Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Garda Síochána Ombudsman Commission Remit

Dáil Éireann Debate, Thursday - 13 June 2013

Thursday, 13 June 2013

Ceisteanna (19, 28)

Mick Wallace

Ceist:

19. Deputy Mick Wallace asked the Minister for Justice and Equality his response to the recommendation made by the UN Special Rapporteur on the situation of human rights defenders, Margaret Sekaggya, following her mission to Ireland in November 2012 that section 106, part 4 of the Garda Síochána Act 2005 should be repealed in order to ensure the full independence of the Garda Síochána Ombudsman Commission; if he has considered establishing an independent police authority; if he has considered any reforms of the structures and formality surrounding the relationship between his office and the Office of the Garda Commissioner; and if he will make a statement on the matter. [28218/13]

Amharc ar fhreagra

Sandra McLellan

Ceist:

28. Deputy Sandra McLellan asked the Minister for Justice and Equality his views on the recent calls by the Garda Representative Association for an independent policing authority here; and if he will make a statement on the matter. [28229/13]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 19 and 28 together.

The Garda Síochána Ombudsman Commission was established under the Garda Síochána Act 2005 to provide independent oversight of complaints made against members of the Garda Síochána. For the purpose of preventing complaints arising or of reducing the number of complaints, the Minister under section 106 may request the Garda Ombudsman Commission to examine a practice, policy or procedure of the Garda Síochána. This request may be made on the Minister's own initiative or following a recommendation by the Garda Ombudsman Commission. While I will certainly consider the suggestion which has been made that the Garda Ombudsman Commission should be enabled to carry out such an examination on its own initiative, it is worth emphasising that, in its core role in the oversight of the investigation of complaints against members of the Garda Síochána, the Garda Ombudsman Commission may not only investigate any complaint itself, but may also, even in the absence of a complaint, and if it appears to it to be desirable in the public interest to do so, investigate any matter that appears to it to indicate that a member may have committed an offence or behaved in a manner that would justify disciplinary hearings.

The Garda Síochána Act 2005 has clarified the roles and responsibilities of the Minister and the Garda Commissioner in relation to an Garda Síochána, and the relationship between them. The Act provides that the Garda Commissioner is accountable to the Minister for the performance of the Commissioner's functions and those of the Garda Síochána, and of course the Minister is in turn accountable to Dáil Éireann. The Act also made the Commissioner the Accounting Officer for the Force, and liable in that capacity to appear before the Committee of Public Accounts. I have no current plans to alter this accountability structure.

Barr
Roinn