Amendments to Act sought

OPERATIONS: THE GARDA Síochána Ombudsman Commission is seeking a number of amendments to the Garda Síochána Act to streamline…

OPERATIONS:THE GARDA Síochána Ombudsman Commission is seeking a number of amendments to the Garda Síochána Act to streamline its operations and give it more flexibility.

Proposed amendments are contained in a two-year report, which was published yesterday, reviewing the operation of the commission since it was set up.

One of the amendments would be the power to examine documents and files when conducting preliminary inquiries.

The commission believes this might sometimes inform the decision as to whether or not a complaint should be deemed admissible. At the moment, the commission does not have the power to examine all relevant files.

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The commission is also seeking the power to exercise greater discretion about what constitutes "an appropriate and proportionate investigation". In some cases it considers that a full investigation into allegations might not be appropriate.

Its chairman, Mr Justice Kevin Haugh, said: "It is important that the Garda Síochána remains responsible for maintaining discipline in its ranks.

"Therefore we consider it appropriate that certain matters be investigated by them under our oversight, in line with international practice. We retain supervisory and review powers, including the power to take over an investigation when we believe that we should in the interests of all concerned."

The two-year report points out that the commission has been functioning with staffing levels below what was originally envisaged as being necessary to discharge its statutory duty. The original requirement of four teams of investigators plus an intelligence unit was not approved by the Department of Finance until April 2007, and it operated with three teams.

Additional staff have taken up their positions since January of this year.