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An Garda Síochána

Dáil Éireann Debate, Tuesday - 24 May 2022

Tuesday, 24 May 2022

Ceisteanna (14)

Martin Kenny

Ceist:

14. Deputy Martin Kenny asked the Minister for Justice the current status of the report of the high-level group considering the role of An Garda Síochána in the prosecution system; and if she will make a statement on the matter. [26065/22]

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Freagraí ó Béal (6 píosaí cainte)

I want to find out the current status of the report on the high-level group considering the role of An Garda Síochána in the prosecution system and would like the Minister to make a statement on the matter.

As the Deputy will be aware, the recommendation of the Commission on the Future of Policing in Ireland on this issue was accepted in principle at the time of publication, subject to further evaluation of the implications, including resource implications, how best it might be achieved and the timing of implementation. A high-level review group, HLRG, on the role of An Garda Síochána in the public prosecution system was established in September 2020 to conduct this evaluation and recommend a preferred option for consideration by the Government. The group is to report to the Government via the Department of the Taoiseach to take account of the independence of the Office of the Director of Public Prosecutions, DPP.

I am grateful to the chair of the group, a former Secretary General to the Government, Mr. Dermot McCarthy. His group comprises representatives of stakeholders, including relevant Departments, the Judiciary, An Garda Síochána, the DPP, the State Solicitors Association, the NGO sector, academics and legal practitioners. The group's work will be grounded in empirical analysis, applying the experience and expertise of its members, to prepare recommendations for the Government. In considering the implications of changes to this system recommended by the Commission on the Future of Policing in Ireland, the group will have particular regard to international best practice and the experience of relevant jurisdictions that made changes to their prosecution systems over recent years; the experience of operating different prosecution procedures in the Dublin metropolitan region by comparison with the rest of the country; and the cost of current practices and policies to serve as a benchmark in evaluating options for change.

The group submitted an interim report to me on its work in accordance with its terms of reference in the first quarter of 2021. While not strictly required under its terms of reference, a second interim report in respect of the group's activity during 2021 was submitted late last year.

The group is very conscious of the need to ensure that Ireland's prosecution system fits within the international standards and norms expected of a developed democracy and to take advantage of the lessons learned in other jurisdictions in their experience of reforming their prosecution services.

With the international research and a time-and-effort survey within An Garda now completed, I understand the group has developed a broader insight into the nuances of the public prosecution system and is well placed to finalise its work. The recommendations are to be the subject of the group's final report to the Government. It is expected that the group and chair will be in a position to complete the report during the second quarter of this year - again, before the summer. Therefore, we have a lot coming before the summer.

It is going to be a busy couple of weeks. I am aware of the work done on this. It needs to be considered very carefully because it is quite unusual that the investigating authority or service is also the prosecuting service. That is the case regarding many aspects of what An Garda Síochána does. Other jurisdictions have a different system that has served them better. The recommendation that needs to be examined comes from recognising that the current process has its shortcomings. I look forward to the full report. I believe there was a report on this in the mid- to late 1990s and there was a recommendation that no changes be made. Circumstances have changed and advanced since then and I believe we seriously need to reconsider the role of the Garda in carrying out prosecutions, particularly serious criminal prosecutions.

I acknowledge the independence of the Office of the DPP and the great work carried out by it in conjunction with An Garda. It is important, however, to ensure that we update our legislation, the office and how it operates. The group is engaging with academics and relevant experts and examining other jurisdictions, as the Deputy has mentioned. It has considered the experience of common law jurisdictions and those which operate under the general jurisprudence of European victims' rights law or its equivalent; jurisdictions where changes have taken place in the conduct of prosecutions, especially with regard to the role of the police, which is what we are talking about here; and the role of law enforcement and non-policing agencies in prosecutorial regimes, including decisions to prosecute and the conduct of prosecutions.

The review and scope of the work being done by the group led by the former Secretary General to the Government are quite broad. The group is not considering the Irish system alone; it is taking best practice into account. It is considering the systems of other jurisdictions where there have been changes and where there are other prosecutorial mechanisms. I look forward to seeing the report and will not pre-empt it.

We have had two interim reports but we will move to try to implement the recommendations as quickly as possible.

Will the report cover the oversight of investigations? In most other jurisdictions, there is some form of judicial oversight, particularly regarding serious crime, to ensure that everything is done correctly and properly. There is a barrister or other individual in charge of the investigation to ensure everything is done as it should be. The majority of Garda investigations, even the most serious kinds, are carried out properly, but sometimes we have difficulties. Additional oversight in respect of that needs to be considered. Is that part of this process?

The DPP is independent of my office and has the power to issue directions in all cases to An Garda, and An Garda must comply. Where the Garda does not comply and where concerns are raised, the Garda Síochána Ombudsman Commission, GSOC, has a role. Individuals with specific concerns can go to it and gardaí can raise concerns themselves. The review covers several areas, and I do not want to pre-empt what will come of it. Obviously, we will share it with the Deputy and others when completed.

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