3 DFómh 2014, 14:10
A single Garda Ombudsman would ensure a greater degree of accountability and ensure that there is no possibility of dissenting opinions or divergence in the Ombudsman’s findings, according to a new report by the Committee on Justice, Defence and Equality on its review of the An Garda Síochána Act 2005.
The Committee recommends the amendment of section 65(1) of the 2005 Act to change the structure of the Commission, so that instead of three people, there is a single Garda Ombudsman.
The Committee also recommends that sections 26(3), 40 and 41 of the Act be amended, in order that all members of An Garda Síochána, including the Garda Commissioner, is accountable to the Garda Síochána Ombudsman (GSO). Amending this to make the Commissioner accountable to the GSO would help ensure proper and complete oversight and accountability of An Garda Síochána, the Committee concludes.
It also recommends that the GSO should have the power to conduct investigations on his/her own initiative. The ability of the GSO to initiate investigations and inspections would encourage An Garda Síochána to maintain more effective practices and eliminate cultures which impede this, the Committee said.
The Committee acknowledges present proposals to establish a Garda Authority as a new Governance structure and recommends that the selection of nominees to the Garda Authority becomes the responsibility of the Public Appointments Service, with their consideration and appointment reserved for the Minister and Government.
The full report is available here.
Committee Chairman David Stanton TD said: “The Committee makes these recommendations after a thorough review of the present Act. These recommendations are made with the aim of reforming GSOC into the GSO, reforming the complaints process, expanding and improving the inspection mechanisms in place, the formation of the proposed Garda authority, the training of Gardaí and addressing circumstances which may lead to complaints.
“To sum up the recommendations, the Committee overall recommends a Garda Authority, where the candidates are selected by the Public Appointments Service (PAS) and approved, either by formal appointment or otherwise, by the Minister. Furthermore, the Committee suggests a similar system for the Gardaí, where senior officers are selected by the PAS and the Authority makes the appointment, which may be ratified by the Minister.
“In terms of operation, the Authority should operate as the head, with the GSO and the Inspectorate operating as the arms. The Authority would be concerned with appointing senior Gardaí, adding input to policy, strategy and planning, including budgets, managing the effectiveness of the complaints procedures through operating a help-line and referring matters to the GSO and overseeing inspections of the administration, presentation and efficiency of An Garda Síochána. The GSO itself should be primarily concerned with serious complaints and systemic problems, supported by the Inspectorate in cases where there is no specific complaint against a named or identifiable individual. The Committee recommends an expanded role for both the GSO and the Inspectorate under the auspices of the Garda Authority.
“All Gardaí up to and including the Commissioner should be accountable to the GSO. The GSO should be empowered to investigate any section of An Garda Síochána. It is the Committee’s view that the role of the Garda Inspectorate should be expanded resulting in a body similar to the one that operates in Northern Ireland. The Committee suggests that the Garda Inspectorate be transformed into a Criminal Justice Inspectorate, tasked with a wider scope to inspect other aspects of the Criminal Justice system apart from An Garda Síochána.
“The review focused on the main initiative of the Act, which is the oversight of An Garda Síochána, and explored how this can be achieved in the most effective and efficient way. The Committee agrees that reform of An Garda Síochána oversight mechanisms is a matter of the highest importance, and should be addressed carefully. The Committee recommends that the Minister considers the suggested solutions detailed in this report.”
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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)