Dáil Éireann Debate, Tuesday - 24 May 2022
15. Deputy Bríd Smith asked the Minister for Justice the details of proposals by the Government to reform GSOC; the accountability or oversight by Dáil Éireann or by another body that the current structure allows for; the mechanism that is available to revisit previous commission investigations that may have failed to discover facts or wrongdoing; and if she will make a statement on the matter. [26135/22]
Amharc ar fhreagraMy question relates to the final point the Minister made in respect of the previous question, namely, GSOC and the role it plays. Could she give details on the plan to reform GSOC, the accountability or oversight by Dáil Éireann or another body that the current structure allows for and the mechanism available to revisit GSOC investigations that may have failed to discover facts or wrongdoing? Could she make a statement on the matter? I am thinking about the Terence Wheelock case in particular. It is an obvious one to mention in respect of failure. The real question is-----
Unfortunately, we are out of time.
Will we have the ability to look back at cases that clearly failed?
I will give a very short reply. The policing, security and community safety Bill contains proposals for the improvement of GSOC. These are to expand the remit of the body to include Garda staff and allegations that come to light other than by way of a complaint from a member of the public and provide that all complaints, other than minor service-level-type complaints, will be investigated by the body itself.
The Bill will streamline investigation procedures to support timely, transparent and effective resolution of complaints and investigations. At the moment there is a twin-track process where you have to decide if it is civil or criminal at the outset and then go back if that is not the case. We are trying to streamline that in order that it is one simple process. There will be restructuring of the body itself, replacing the current three-person commission with an ombudsman and deputy ombudsman model, so that the organisation will have a clear and publicly identifiable leader for the first time. We will provide for office holders to be appointed by the President on the nomination of Government following a selection process by the Public Appointments Service. We will continue to invest. We have seen a significant increase in funding to GSOC in recent years and that will continue. It is not just to carry out its functions, but to expand on its team and staff. In relation to being able to go back on cases, I am informed that it will be possible but there will be a threshold. We will set out in detail in the legislation what that threshold will be, whether, for example, the emergence of new evidence or something else coming to light that is substantially different to the case that had been brought about. It will be a matter for GSOC to decide whether it can be reopened, but the possibility will be there.
