The Deputy will be aware that the Garda Síochána Act 2005, as amended, ("the Act") makes provision for the establishment of a number of oversight bodies for An Garda Síochána, sets out the functions and powers of those bodies and also sets out the obligations of An Garda Síochána in respect of those bodies, including in relation to data that may be required by those bodies. This is in addition to the statutory accountability of the Garda Commissioner to the Minister and the Government.
For example, under section 26 of the Act, the Garda Commissioner is accountable to the Minister for Justice and Equality for the performance of the Commissioner’s functions and those of the Garda Síochána. The Commissioner is also required under section 26 to assist and cooperate with the Policing Authority in order to facilitate the performance by the Authority of its functions.
Under section 40 of the Act, the Commissioner must account fully to the Government and the Minister through the Secretary General of the Department of Justice and Equality for any aspect of his or her functions. This includes the duty to provide, on request by the Secretary General, any document in the power or control of An Garda Síochána.
Under section 41 of the Act, the Commissioner is obliged to keep the Minister and the Secretary General fully informed of:
- matters relating to significant developments concerning
- the preservation of peace and public order in the State,
- the protection of life and property in the State, and
- the protection of the security of the State;
- significant developments that might reasonably be expected to affect adversely public confidence in An Garda Síochána;
- matters relevant to the accountability of the Government to the Houses of the Oireachtas; and
- any other matters that, in the Commissioner’s opinion, should be brought to the Minister’s attention.
In addition, the Commissioner is obliged, whenever required by the Minister, to submit to the Minister a report on any matters connected with the policing or security of the State or the performance of the Commissioner’s other functions that may be specified in the requirement.
Section 41A imposes similar obligations on the Commissioner with respect to the Policing Authority in relation to matters connected with policing services.
Under section 102B, the Commissioner is amenable to investigation by GSOC. Section 103A imposes an obligation on the Commissioner to ensure that information to be provided to GSOC for the purposes of an investigation under 102 or 102B is provided as soon as practicable.
Under section 118, the Commissioner must also provide information to the Garda Síochána Inspectorate on foot of written protocols.
Further, the Commissioner is also amenable to the Select Committee on Justice and Equality.
The Deputy will also be aware that An Garda Síochána has its own Vote (Vote 20) and that section 43 of the Act provides that the Commissioner is the Accounting Officer in relation to the appropriation accounts of An Garda Síochána for the purposes of the Comptroller and Auditor General Acts 1866 to 1998. As Accounting Officer, the Commissioner is responsible for the safeguarding of public funds and property under his or her control and is accountable to the Committee of Public Accounts (PAC) and other Oireachtas Committees.
Finally, the Deputy will be aware that the Commission on the Future of Policing in Ireland, which is comprised of national and international experts, is currently undertaking a comprehensive examination of all aspects of policing in the state, including the appropriate structures for governance, oversight and accountability, and the legislative framework for policing to ensure that it is adequate to meet the challenges of modern policing. The Commission has undertaken a wide ranging consultation and I would encourage the Deputy to engage with them if she has not already done so. The Commission is to report by September 2018 and will, on the basis of its findings, bring forward proposals for the future of policing, including appropriate recommendations for legislative change. I look forward to the receipt of these proposals which will be given full consideration by the Government.
