more to do with them. It is essential that the Joint Committee on Justice and Equality continues to review the work of An Garda Síochána to see how the system can be improved on a ongoing basis. I commend the Chairman and members of the committee. The process that took place was very useful. It did not involve interaction with any Government Ministers but it was an illustration of how the Oireachtas can fulfil its very important functions pursuant to its oversight role.

When one looks at the committee's report, one will see that it has produced many recommendations relating to the specific statutory bodies established under the Garda Síochána Act 2005 that are responsible for Garda oversight. GSOC appeared before the committee. I welcome its chairman, Ms Justice Mary Ellen Ring, and other persons from GSOC to the Public Gallery. GSOC plays a vital role in Garda oversight. As Fianna Fáil justice spokesperson, I am frequently contacted by people who complain that An Garda Síochána did not provide them with a good service. Sometimes they claim that there was Garda wrongdoing. As a politician, I cannot assess that. I can listen to them and give them advice but it is essential that we have a statutory body that is responsible for investigating allegations of Garda wrongdoing. We have the correct statutory system in place by having GSOC there to do it. I am concerned that sometimes when complaints are made to GSOC, and serious ones have been made regarding members of An Garda Síochána, it can take a very long time for those reports to be completed. I refer, in particular, to the report into a complaint made by Lucia O'Farrell about the death of her son. I suspect the reason it takes so long is a question of resources. If we are serious about these statutory bodies fulfilling an important oversight role, it is important that they are properly resourced so that they can carry out their functions. Without the necessary resourcing, we are doing them a disservice.

The statutory body with the most opportunity for development and the most potential is the Policing Authority, which is chaired by Josephine Feehily. She came before the committee and gave a very good presentation in terms of the functions of the authority. It is a body that is just starting out. I welcome the fact that the authority now has responsibility for senior appointments and promotions with An Garda Síochána. This can bring about a very significant change in the manner of promotion within An Garda Síochána. It will be an important oversight mechanism in terms of how gardaí will be promoted, what competitions will be run, whether people from lower levels can jump one or two levels to be promoted if they show excellence and whether we are prepared to allow recruitment to An Garda Síochána through some graduate promotion at higher levels rather than by means of the traditional route through Templemore. This would require the intervention of the Minister and Oireachtas but it is something on which I will be interested in seeing the Policing Authority work.

The third relevant body the committee spoke to was the Garda Síochána Inspectorate, which produces reports on how the force can be more efficient and effective. It was a matter of some concern to me when somebody mentioned recently that the inspectorate's website used to have a display of its recommendations and information on whether they had been implemented by An Garda Síochána. I understand this has now been taken down. It is extremely important that if the inspectorate is to make recommendations that will have the effect of improving An Garda Síochána, we ensure that they are followed up. There is no point in bodies making recommendations and everybody being satisfied with them but there being no review process to appraise whether the relevant changes have been implemented. If we are serious about changing the force for the better, we need to ensure the inspectorate's recommendations are properly implemented and we need to be able to see what ones have not been implemented.

The fourth body that came before the committee was An Garda Síochána itself. I know that one of GSOC's recommendations, which I support, was that some minor complaints against members of An Garda Síochána should be handled within the force. They could be complaints about discourtesy or a Garda not being particularly polite to an individual. People are perfectly entitled to make those complaints but we are clogging up GSOC by requiring it to investigate what I would refer to as minor complaints. They are matters that should be dealt with by the employer, which is An Garda Síochána.

The Garda Commissioner came before the committee and discussed the changes that are taking place at senior level in the force. This is something we must keep under constant review. We sometimes allow personalities to take the place of the important priorities. We need to ensure that Garda reform continues at a pace. It is important, as Deputy Louise O'Reilly mentioned, that we recognise that the Irish public has faith in An Garda Síochána. This does not mean that when a complaint is made or where we have serious concerns as to potential wrongdoing in An Garda Síochána, we turn a blind eye. We would be doing the public a disservice if we did so. However, it is important to recognise that we, as legislators, have a duty to apprise the public that this House has confidence in An Garda Síochána but that there are mechanisms in place to ensure that any wrongdoing by the force is identified and that we can improve its operations by means of the inspectorate and the Policing Authority.

