Dáil Éireann Debate, Tuesday - 24 May 2022
11. Deputy Martin Kenny asked the Minister for Justice when she plans to publish the implementation plan for the Garda Síochána Inspectorate report on corruption; and if she will make a statement on the matter. [26067/22]
Amharc ar fhreagraI will ask the Minister about the plans she has to publish the implementation plan for the Garda Síochána Inspectorate report on corruption. I understand that some progress is being made on this but we need to see delivery in this area, as soon as possible.
The recommendations contained in the Garda Síochána Inspectorate report, Countering the Threat of Internal Corruption – A review of counter-corruption structures, strategies and processes in the Garda Síochána, are extremely important.
They are positive recommendations which have the potential to greatly strengthen how the threat of corruption is dealt with in An Garda Síochána and to develop a shared understanding of the threat of corruption across the broader criminal justice sector. The Deputy will be aware that this is the first self-initiated inspection conducted by the inspectorate following consultations with a number of key stakeholders, including An Garda Síochána, the Policing Authority and my Department. I clarify for the Deputy that the purpose of the inspection was not to identify or investigate specific incidents of corruption within An Garda Síochána. Instead, in keeping with the inspectorate’s mission, the purpose was to examine and make recommendations to strengthen the organisation's effectiveness in preventing, detecting and mitigating the threat of internal corruption. The inspection also assessed the structures, strategies and processes in An Garda Síochána, benchmarking them against a range of commonly accepted counter-corruption functions which help to support a modern police service to operate effectively.
The final report, published in March 2021, included 34 recommendations, of which 30 were directed at An Garda Síochána, three at my Department and one at the Department of Transport. I acknowledge it has taken longer for an implementation plan to be brought forward and I would have liked for it to be complete at this stage. There has been extensive engagement between my Department and An Garda Síochána on the development of a specific implementation plan which will address all 34 recommendations. We are at an advanced stage in that process. We have broad agreement on actions to implement each recommendation and it is expected that the plan will be brought to Government and published shortly. It will certainly be done before the summer recess.
The publication of the implementation plan will build on a number of recent initiatives which have made progress in this area. While there are 34 recommendations, much work has been done already and the gardaí have moved to implement some recommendations. The Garda Commissioner signed the integrity at work pledge with Transparency International and nominated Transparency International Ireland as the specialist body to provide independent advice to Garda personnel on protected disclosures. I will mention others in a supplementary reply.
Many key findings of the report point to there being no strategic analysis of the risk of corruption or the dangers of corruption that may exist in many aspects of An Garda Síochána's work. Like many parts of our public service, the garda's work is based on trust. We have to trust that the person in the organisation will deliver and is doing the best for everyone concerned. Deputies Bríd Smith and Carthy asked a question about Shane O'Farrell, which reminded me of this. In the end, this comes to the core of many of the scandals, inquiries and investigations that we have had over the years. When there is a mistake or a problem, the instinct has always been to cover it up. That in itself is corruption and the biggest corruption we have had in An Garda Síochána over the years. There is a tendency to immediately cover up. When that cover-up is investigated or questioned, the cover-up is covered up and we end up with layers of problems. That has caused significant issues and needs to be looked at with regard to corruption in An Garda Síochána.
The role of the inspectorate is to benchmark overall policing performance of the gardaí. It is not just the work they do in the community and how they engage with people, but it is also about looking at the structure to see where there is need for improvement and to make sure the core operations and how they carry out their work are improved. As I mentioned earlier, I just came from an event where the Garda Commissioner said that, over the last 100 years, gardaí have not always got it right. They have made mistakes and even apologised for mistakes made. It is about what the gardaí do when they are made aware of those mistakes. There are 34 recommendations, with 30 being for the gardaí, and before we have even made an implementation plan, they have moved to make those changes and acknowledged that the changes are needed.
The Garda Commissioner established the anti-corruption unit in 2020. The unit has a national remit to prevent, detect and investigate corruption and criminality committed, or suspected of being committed, by gardaí or Garda staff. A deputy commissioner was appointed who is responsible for strategy, governance and performance as senior police leader with responsibility for counter-corruption in An Garda Síochána. Several anti-corruption policies were developed and published. The Deputy might be aware that I brought forward the Garda Síochána (Functions and Operational Areas) Act 2022. This contains provisions to support the introduction of regulations in relation to substance misuse testing. Many things have been done to date.
I appreciate there has been work and advancement. One area which requires focus is gardaí carrying out work outside of their work as gardaí. Sometimes that has compromised them and others around them. The work that they often engage in after retiring from An Garda Síochána also needs to be looked at. There is a network that has developed over the years that certainly needs to be brought to an end, because it is not a reflection of the kind of professionalism that we should see in a police service that is there to serve the public. Anything that can be done about that is welcome. I know the Garda Commissioner is aware of it and is trying to come up with solutions. Deputies in every county in the country will give examples of it. It is not a party political issue, but happens across the board. Everyone knows about the cosy arrangements that have been in place in the past and that have not been healthy or good. They need to be brought to an end.
It is important to be clear that if people sign up to become members of An Garda Síochána, they have signed up to the rules and regulations and have to adhere to them. The Garda Commissioner has been clear about making sure all members of An Garda Síochána understand and adhere to them. If people retire, they are entitled, within the law, to continue working or engaging in an area that they have spent their entire lives working in, in the same way as the Deputy or I would be if we retired. When people retire, the vast majority do not go home, go on holidays and spend their time in their gardens. Many people use the expertise and knowledge they have built up over many years to support communities and to continue to support people in different ways. The report identifies some failures and where the gardaí need to make improvements. The gardaí have accepted that. It is taking longer than we would like to publish it but it will be published before the summer term. The fact that the gardaí have already started to implement it and made progress shows that this is not being forced on them. It is something they welcome. As we look to the next 100 years, we want to make sure they are stronger than ever.
