Justice Committee publishes interim report on hearings into Garda Síochána Act 2005

The Committee recommends the following:

•    In order to ensure proper oversight and accountability of the Force, the Committee recommends that the Garda Commissioner be accountable to the Garda Síochána Ombudsman Commission (GSOC).
•    Presently, the Garda Ombudsman sits as a three person Commission. The Committee recommends that the structure of the Commission is changed, so that instead of three people, there is a single Garda Ombudsman.
•    The Committee recommends that no serving or former member of an Garda Síochána should serve on GSOC.
•    GSOC should have the power to conduct investigations on their own initiative.

The Complaints Process:

•    The Committee recommends that GSOC should be responsible for all complaints against Gardaí.
•    The Committee emphasises that any citizen should be entitled to raise a genuine concern or complaint to a public body without fear of reproach. As such, the Committee recommends that GSOC should introduce structures within its office to enable whistle-blowers to bring matters of concern to the notice of the Ombudsman, in the knowledge that the issues raised would be treated with the utmost sensitivity and in confidence.
•    To aid the efficiency of the complaints process, the Committee recommends that consideration is given to the establishment of a ‘help line’ to offer advice in confidence and a separate ‘hot line’ to offer the opportunity to report.

Inspection of the Criminal Justice System:

•    The Committee recommends, as part of a more general authority or otherwise, that a Criminal Justice Inspectorate is established to oversee and supervise the administration of all aspects of the criminal justice system, similar to the body which exists in Northern Ireland.
•    This new organisation would have powers to oversee a number of bodies, expanding its remit over time. Such bodies under its remit may include an Garda Síochána, the Courts Service, the Director of Public Prosecutions, the Legal Aid Board, the Probation Service and the Ombudsman Commission.

The Proposed Garda Authority

•    The Committee recommends that the proposed Garda Authority would initially operate as a ‘shadow organisation’. This is to ensure that the right administrative structure is in place before the Authority assumes any real investigative and administrative powers.
•    The Committee recommends that there is no Ministerial or Government involvement in the appointment of the Garda Authority and that this becomes the responsibility of the Public Appointments Service.
•    Furthermore, the Committee recommends that the appointment of senior officers within An Garda Síochána becomes the responsibility of the Garda Authority.
•    The Committee recommends that the proposed Garda Authority, and the organisations it oversees, be required to present an annual report to both Houses of the Oireachtas detailing all aspects of their work.  

Committee Chairman David Stanton TD said: “The Committee wishes to reiterate that this is an interim response dealing with a particular aspect of the Garda Síochána Act 2005. We intend to continue our review of this Act over the coming months with the view to bringing forward a more detailed and comprehensive report in the Autumn.”

Read the interim report here: http://bit.ly/ShMVlZ 

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Committee Membership

Deputies: Niall Collins (FF); Marcella Corcoran Kennedy (FG); Alan Farrell (FG); Anne Ferris (LAB) [Vice-Chairman]; Seán Kenny (LAB); Pádraig Mac Lochlainn (SF); Finian McGrath (IND); John Paul Phelan (FG); David Stanton (FG) [Chairman]

Senators: Ivana Bacik (LAB); Martin Conway (FG); Rónán Mullen (IND); Denis O’Donovan (FF); Katherine Zappone (IND); Tony Mulcahy (FG).