The Tánaiste indicated that she proposes to amend Part 4 of the Garda Síochána Act to enable GSOC to carry out its functions more effectively and efficiently and to help continue to ensure the proper accountability of the force in providing a service to the public. In doing so, I hope and presume she will take on board the recommendations in the committee's report. The Committee on Justice and Equality is the first committee of which I have been a member, and it could be the last, but it represents what is best in the Houses of the Oireachtas. People leave their party affiliations outside and work together. I commend all the members of the committee, particularly the Chairman, who is very efficient, thorough and always on time and who has produced a series of reports. The last time I spoke about one of these reports which came before the Dáil, I praised the fact that the committee was heading the stakes in terms of the number of reports produced. I think we are now up to four. I will wait to see other committees come in here to introduce their reports.

Deputy Bernard J. Durkan

I have wanted to say few words about this issue for a long time. I congratulate the Chairman, members and secretariat of the committee for compiling the report, which they obviously took very seriously, as is indicated by the result. Gardaí have a right to be proud of their force and to take pride in their job, responsibilities and the public trust in them in anticipation of the latter's confidence being well founded. Over a period, a number of incidents throughout the country raised certain questions. There were countless debates inside and outside this House and a number of court cases took place. One thing that became obvious was that a gradual chipping away erodes public confidence in any system. This took place, as we in this House all know from observing events. It was unfortunate that this happened but a number of issues that were raised chipped away at that public confidence. As a result, gardaí are now said to have low morale, low confidence and low self-esteem.

That is not good. It is now incumbent on everybody - us, as public representatives, gardaí, management of An Garda Síochána and the Minister - to recognise the importance and seriousness of ensuring issues that cause concern to the general public which are raised time and again are investigated thoroughly to the satisfaction of the justice system. That is without pillorying or victimising anybody or in any way dumbing down the organisation or individuals in it but to be sure to be sure we all have confidence in the system and the investigative procedures in order that we can relax in the clear knowledge that whatever is required of the Garda will be done impartially and in accordance with best practice.

I understand how gardaí feel from time to time when they receive criticism which is sometimes unjustified. They will say they are on the front line and they are facing criminals and everything that could be thrown in their direction. Very often they are treated with contempt by some members of the general public, which can be very demoralising. They raise the same questions repeatedly, yet nobody says, "Apart from that, you are doing a great job," because we tend to pick out the issues that irritate us and look at where things go wrong. Every aspect of our society has been tried and tested in the past 20 years or so and all have been found wanting in one way or another. There is no aspect of our society that has not been checked and tested in the courts by way of investigation or inquiry in the past 20 years and the reason is different standards are now expected. There are different standards of transparency and accountability which did not apply many years ago, notwithstanding the fact that all those years ago gardaí had to stand up and put their lives at risk on a daily basis in carrying out their jobs. Some of them paid the ultimate price. In the course of this debate, therefore, we need to acknowledge the things that have happened and recognise the sacrifices made by the individual members of An Garda Síochána at all ranks and their families in the job they took on in very challenging circumstances.

I want to comment on the new procedures. I compliment the Tánaiste and previous Ministers on introducing GSOC, the Garda Inspectorate, the system of investigation and the new Policing Authority, all of which should serve to underline the importance of having public confidence in the system. When in difficulty, following a robbery or something more serious, a member of the public will ring An Garda Síochána. That is the first point of contact, but the telephone is not always answered. That is a fatal flaw. I know that there may be a difficulty with resources, but there should be no difficulty in ensuring the telephone is answered. That is the first time a member of the public who very often is vulnerable gets to measure his or her confidence in the system which he or she expects to protect him or her. We need to be certain that issue is addressed, but it is not always addressed and I am being as kind as I can in the circumstances. The Ceann Comhairle knows what I am talking about.

Within every big organisation there are victims and there are people who victimise others. There are people who bully others and there are people who have done the same thing for years and got away with it. I will not go into too much detail. Suffice it to say I recognise the importance of the whistleblower and the role he or she can and must take in current circumstances. That person should not be abused either, but there could be a tendency to do so. There is management or there is not and a whistleblower is not a manager but somebody who says something has gone wrong and needs to be addressed. Such matters need to be investigated and put right. However, it should not follow that the whistleblower should take on himself or herself executive powers because that is not his or her function but of somebody else in the pecking order. I emphasise this because we all have had experience of working with big organisations and people know what I am talking about.

