Speeches
Speech by Fiona O'Malley on Garda Siochana Bill
Garda Siochana Bill, Speech by Deputy Fiona O'Malley TD, Dail Eireann, 9 March 2004
I welcome the opportunity to debate this hugely important Bill in the Chamber today and I want to put on record my congratulations to the Minister for Justice Michael McDowell for bringing forward this most significant piece of legislation.
This bill is important for a number of reasons. It is the first real attempt to reform the management of the Garda Siochana since that force was founded over 80 years ago. For the first time it sets out clearly the role and the objectives of the Force, and defines it relationship with the Minister and the Government. This is very important as a properly functioning, modern police force needs to have its role and its relationship with the Minister of the Justice of the day clearly defined. Any blurring of the lines leads to confusion and creates difficulties.
The bill alsoacknowledges that there has been a decline in trust in the force in recent times, and it seeks to restore that trust, principally through the establishment of the Garda Siochana Ombudsman Commission, replacing the Garda Siochana Complaints Board.
The purpose of the Garda Siochána Ombudsman Commission is to ensure openness, transparency and accountability in the process by which complaints against the Gardaí are investigated. It will be an independent body and is in line with the Government commitment to establish a new body with the powers of an Ombudsman to investigate compalaints.
This is both a welcome and a timely move. There have been many justified complaints about the existing mechanism, and way in which complaints against the Gardaí are dealt with. There is the perception that many complaints are not investigated properly and breaches of discipline are not adequately dealt with. This has contributed to a break-down in trust between the Gardaí and the public, and must be restored. Trust is both a fragile and precious commodity and can easily be broken. I believe the establishment of this Ombudsman Commission will fully repair that trust and restore public confidence in the force.
The bill proposes the establishment of a fully independent Garda Ombudsman Commission which will be a three person body. In order to maintain full independence from the Gardaí, none of the members of the body will be serving Gardaí or former Gardaí. I believe that is fundamental, as criticism of the complaints procedure in the past have centred on the inadequacies of 'Guards investigating Guards.'
The new Commission will deal with all complaints against Gardaí. In general, the Commission may decide whether its own investigators will investigate specific complaints or whether it will ask the Gardaí to investigate. But any complaints involving death or serious physical injury must be investigated by the Commission and its own investigators.
It is envisaged that the Commission will have a total staff of about 80 people (of whom 10 – 20 would be investigators) and an annual budget of €7 million.
The Commission will also examine Garda practices and procedures. Within two years of its establishment, the Commission will report to the Oireachtas on its effectiveness and on the adequacy of its functions. I welcome the establishment of this Commission as it would do a great deal for moral among the force and trust among the public.
Another significant reform measure in this Bill is the establishment of an Independent Garda Siochana Inspectorate in a bid to improve democratic accountability for the actions of AN Garda Siochana.
A healthy democracy based on the principles of civil obedience and law and order, requires a properly functioning police force, which commands the trust, respect and support of the people. The Garda Siochana inspectorate will introduce the concept of benchmarking to the force, with standards, practice and performance benchmarked to comparable international policing experiences. The key objectives will be to ensure and promote efficiency and effectiveness in the Garda Siochana and to provide independent and objective advice to the Minister on the operation and the administration of the force.
I also welcome the change to the declaration for persons joining the Garda Síochana to include the need to have regard for human rights in carrying out policing duties. I think this is a significant change and one the recognises the complex and difficult tasks our Gardaí have to perform on a daily basis. It recognises that being a member of the Gardaí Siochana is not purely about enforcing the law, it is also about dealing with people, often in the most difficult and emotionally charged circumstances, and being a good Guard is as much about being a good human being as it is about being an officer of the law. They are, at the end of the day, our Guardians of the Peace.
The Force has its critics and must take fair criticism. From time to time it has its failures. But when we have to form judgements on the Force and its members, we would do well to remember the simple, spontaneous acts of bravery and good character
I also welcome the Bill because it embodies the principle of community involvement.
This Bill provides for the establishment of joint policing committees with local elected representatives. These committees will allow for local representatives to make recommendations about local policing matters, and will allow local Gardaí make recommendations to local authorities about the steps they can take to reduce crime. It puts on a formal basis the partnership between Community and the Gardaí that many communities currently enjoy. Tackling crime on a local level is very much a two-way street. Councillors and local community representatives cannot fairly blame local Gardaí if they have failed to play their part. Local authorities cannot criticise local Gardaí for a rise in joy-riding incidents if they fail to put in place adequate traffic calming measures in the local community. Nor can they fairly criticise a rise in mugging incidents if proper street lighting has not been in installed in areas where it is needed. Nor can they criticise a rise in youth crime if areas have been badly planned, if housing developments are allowed spring up in a haphazard fashion without adequate local facilities also being put in place.
This part of the bill was the subject of a number of amendments in the Seanad and I think emerged the stronger because of these.
The provision for the establishment of a Garda Reserve is also an innovative and welcome measure. We are the only civil law country in the world that does not have such a reserve force to call upon, and I think its establishment in this country is long overdue. As the Minister made clear in his speech earlier, this is in now way meant to replace the existing force, instead it is intended as a valuable community resource to be called upon and used to perform certain functions at certain periods of time.
This Bill, when passed, will ensure that An Garda Siochana is a truly modern force for the 21st century, efficiently organised and efficiently run, and which has the full faith of the communities it serves.
I thank Michael McDowell for his energy, his drive, and his commitment as Justice Minister, and I commend this Bill to the House