I propose to take Questions Nos. 126 and 128 together.
A new Corporate Governance Assurance Agreement was drawn up between my Department and An Garda Síochána and signed on 20 November 2017. The Agreement has due regard to the revised 2016 edition of the Code of Practice for the Governance of State Bodies, and replaces the Governance Framework Document signed on 29 July 2016.
The Agreement is available on my Department's website (www.justice.ie) and a copy has been forwarded to the Public Accounts Committee for its information.
It sets out the broad governance and accountability framework within which An Garda Síochána operates, and defines key roles and responsibilities which underpin the relationship between An Garda Síochána on the one hand and the Department, the Minister and the Government on the other.
The Agreement reflects the current statutory position in accordance with the Garda Síochána Act 2005 and will be updated as necessary, and at least every three years.
Among the Garda commitments listed in the Agreement is a commitment to ensure that effective governance and risk management frameworks are in place in the organisation and an undertaking to keep these frameworks under review to ensure their continued effectiveness.
Also, the Agreement sets out the requirement for at least 2 Governance meetings between the Department and An Garda Síochána per annum as well as providing that such meetings will afford both organisations the opportunity to address any matters arising out of the operation of the Agreement such as:
- any specific policy issues pertaining to An Garda Síochána;
- any matters that should be brought to the attention of the Minister including—
- any matter that might be comprehended by section 41 of the Act of 2005,
- any internal governance-related matter,
- any matter relating to An Garda Síochána that might have been the subject of, or might give rise to, public commentary or scrutiny,
- any matter that might impact on the reputation of An Garda Síochána.
These meetings are in addition to other governance meetings that take place between the Department and An Garda Síochána. They meet in a number of different formations on a monthly or quarterly basis to support the formal governance arrangements. The monthly meetings concern:
- financial management;
- resource needs;
- progress on implementation of the Reform Programme.
The quarterly meetings that include representatives of the Policing Authority (either as participants or observers) concern the ICT programme and resources generally. In addition, there are also quarterly meetings concerning the provision of security services.
In relation to communications between the Department and An Garda Síochána, the Agreement provides that both parties agree to:
- commit to proactive and timely communications, cooperation and information-sharing on service delivery;
- support the effective achievement of agreed targets, as well as the promotion of partnership, responsiveness and mutual cooperation in their ongoing interactions;
- consult and to keep each other fully appraised on all matters of mutual relevance, including regular meetings, at least monthly, with a view to monitoring expenditure, progress on the Modernisation and Renewal Programme 2016-2021 and in relation to resources generally;
- work together closely for the purposes of the estimates process; and
- support prompt and timely responses to correspondence, information requests and related matters.
In this context, arrangements are in place for the development of an Information-sharing Protocol between the Department and An Garda Síochána to reflect and formalise the practical day-to-day arrangements under the Agreement. It is intended that the Protocol will be finalised by the end of 2017 and I understand that work is very well advanced in this context.
The Deputy will, of course, be aware that the Commission on the Future of Policing, chaired by Kathleen O’Toole, is at present undertaking a comprehensive examination of all aspects of policing including—
- all functions currently carried out by An Garda Síochána, and
- the full range of bodies that have a role in providing oversight and accountability for their activities; namely, the Policing Authority, the Garda Síochána Inspectorate, the Garda Síochána Ombudsman Commission, the Department of Justice and Equality and the Government.
Among the issues comprehended by the terms of reference, are:
- the structures and management arrangements required for the most effective delivery of policing (including all functions currently carried out by An Garda Síochána),
- the appropriate composition, recruitment and training of personnel,
- the culture and ethos of policing,
- the appropriate structures for oversight and accountability, and
- the legislative framework for policing.
The Commission is expected to report in September 2018.