In the context of the report, we should recognise the huge complementary work done by the Garda during the years. We should also recognise the challenges facing it and the growing demands which will only increase those challenges further. We should recognise that modern policing methods will help to make its job easier. Harking back to what happened in the past under the old system and how workable it was is a waste of time and energy. The Garda needs to adopt modern policing methods in concert with all other police forces throughout Europe and across the globe. We have to recognise that members of the general public can often point to various people who have committed horrendous crimes over a period of time and apparently walk away. There is that perception among the public. In many cases the Garda has pursued such persons endlessly and still seems to be thwarted and frustrated by the fact that somewhere along the line they seem to receive bail, get off with a warning, a suspended sentence or whatever the case may be. I am not making reference to any particular case, but we all know what I am talking about. We also need to address these issues because they are part of the delivery of the system. In the final analysis, members of the public expect the Garda to serve and protect them. It is the Garda's job to do this impartially, fairly and without fear or favour. When we get to that stage - we are on the way - we will have done a great job and justice to the system and need for accountability and transparency. We will also have done ourselves justice.

Minister for Justice and Equality (Deputy Frances Fitzgerald)

I thank all Members for their contributions to what has been a very balanced debate. I also take the opportunity, as Deputy Jim O'Callaghan did, to welcome Ms Justice Mary Ellen Ring, with Mr. Toland and other representatives of GSOC. I thank them publicly for their work and leadership.

As everyone has agreed, oversight and accountability are extremely important. Equally, members of An Garda Síochána have to be allowed to get on with the task of meeting the daily challenges in their work, as Deputy Bernard J. Durkan, in particular, emphasised. We have to acknowledge the challenges and demands posed by that work. As any objective person would conclude, at this point there is considerable oversight. There is the Garda Inspectorate, GSOC and the Policing Authority. Of course, An Garda Síochána also has its own disciplinary measures and there is the work of the Oireachtas Joint Committee on Justice and Equality. It is important to have an appropriate balance. We have to have the right bodies in place. As a number of Deputies said, we have to be absolutely sure the recommendations they make and the changes to which they point are implemented. We will need to spend a considerable amount of time examining the issue of implementation. The Oireachtas Joint Committee on Justice and Equality will undoubtedly also be doing this. Clearly, change within these organisations and the legislative changes we can make are an important aspect. Following my most recent meeting with GSOC, I highlighted that it was time for a review. It will be a ten-year review which will, of course, be informed very considerably by the work of the committee. I intend to go to the Government very shortly to get permission to produce the heads of legislation in that regard, on which I have no doubt we will have detailed discussions.

I want to make a general point about oversight bodies, and I saw this in the work of the Health Information and Quality Authority, HIQA, when I was Minister for Children and Youth Affairs. The relationships that are formed between, for example, An Garda Síochána and these bodies will go through different stages. To take the example of the Policing Authority, the relationship between the two bodies is at a very early stage and we have to give it time to bed down and to see where it goes in the future. The point I am making is that these relationships are developmental, and they need to be developmental. We must assess and monitor them and, as I said, reform is an essential part of that. It would be surprising if we did not talk about changes and developments in the legislation, as Deputy Ó Caoláin was suggesting, in the report with regard to the various bodies.

Suffice it to say that I fully endorse what people are saying with regard to transparency, accountability and oversight. We have come from a period some time ago where that was not the case. Undoubtedly, we have seen poor practice and the need for change. The more transparency and accountability that comes into the system, the better the service the public will get and the more satisfying it will be to be a member of An Garda Síochána. Quite a number of members have emphasised the need for cultural change, and management have to lead that cultural change. It is challenging, but I know from dealing with management of An Garda Síochána that it has a huge amount of experience. With regard to talk of a clean sweep, I believe cultural change is necessary but we must also recognise the level of experience and the contribution that has been made by so many people. That is not to sweep anything under the carpet or to say that change is not needed but we should take a balanced approach to this. We are all very aware that if one operates in a climate of constant criticism and undermining, it can be very hard to do one's job and the citizens of this country need the members of An Garda Síochána to be out there delivering effective services. Quite a number of Deputies spoke about the regard with which the members of An Garda Síochána are held but it is clear that changes are necessary. We have seen examples of poor practice in reports we have discussed in this House in very recent years, so there is work to be done. I believe that is recognised by all.

