Dáil Éireann Debate, Tuesday - 12 December 2017
207. Deputy Catherine Connolly asked the Minister for Justice and Equality to specify the body responsible for investigating a complaint against the Garda Commissioner, the Garda Síochána Ombudsman Commission, GSOC, and the Policing Authority; and if he will make a statement on the matter. [52632/17]
Amharc ar fhreagraComplaints against members of the Gardaí can be made to the Garda Síochána Ombudsman Commission (GSOC) in accordance with the provisions of the Garda Síochána Act 2005. The Oireachtas enacted the Garda Síochána (Amendment) Act 2015 to reform, strengthen and clarify the remit and operation of the GSOC. One of the changes was to allow GSOC to investigate a complaint made against the Garda Commissioner with the approval of the Minister for Justice and Equality.
Both GSOC and the Policing Authority are statutorily independent. It is important that we all respect the independence of bodies such as GSOC and the Policing Authority.
Both bodies have customer service charters which set out the process for the making of complaints against their respective bodies and how these will be handled.
There is a mechanism in the Garda Síochána Act for the independent investigation of the conduct of a designated officer of GSOC. Section 109 of the Act permits the Minister, having consulted with GSOC, to invite the Chief Justice to nominate a judge of the Supreme Court, the Court of Appeal or the High Court to inquire into the conduct of a designated officer of GSOC while performing functions under section 98 or 99 in relation to an investigation. Given the nature of such an inquiry, namely one to be carried out by a judge of the superior courts who will have the powers, rights and privileges vested in a judge of the High Court, it cannot be considered to be an ordinary complaints or grievance procedure.
The Policing Authority Customer Charter states that a person who is unhappy about the standard of service is encouraged to raise the matter with the staff member concerned. If the issue is not resolved in this manner it can be the subject of a formal complaint. If that does not resolve it, the matter can be brought to the Office of the Ombudsman.