I thank the bodies involved in oversight and accountability. They do an incredibly important job. There is very good leadership in each of them. At the same time, we will examine if there are things we as legislators should do to ensure that they can do their job more effectively. That certainly will be in the interest of citizens as well.

Deputy Caoimhghín Ó Caoláin

I could not see our visitors, who must be in the Gallery behind me, but I would like to join with colleagues in welcoming Ms Justice Mary Ellen Ring, the commissioner, Mr. Mark Toland, and colleagues who I understand may be with them here this evening.

I would again like to record my thanks to the Tánaiste and Minister for Justice and Equality for attending and engaging with us in this debate this evening. I want to thank all the members of the committee and the other colleagues who are not members but who took the time to join us over the course of these couple of hours. I note the Minister's welcome for the report at the outset of her contribution and I agree that reform is an ongoing process but I would add that there is a body of steps that can and should be taken now, and I hope she would recognise that many of those are contained in this report.

I welcome the Minister's confirmation that she had a specific meeting in this regard last month with the chairperson of the Garda Síochána Ombudsman Commission, GSOC, and I am happy to note that the Minister is shortly to go to Cabinet to secure approval to prepare heads of a Bill to amend Part 4 of the Garda Síochána Act of 2005 in line, she advises, and I note with some encouragement, with the recommendations contained in the joint committee's report. I noted from the Minister's contribution that the changes will mirror closely the recommendations in the committee's report. That indication is welcome and hopefully will be realised in the not too distant future when all of us will have the chance to again address these matters in the course of the progress of the facilitating legislation.

I acknowledge the recent transfer of the senior Garda appointments function to the Policing Authority. It came into effect as of the first day of last month. I again urge the Minister's acceptance that oversight and accountability, in real supervisory terms, and especially of the higher ranks, should be vested in the Policing Authority. That it is a relatively new body is not an acceptable excuse for not giving the authority the responsibilities and powers it needs to be the force for change it can and must be and, I emphasise, the guarantor of a police service into the future that has, as I stated earlier, the deserved confidence, respect and support of all citizens.

Unannounced visits to Garda stations and related functional areas is a necessary reform in the context of the role of the Garda Inspectorate. I urge that this provision is introduced as soon as possible. It should be noted that the inspectorate does not expect to employ this power on a regular let alone a continuous basis. It is a power that would be employed on an occasional or reserve basis, and it should be provided for.

I emphasise the importance of a change in the sadly all too evident skewed view of the actions and intentions of whistleblowers from within Garda ranks. It is imperative that this cultural change is not only encouraged and promoted but insisted on with, I state again, penalties applying where there is a failure to respect or worse the actions of a colleague who reports or brings to public attention wrongdoing or inappropriate behaviour by members of the Garda service.

The Minister referenced that resourcing and funding will continue to be kept under review. It is fine to have a watchful eye on resourcing and funding but the oversight bodies need to be recognised as the critical bodies to ensure the achievement of the goals we have all declared we wish to see achieved in regard to policing in this jurisdiction. In consultation with the respective bodies, resourcing and funding should be increased and, in line with any additional roles and responsibilities provided either by legislation or regulation, as the case might be, there should be a commensurate increase in resourcing and funding to ensure that the bodies entrusted with these roles and responsibilities are able to function, and I repeat the words, efficiently and effectively and as we would all hope that they will.

I will conclude by thanking whatever process it is that allows for the selection of a committee's report. This is the second such bite of the cherry we have had from the Joint Committee on Justice and Equality, and I very much welcome it. I also add, with some humility, that I believe we also deserved it. That is a tribute in return to my colleagues who are no longer in the Chamber, and I thank them for their kind words in the course of their contributions.

I look forward to engaging with the Minister on these matters in the coming period of time. I wish the exercise she has indicated a fair wind. I extend very best wishes to each of the three bodies, GSOC, the Policing Authority and the Garda Inspectorate. I hope the exercise in which they were very important participants will prove rewarding and worthwhile to them in their roles in the future.

An Ceann Comhairle

Am I to take it that the report is agreed? Agreed.

Question put and agreed to.

The Dáil adjourned at 7.50 p.m. until 2 p.m. on Tuesday, 7 February 2017.